In the European Union we have: Directives and Regulations. What is the difference between them?
A.
The regulation provides guidance for EU Member States and they can create their own laws to conform to the regulation. A directive has the force of law and all EU Member States must follow it without changing it.
B.
The directive provides guidance for EU member states and they can create their own laws to suit the directive. A regulation has the force of law and all EU Member States must follow it without changing it.
The Answer Is:
B
This question includes an explanation.
Explanation:
When we have a Regulation, such as the GDPR, all EU member states are obliged to follow it and have a fixed date for entry into force. The regulation is a law and Member States cannot create laws that oppose it. Unlike the Directives that set objectives to be achieved, however, each Member State is free to decide how to apply them in its country.
Important
Prior to the GDPR, there was the “95/46 / EC First Data Protection Directive (European DP)”. Approved in 1995, it was already aimed to protect personal data. This directive was replaced by the GDPR.
“Article 94: 1. Directive 95/46 / EC is repealed with effect from 25 May 2018.”
In the EXIN PDPF exam this is a question that is routinely asked. “What directive has been replaced by GDPR?” Answer: 95/46 / EC.
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