The (Draft) General Data Protection Regulation being a Regulation it not only aims at fully harmonizing the field of law it covers (as some Directives do) but would achieve that goal by simply being the (only) directly applicable law as far as its reach goes. Plus the Commission’s “empowerment to adopt delegated acts”, of course, which is a rather intriguing idea from a democracy point of view. But that’s another story.
One of the very few areas where the member states are given a certain amount of legislative leeway is set forth in Art. 82 of the Draft Regulation. Continue reading