Key Data Protection legislative frameworks applicable from 25 May 2018
The Data Protection Commission (DPC) derives its regulatory authority to protect individuals’ data protection rights from a number of legislative frameworks. From 25 May 2018 the key legislative frameworks in Ireland are
- the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)
- Data Protection Act 2018
- the “Law Enforcement Directive” (Directive (EU) 2016/680) which has been transposed into Irish law by way of the Data Protection Act 2018
- the Data Protection Acts 1988 and 2003
- the 2011 “e-Privacy Regulations” ( No. 336 of 2011– the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011)
In Ireland, the national law, which, amongst other things, gives further effect to the GDPR, is the Data Protection Act 2018.
However, in some instances, depending on the nature and circumstances of the personal data processing, the type of personal data being processed, or when the data protection issue occurred, the GDPR will not apply and instead another legal framework concerning the regulation of the processing of personal data may apply.
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