Article 91
Existing data protection rules of churches and religious associations

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(165) This Regulation respects and does not prejudice the status under existing constitutional law of churches and religious associations or communities in the Member States, as recognised in Article 17 TFEU.

There is no recital in the Directive related to article 91.

The GDPR

The Regulation takes account of the fact that some Member States have adopted specific rules for the processing of data carried out by churches, associations or religious communities. In view of this, Article 96 allows churches and religious associations or communities to continue to apply the rules on data protection, provided that these rules are brought into line with the provisions of the Regulation.

Churches and religious communities or associations can also be subordinated to a specific supervisory authority, provided that said authority meets the conditions listed in Chapter VI of the Regulation on the independent supervisory authorities (independence, tasks and powers, professional secrecy, reports of activity...).

The Directive

The Directive included no similar provision.

Netherlands

Uit de MvT bij de Concept-uitvoeringswet AVG (GDPR):

Er is geen behoefte om gebruik te maken van de ruimte die deze bepaling aan het lidstatelijk recht biedt.

Potential issues

We do not see a priori any specific implementation difficulty.

Regulation
1e 2e

Art. 91

1.   Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of natural persons with regard to processing, such rules may continue to apply, provided that they are brought into line with this Regulation.

2.   Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 of this Article shall be subject to the supervision of an independent supervisory authority, which may be specific, provided that it fulfils the conditions laid down in Chapter VI of this Regulation.

1st proposal close

Art. 85

1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of individuals with regard to the processing of personal data, such rules may continue to apply, provided that they are brought in line with the provisions of this Regulation.

2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall provide for the establishment of an independent supervisory authority in accordance with Chapter VI of this Regulation.

2nd proposal close

Art. 85

1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of individuals with regard to the processing of personal data, such rules may continue to apply, provided that they are brought in line with the provisions of this Regulation.

2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1, shall be subject to the control of an independent supervisory authority which may be specific, provided that it fulfils the conditions laid down in Chapter VI of this Regulation.

Directive close

No specific provision

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