Plain Spoken GDPR – Chapter 11 or The Final Solution

Anonyous Charlie Chaplin
Anonyous Charlie Chaplin

Chapter 11 – Final Provisions

Here it is the final chapter. And with a title like ‘Final Provisions’ we know with absolute certainty that European legal writers have absolutely no concept of story structure, foreshadowing or suspense.

Articles 94 and 99 are going to read like their boring titles would suggest. Last minute ideas that were shoehorned into legislation that is second to tax law for its ability to cure insomnia.

Article 94 – Repeal of Directive 95/46/EC

2 paragraphs. Does what it says on the tin. Repeals this 1995 directive on the processing and free movement of personal data.

Article 95 – Relationship with Directive 2002/58/EC

1 paragraph. Making clear that this regulation does not impose additional obligations on ‘Regular Joes’ in line with a 2002 directive looking at issues of data protection.

Article 96 – Relationship with Previously Concluded Agreements

1 paragraph. Old laws dealing with the transfer of data outside of the EU that are lawful before the implementation of GDPR will remain in force. I like the nod to ‘that are lawful’ sounds like a wee nook to get a hold of if you need to strike off some older legislation.

Article 97 – Commission Reports

5 paragraphs. Ooh, we have here something that ‘The Commission’ has to do. Only as often as the Olympics, but every four years they’ll pull together a public report on for the European Parliament and the Council. Doesn’t sound that bad of a job. I wonder if they are hiring.

Article 98 – Review of Other Union Legal Acts on Data Protection

1 paragraph. This speaks to my personal little autistic fella that lives in my brain. This is a whole clause dedicated to saying that they will clean up existing and future legislation in line with this regulation. I wonder how much use this article will actually get.

Article 99 – Entry into Force and Application

2 paragraphs. Did I say the authors didn’t know much about foreshadowing? I meant that they are blatant about when this regulation comes into effect: 25 May 2018. “BAM! Nobody expects the GDPR inquisition!” Carried out by surviving members of Monty Python is more my comfort level.

Thought of the Week

So there is this kind of obscure documentary film that is in a slew of languages (mainly German) that looks at the conception of GDPR in its run up to be voted into existence. Might suit some of the folks who’d read a blog such as this one.

Well, that’s the last time this week I’m going to have to talk about GDPR. While the regulation is done, I’m not. The plan is to over the next few weeks look at practical implementations of GDPR in relation to systems used by all of us. I’m starting next week with a look at MailChimp and how to migrate emails lists to GDPR compliance (or the best approximation we can get to it). It’s been real.

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Born into the wilds of mid-western America, Matthew has lived his life creating. The kind of kid that bought a tarp, some PVC pipe and a skate board; fashioned himself a windsurfing set-up and then saw an opportunity in a local tornado. "Sorry Mom." Undergraduate in Art and Design, Doctorate in Scottish History, Matthew came late to the realisation that if he's going to use his diverse skill set he'd have to employ himself.