"Specific" Data Protection Laws Adopted Under Article 6.3 GDPR: Key Points On Their Drafting

In addition to the GDPR and national framework laws on the protection of personal data, many specific national laws impose or regulate certain data processing operations by public and private entities. These laws constitute the "legal basis" for processing within the meaning of the GDPR. Despite their abundance and the important source of obligations, rights and information they represent, there is little discussion of how they should be drawn up. Yet these laws must meet strict requirements. Drafting them often involves a delicate balancing act between, on the one hand, safeguarding the objectives of the GDPR and legal certainty and, on the other, the need to produce laws that are durable and sufficiently flexible. The quality of the drafting will be decisive for the subsequent implementation of the processing operations provided for therein.