GDPR Article 94: Repeal of Directive 95/46/EC

Article 94: The Facts

This brief article repeals the 1995 Data Protection Directive. Article 94 consists of two clauses.

  1. Directive 95/46/EC is repealed with effect from 25 May 2018.
  2. References to the repealed Directive shall be construed as references to this Regulation. References to the Working
    Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of
    Directive 95/46/EC shall be construed as references to the European Data Protection Board established by this

The old Data Protection Directive 95/46/EC came into effect on 24-Oct-1995 and regulated the processing of personal data within the European Union. It was an important piece of privacy legislation, and to some extent it was a forerunner of the GDPR. To quote the original legislation,

It sets up a regulatory framework which seeks to strike a balance between a high level of protection for the privacy of individuals and the free movement of personal data within the European Union (EU). To do so, the Directive sets strict limits on the collection and use of personal data and demands that each Member State set up an independent national body responsible for the supervision of any activity linked to the processing of personal data.

Such national bodies would include the ICO in the UK.

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