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Article 94
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Repeal of Directive 95/46/EC

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(171) Directive 95/46/EC should be repealed by this Regulation. Processing already under way on the date of application of this Regulation should be brought into conformity with this Regulation within the period of two years after which this Regulation enters into force. Where processing is based on consent pursuant to Directive 95/46/EC, it is not necessary for the data subject to give his or her consent again if the manner in which the consent has been given is in line with the conditions of this Regulation, so as to allow the controller to continue such processing after the date of application of this Regulation. Commission decisions adopted and authorisations by supervisory authorities based on Directive 95/46/EC remain in force until amended, replaced or repealed.

There is no recital in the Directive related to article 94.

The GDPR

Logically, Article 94 repeals the Directive from the moment when the Regulation enters into force, that is 2 years after the 20th day following its publication in the Official Journal of the European Union. The Regulation does not affect the decisions of the Commission which were adopted on the basis of the Directive, and the permissions that have been granted by the supervisory authorities on the basis of Directive 95/46/EC.

The Directive

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Potential issues

We do not see a priori any specific implementation difficulties. 

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Regulation
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Art. 94

1.   Directive 95/46/EC is repealed with effect from 25 May 2018.

2.   References to the repealed Directive shall be construed as references to this Regulation. References to the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC shall be construed as references to the European Data Protection Board established by this Regulation.
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Art. 88

1. Directive 95/46/EC is repealed.

2. References to the repealed Directive shall be construed as references to this Regulation. References to the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC shall be construed as references to the European Data Protection Board established by this Regulation.
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Art. 88

1. Directive 95/46/EC is repealed.

2. References to the repealed Directive shall be construed as references to this Regulation. References to the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC shall be construed as references to the European Data Protection Board established by this Regulation.
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No specific provision
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