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The GDPR in the EEA—greater harmony or increased permitted divergence?

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16 February 2018 / Liz Fitzsimons
Issue: 7781 / Categories: Features , Data protection
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Liz Fitzsimons talks to Jenny Rayner about how EU member states are preparing for the application of the GDPR

To what extent do you think the General Data Protection Regulation (GDPR) will harmonise data protection laws across the European Economic Area?

At first glance, the General Data Protection Regulation (EU) 2016/679 (GDPR) seems to offer a simple solution of a harmonised data protection law across the EU (and EEA), in place of the current fragmented data protection system which varies quite widely between member states, as each has differently implemented the current Directive 95/46/EC (the Data Protection Directive). As an EU Regulation, no local law implementation is required to adopt the GDPR, which applies direct ‘as is’ in each member state. This approach to the GDPR reduces the ability and likelihood of individual member states each creating their own slightly different version of it.

The approach taken by the GDPR also seeks to sweep away some of the current compliance obligations under the Data Protection Directive which, as locally

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