GDPR: Government consulting on derogations | DMA

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GDPR: Government consulting on derogations


The General Data Protection Regulation (GDPR) will be enforced from May 2018 and is now well into the implementation period.

EU member states are able to vary aspects of the GDPR even though it is a Regulation, designed to harmonise data protection law. These parts that can be varied are known as derogations.

The Department of Culture, Media and Sport (DCMS) who run the consultation said: “The UK pressed hard throughout negotiations to ensure that the GDPR does not place unnecessary burdens on business. There are also derogations (exemptions) within the GDPR where the UK can exercise discretion over how certain provisions will apply.”

An example of a derogation in the GDPR is the age of consent for children, which can be set between 13-16 years old. It is up to a member state to decide and this consultation will address these questions.

You can view the full document here.

Send any comments you may have to DMA external affairs manager, Zach Thornton, via email at:

The deadline for responding to the consultation is 10 May 2017.

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