What is the difference between AVG and GDPR?

In the communication about the new privacy legislation that will apply from 25 May 2018, the abbreviations AVG and GDPR are sometimes used together and sometimes separately from each other. This can create uncertainty. Are we dealing with one or two new privacy laws? Fortunately it only concerns one new privacy law. A point of attention is that on some points the privacy rules may differ per country within the European Union.

What is GDPR?

GDPR stands for General Data Protection Regulation, and is the English abbreviation for the AVG(the Dutch abbreviation). The AVG stands for General Data Protection Regulation. So GDPR is AVG and AVG is GDPR.

GDPR, and thereby also AVG, is a European law that will apply from 25 May 2018. The new privacy law is intended to modernize existing privacy legislation within Europe. The existing privacy legislation is based on a European “Directive” and has been introduced differently in the local legislation per country. The new privacy law will become generally applicable in all countries of the European Union. The intention is that as a result the same privacy rules will apply within Europe as much as possible.

On which points can the privacy rules differ per country within the European Union?

These are the main points on which the privacy rules can differ per country within the European Union under the new European privacy law:

  • Specific exceptions to be allowed to process special personal data.
  • The “limitations” of the rights of the persons involved, such as when retrieving data in the context of national security.
  • What age limit is used for the concept of “children” when requesting permission (checking whether the parents or guardians have given it) in an online context.
  • Exceptions for journalism.

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