Article 94 of the GDPR: Repeal of Directive 95/46/EC
Article 94 of the GDPR explained
Article 94 states that:
- Directive 95/46/EC is repealed as of May 25, 2018, the date of entry into application of the GDPR.
- References made to this directive in other texts should be understood as made to the GDPR.
This means that the GDPR completely replaces the old legislation, while maintaining a certain continuity in the fundamental principles of personal data protection.
Why is this article important for your GDPR compliance?
This article definitively closes the old legal regime based on Directive 95/46/EC and marks the transition to a unified framework directly applicable in all Member States. It reminds you that any documentation or legal reference must now align exclusively with the GDPR.
How to comply with Article 94 of the GDPR?
- Check that your internal documents, contracts, privacy policies and legal notices no longer refer to Directive 95/46/EC.
- Update all your legal and communications materials to align them with GDPR.
- Adopt regulatory monitoring to no longer refer to repealed standards.
Examples of application of Article 94 of the GDPR
- A company must update its general conditions of sale if they still mention Directive 95/46/EC.
- A service provider must adapt its contractual models to refer to GDPR only.
- A website reviews its legal notices and confidentiality policies in light of GDPR obligations.
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