The Commission shall, if appropriate, submit legislative proposals with a view to amending other Union legal acts on the protection of personal data, in order to ensure uniform and consistent protection of natural persons with regard to processing. This shall in particular concern the rules relating to the protection of natural persons with regard to processing by Union institutions, bodies, offices and agencies and on the free movement of such data.
Article 98 GDPR - Review of other Union legal acts on data protection
Relevant Recitals
No relevant recitals listed.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
It directs the Commission, if appropriate, to submit legislative proposals to amend other Union legal acts on the protection of personal data, in order to ensure uniform and consistent protection of natural persons with regard to processing. The aim is to align the wider Union acquis with the standard set by the Regulation.
Its second sentence points in particular to the rules on the protection of natural persons with regard to processing by Union institutions, bodies, offices and agencies and on the free movement of such data, at the time Regulation (EC) No 45/2001, whose adaptation Recital 17 expressly calls for.
No. Article 2(3) keeps processing by Union institutions, bodies, offices and agencies under Regulation (EC) No 45/2001 and provides that this act and other Union legal acts applicable to such processing shall be adapted to the principles and rules of the Regulation in accordance with Article 98.
The words if appropriate leave the Commission a margin of judgement on whether a proposal is needed, but where it acts the objective is fixed, namely uniform and consistent protection. Article 2(3) reinforces the expectation of adaptation for the institutions' regime in particular.
Recital 173 states that Directive 2002/58/EC should be reviewed once the Regulation is adopted in order to ensure consistency with it, and Article 98 supplies the legal vehicle for such a proposal. Until that review results in new legislation, Article 95 governs the coexistence of the two instruments.