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Chapter 17: Issues subject to national law – Unlocking the EU General Data Protection Regulation

Why does this topic matter to organisations? Although a key aim of the GDPR is to harmonise data protection law across the EU, there are a number of areas in which the GDPR leaves it to Member States to adopt their own...more

Chapter 14: Data Protection Authorities – Unlocking the EU General Data Protection Regulation

Why does this topic matter to organisations? National Data Protection Authorities ("DPAs") are appointed to implement and enforce data protection law, and to offer guidance. As set out in Chapter 16, DPAs have significant...more

Chapter 12: Impact Assessments, DPOs and Codes of Conduct – Unlocking the EU General Data Protection Regulation

Why does this topic matter to organisations? A significant aspect of complying with EU data protection law is demonstrating compliance—making it evident to DPAs that an organisation is meeting its obligations. Three of the...more

Chapter 11: Obligations of processors – Unlocking the EU General Data Protection Regulation

Why does this topic matter to organisations? Under the GDPR, the concept of a "processor" has not changed. Any entity that was a processor under the Directive likely continues to be a processor under the GDPR. However,...more

Chapter 10: Obligations of controllers – Unlocking the EU General Data Protection Regulation

Why does this topic matter to organisations? Each time an organisation processes personal data, it will do so as either a controller or a processor. These roles bear different responsibilities. Therefore, it is critically...more

Chapter 8: Consent – Unlocking the EU General Data Protection Regulation

Why does this topic matter to organisations? Processing of personal data is lawful only if, and to the extent that, it is permitted under EU data protection law. Each and every data processing activity requires a lawful...more

Chapter 7: Lawful basis for processing – Unlocking the EU General Data Protection Regulation

Why does this topic matter to organisations? Processing of personal data is lawful only if, and to the extent that, it is permitted under EU data protection law. If the controller does not have a lawful basis for a given...more

Chapter 4: Territorial application – Unlocking the EU General Data Protection Regulation

Why does this topic matter to organisations? The GDPR does not necessarily apply to every organisation in the world. It applies to all organisations that are established in the EU. However, for organisations established...more

Chapter 3: Subject matter and scope – Unlocking the EU General Data Protection Regulation

Why does this topic matter to organisations? Understanding the subject matter and the scope of EU data protection law is fundamental to determining whether this law applies to an organisation’s business activities. In...more

Chapter 1: Introduction – Unlocking the EU General Data Protection Regulation

Directive 95/46/EC - Prior to the GDPR, the EU's data protection regime was governed by the Directive. The Directive (as with all EU Directives) did not apply automatically, and had to be transposed into the national laws...more

Websites must remain accessible when rejecting tracking cookies – Dutch Data Protection Authority

The Dutch Data Protection Authority (the "Dutch DPA") has issued guidance stating that so-called "cookie walls" are not compliant with the General Data Protection Regulation (the "GDPR"). The guidance is not legally binding,...more

Chapter 5: Key definitions – Unlocking the EU General Data Protection Regulation (Updated)

Why does this topic matter to organisations? The defined terms set out in this Chapter are of critical importance to understanding how EU data protection law applies to an organisation. For example, the question of whether...more

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