Article 99 GDPR

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Article 99 - Entry into force and application
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Chapter 10: Delegated and implementing acts

Legal Text


Article 99 - Entry into force and application

1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2. It shall apply from 25 May 2018.

Relevant Recitals

There is no relevant recital for Article 99 GDPR.

Commentary

Article 99(1) stipulates that the GDPR will enter into force on the 20th day after its publication in the Official Journal of the EU (following the basic rule provided for in Article 297(1) TFEU). As it was published in the Official Gazette on 4.5.2016, the Regulation entered into force on May 24, 2016.

Article 99(2) states that the GDPR shall apply from 25.5.2018. This time gap between the GDPR entry into force (24.5.2016) and its full applicability created a two-year transition period during which both controllers and supervisory authorities had the opportunity to adapt to the new rules. Also the Member States had time to align their national laws to the new requirements.[1]

However, other more substantial effects occurred in the transition period. For churches and religious associations or communities, for example, rules issued up to this point could continue to apply, provided they were adapted to the requirements of the GDPR (See Article 91 in this Commentary). In addition, the Commission had already been able to issue delegated acts in accordance with Article 92. Furthermore, the Regulation was already the benchmark for assessing international transfer agreements concluded after the 24 May 2016 (Article 96).

Decisions

→ You can find all related decisions in Category:Article 99 GDPR

References

  1. Kühling and Raab, in Kühling/Buchner, DS-GVO BDSG, Article 99 GDPR, margin number 4 (Beck 2020, 3rd ed.) (accessed 13.8.2021)