The security of personal data under the GDPR: a harmonized duty or a shared responsibility?

Abstract

... The GDPR strengthens the position of the data subject in particular by harmonizing the protection of personal data. The Regulation replaces European Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [1995] OJ L281/31 (‘Data Protection Directive’) and its national implementations.6 Many rules of the Directive are also included in the GDPR. However, differences in the application and implementation have created legal uncertainty and different levels of protection. The directly applicable Regulation has been adopted to remove these differences.7 Nevertheless, several authors state that the Regulation does not lead to an effective harmonization of the protection of personal data.8 Their criticism is primarily aimed at the content of the GDPR. In this article, I will show that the material scope is also lacking.

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