EU: only 4 out of 28 EU Member states are ready for the GDPR

2B Advice
You cannot read a newspaper these days without an article about how unprepared most of the companies are concerning the GDPR. But what about the EU member states? Did they do their homework and prepare for the 25th of May 2018 accordingly?

The European regulation 2016/679 – General Data Protection Regulation (GDPR) entered into force in May 2016 and is going to be applicable as of 25th of May 2018. The aim of the regulation is the protection of natural persons for what concerns the processing of personal data. The two years between 2016 and 2018 can be considered as the “preparation” period. During the 2 years period the EU member states had the task to adapt their local data protection legislation to the GDPR requirements. The idea behind the GDPR was to create a single data protection regulation accepted, implemented and followed by all the EU member states.

According to the last statement made by the European Commissioner for Justice Vera Jourova, the current situation does not seem so promising. According to her, only 4 EU member states (Austria, Germany, Slovakia and Sweden) out of 28 have adopted a national data protection legislation with regard to the GDPR.

The European commission is in an open dialog with the Member states to guarantee that they will be ready by the 25th. The implementation of national data protection regulations will be crucial to identify whether businesses will have to deal with a variety of country specific requirements or if they can organize and structure their approach towards Data Protection according to the requirements of the GDPR only.

Supervisory authorities are currently waiting for the respective governments to update the national legislation and companies should also keep an eye on that topic. In the meantime especially groups of companies with offices in several European Countries should try to prepare for those requirements of the GDPR for which the Member States have no possibility to create different rules. Needless to say, that it is hard for companies to prepare for the GDPR if not all of the applicable requirements in the Member states are known, yet. Insofar it seems a little bit unfair to put the pressure on the companies when at the same time not all of the national requirements are defined by now.

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