1. Directive 95/46/EC is repealed with effect from 25 May 2018.
Article 94 GDPR - Repeal of Directive 95/46/EC
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 References to the repealed Directive shall be construed as references to this Regulation.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 Regulation.
Relevant Recitals
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Paragraph 1 repeals Directive 95/46/EC with effect from 25 May 2018, the same date from which the Regulation applies under Article 99(2). Paragraph 2 provides that references to the repealed Directive are to be construed as references to the Regulation.
Under the second sentence of paragraph 2, references to the Working Party established by Article 29 of Directive 95/46/EC are construed as references to the European Data Protection Board established by the Regulation, whose composition and tasks are set out in Articles 68 to 76.
No. Article 45(9) keeps adequacy decisions adopted under Article 25(6) of the Directive in force until amended, replaced or repealed, and Article 46(5) does the same for Commission decisions on standard contractual clauses adopted under Article 26(4) of the Directive and for authorisations granted by supervisory authorities.
Many Union and national instruments cite the Directive rather than the Regulation, and paragraph 2 keeps them operative by redirecting those citations. A notable example is Directive 2002/58/EC, whose references to Directive 95/46/EC, including its consent concept, now point to the corresponding provisions of the Regulation, such as Article 4(11) and Article 7.
No. The repeal took effect on 25 May 2018, the very day the Regulation began to apply under Article 99(2), so the two regimes succeeded each other without interruption.