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GDPR and local legilslation

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Guest user Created:   Dec 03, 2019 Last commented:   Dec 03, 2019

GDPR and local legilslation

Do state authorities have to comply with GDPR? Are there any restrictions?

How does the GDPR compare to the national laws?

Which will prevail in a conflict between GDPR and national laws?

Does an IP constitutes personal data?

Can you please provide an example on what automated decision making means?

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EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

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Andrei Hanganu Dec 03, 2019

Do state authorities have to comply with GDPR? Are there any restrictions?

Yes, the state authorities have to comply with the GDPR as well there is no distinction except for authorities operating  in the field of national security.

How does the GDPR compare to the national laws?

One restriction that applies to public authorities is the fact that they cannot use legitimate interest as a lawful ground for processing.

Which will prevail in a conflict between GDPR and national laws?

The EU GDPR is what is called in legal terms “lex generali” so is applicable to all Member States but if there is a conflict between a specialized local law such as  Tax Law, Criminal Code etc. the specialized law prevails.

Does an IP constitutes personal data?

The IP is personal data as it can be linked to a specific household or even a specific person. If you want to find out more about what constitutes personal data check out this EU GDPR Foundations Course (https://advisera.com/training/eu-gdpr-foundations-course//).

Can you please provide an example on what automated decision making means?

One classic example of automated decision making is the use of credit scoring software by banks. The software gives a scoring based on factors such as age, workplace, studies etc. without the need of human intervention.

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Dec 03, 2019

Dec 03, 2019

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