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Sorry, but ICO stands for "Information Commissioner Office", and they seem to be UK organization, having .uk domain and all that. How can they recommend anythin

Sorry, but ICO stands for "Information Commissioner Office", and they seem to be UK organization, having .uk domain and all that. How can they recommend anything with regard to EU-wide law? Or, stating differently, how their recommendation hold any value at all?

Silhouette 9y ago
The ICO is the government regulator responsible for data protection in the UK, and as such the people who are going to be enforcing the GDPR here.
sharkdaysunrise 9y ago
"The EU" doesn't enforce the GDPR, the Supervisory Authorities in each member state (like the ICO) enforce the GDPR. The member states have agreed to abide by the GDPR, but their own specific data protection laws are allowed have slight variations, e.g. the specific age limit defining minor vs. adult.
kenbaylor 9y ago
Each country will have a Data Protection Authority (DPA) which is the regulator in the country. The ICO is the one in the UK. The last letter of the GDPR is Regulation. A regulation is very different than than a Directive (the pre-GDPR law is based on a directive). There is very little wiggle-room with a Regulation, even between countries. The ICO also works with other DPAs currently as part of Working Party 29, which ensures the DPAs are working in Sync. So the ICO advice is worthy of close study, especially if your local DPA (assuming you have one) has not commented or given guidance on a certain matter.
- barrkel 9y ago
  To add, the difference between directive and regulation is in Article 288 of the TFEU: To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
  - arrrg 9y ago
    Basically, a regulation is like a law. It’s directly binding as law. A directive is something member states have to implement themselves, probably also by passing a law using their own national process for doing so. As such there can be (greater) differences in the different national implementations of the directives.
chasb 9y ago
The ICO is seen as a leading voice, with some very good guidance, e.g.: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/ https://ico.org.uk/for-organisations/guide-to-the-general-da... They're widely respected, but you're right it remains to be seen whether UK and EU enforcement will diverge.

Silhouette 9y ago

The ICO is the government regulator responsible for data protection in the UK, and as such the people who are going to be enforcing the GDPR here.

sharkdaysunrise 9y ago

"The EU" doesn't enforce the GDPR, the Supervisory Authorities in each member state (like the ICO) enforce the GDPR. The member states have agreed to abide by the GDPR, but their own specific data protection laws are allowed have slight variations, e.g. the specific age limit defining minor vs. adult.

kenbaylor 9y ago

Each country will have a Data Protection Authority (DPA) which is the regulator in the country. The ICO is the one in the UK. The last letter of the GDPR is Regulation. A regulation is very different than than a Directive (the pre-GDPR law is based on a directive). There is very little wiggle-room with a Regulation, even between countries. The ICO also works with other DPAs currently as part of Working Party 29, which ensures the DPAs are working in Sync. So the ICO advice is worthy of close study, especially if your local DPA (assuming you have one) has not commented or given guidance on a certain matter.

barrkel 9y ago
To add, the difference between directive and regulation is in Article 288 of the TFEU: To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
- arrrg 9y ago
  Basically, a regulation is like a law. It’s directly binding as law. A directive is something member states have to implement themselves, probably also by passing a law using their own national process for doing so. As such there can be (greater) differences in the different national implementations of the directives.

chasb 9y ago

The ICO is seen as a leading voice, with some very good guidance, e.g.: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/ https://ico.org.uk/for-organisations/guide-to-the-general-da... They're widely respected, but you're right it remains to be seen whether UK and EU enforcement will diverge.