Articles

GDPR is effective: Will GDPR guidelines from national authorities be binding?

Stibbe - Will GDPR guidelines from national authorities be binding?

GDPR is effective: Will GDPR guidelines from national authorities be binding?

31.05.2018 EU law

GDPR is now fully effective. Preparing your company for the application of this new regulation requires a correct understanding of its principles. We highlighted a series of 12 common misconceptions regarding the interpretation of the GDPR.

Will GDPR guidelines from national authorities be binding?

Doubts exist as to the binding effects of guidelines issued by the different national authorities that further elaborate the different aspects of the GDPR. This could lead to potentially contradictory instructions for multinational corporate groups that have subsidiaries in different Member States where the corresponding data protection authorities could have issued differing guidelines on the application of a same provision of the GDPR.

In that respect, the interpretation adopted by a national authority on specific provisions of the GDPR will only be binding for those companies (or groups of companies) whose “main establishment” (i.e., the place where decisions on data processing are taken in the European Union) is located in the territory of the country in question.

In any event, and as a general rule under the GDPR, the European Data Protection Committee holds an ultimate power to interpret any provision on a number of subject matters listed in Article 70 (including, for example, those related to profiling, notification of security breaches, international data transfers, or sanctions).

 

Stibbe, together with Chiomenti, Cuatrecasas, GIDE and Gleiss Lutz, have gathered this useful information, reflecting some common misconceptions about the implementation of the GDPR.

Team

Related news

05.11.2021 EU law
European Strategy for Data: short analyse of the proposed regulation of data governance (Data Governance Act)

Articles - On 25 November 2020, the European Commission published a proposal for a regulation on data governance  and a related Q&A. On 1st October 2021, the Council of the European Union agreed position on Data Governance Act. That will allow the Council presidency to start negotiations with the European Parliament. Both the Council and the European Parliament will need to agree on the final text. This blog briefly present the proposal of the European Commission.

Read more