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165

GDPR - Pocket Edition

Chapter XI

Final provisions

Article 94

Repeal of Directive 95/46/EC

1.

Directive 95/46/EC is repealed with effect from 25 May 2018.

2.

References to the repealed Directive shall be construed as references to this

Regulation. References to theWorking Party on the Protection of Individuals

with regard to the Processing of Personal Data established by Article 29 of

Directive 95/46/EC shall be construed as references to the European Data

Protection Board established by this Regulation.

Article 95

Relationship with Directive 2002/58/EC

This Regulation shall not impose additional obligations on natural or legal

persons in relation to processing in connection with the provision of publicly

available electronic communications services in public communication

networks in the Union in relation tomatters for which they are subject to specific

obligations with the same objective set out in Directive 2002/58/EC.

Article 96

Relationship with previously concluded Agreements

International agreements involving the transfer of personal data to third

countries or international organisations which were concluded by Member

States prior to 24 May 2016, and which comply with Union law as applicable

prior to that date, shall remain in force until amended, replaced or revoked.

Article 97

Commission reports

1.

By 25May 2020 and every four years thereafter, the Commission shall submit

a report on the evaluation and review of this Regulation to the European

Parliament and to the Council. The reports shall be made public.

2.

In the context of the evaluations and reviews referred to in paragraph 1, the

Commission shall examine, in particular, the application and functioning of:

(a) Chapter V on the transfer of personal data to third countries or

international organisations with particular regard to decisions adopted

pursuant to Article 45(3) of this Regulation and decisions adopted on

the basis of Article 25(6) of Directive 95/46/EC;

(b) Chapter VII on cooperation and consistency.

3.

For the purpose of paragraph 1, the Commission may request information

from Member States and supervisory authorities.

4.

In carrying out the evaluations and reviews referred to in paragraphs 1 and

2, the Commission shall take into account the positions and findings of