1. E-VOLUTION OF DATA PROTECTION (IMPLEMENTATION OF DATA PROTECTION REFORM) Developments and Challenges in EU Privacy Law Aspects from a German Perspective CONFERENCE, September 2017, Tartu, Estonia
Brandenburg State Commissioner for Data Protection and Access to Information
Stahnsdorfer Damm 77, Kleinmachnow, GERMANY
Tel: , Fax:
Internet:

2. Article 99 GDPR Entry into Force and Application
Preparation works to be done until May 25th 2018 when the GDPR will apply:
Regulations by national lawmakers
2. Implementation of various new procedures
Example: Article 42 GDPR:
develop mechanisms for the accreditation of certification bodies
draft criteria for certifications
LDA Brandenburg

3. Article 99 GDPR Entry into Force and Application
3. Interpretation and understanding of the GDPR provisions
Guidelines by
European Data Protection Board – EDPB (Article 70 GDPR)
Article 29 Working Party
Preliminary “short papers” by the German supervisory authorities
LDA Brandenburg

4. Article 99 GDPR Entry into Force and Application
CONCLUSION
Nearly impossible for controllers and processors to fully implement the GDPR by May 25th 2018
A second – short – transition period is needed
During this second transition period infringements should not automatically lead to sanctions
Focus on other regulatory tools, especially on advice
LDA Brandenburg

5. Article 83 GDPR General Conditions for Imposing Administrative Fines
GDPR focusses on a consistent and high level protection of personal data which requires equivalent sanctions for infringements in the Member States
Options:
establish an EU-wide comparability in the level of sanctions
develop a joint schedule of fines
fix minimum fines
Obstacles:
economic, social and cultural diversity between member states
circumstances of the specific case
LDA Brandenburg

6. Article 83 GDPR General Conditions for Imposing Administrative Fines
CONCLUSION
Adopt a list with firm penalties is not possible.
The equitable application of the GDPR does not demand a complete levelling.
Instead: Achieve a system of sanctions taking into account
specific circumstances of data controllers and processors
specific circumstances of the Member States (e.g.: economic, social, cultural)
LDA Brandenburg