L 119/104
EN
Official Journal of the European Union
4.5.2016
systems established pursuant to the Treaties, should remain unaffected, such as, for example, the specific
provisions concerning the protection of personal data applied pursuant to Council Decision 2008/615/JHA (1), or
Article 23 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the
European Union (2). Since Article 8 of the Charter and Article 16 TFEU require that the fundamental right to the
protection of personal data be ensured in a consistent manner throughout the Union, the Commission should
evaluate the situation with regard to the relationship between this Directive and the acts adopted prior to the date
of adoption of this Directive regulating the processing of personal data between Member States or the access of
designated authorities of Member States to information systems established pursuant to the Treaties, in order to
assess the need for alignment of those specific provisions with this Directive. Where appropriate, the Commission
should make proposals with a view to ensuring consistent legal rules relating to the processing of personal data.
(95)
In order to ensure a comprehensive and consistent protection of personal data in the Union, international
agreements which were concluded by Member States prior to the date of entry into force of this Directive and
which comply with the relevant Union law applicable prior to that date should remain in force until amended,
replaced or revoked.
(96)
Member States should be allowed a period of not more than two years from the date of entry into force of this
Directive to transpose it. Processing already under way on that date should be brought into conformity with this
Directive within the period of two years after which this Directive enters into force. However, where such
processing complies with the Union law applicable prior to the date of entry into force of this Directive, the
requirements of this Directive concerning the prior consultation of the supervisory authority should not apply to
the processing operations already under way on that date given that those requirements, by their very nature, are
to be met prior to the processing. Where Member States use the longer implementation period expiring seven
years after the date of entry into force of this Directive for meeting the logging obligations for automated
processing systems set up prior to that date, the controller or the processor should have in place effective
methods for demonstrating the lawfulness of the data processing, for enabling self-monitoring and for ensuring
data integrity and data security, such as logs or other forms of records.
(97)
This Directive is without prejudice to the rules on combating the sexual abuse and sexual exploitation of children
and child pornography as laid down in Directive 2011/93/EU of the European Parliament and of the Council (3).
(98)
Framework Decision 2008/977/JHA should therefore be repealed.
(99)
In accordance with Article 6a of Protocol No 21 on the position of the United Kingdom and Ireland in respect of
the area of freedom, security and justice, as annexed to the TEU and to the TFEU, the United Kingdom and
Ireland are not bound by the rules laid down in this Directive which relate to the processing of personal data by
the Member States when carrying out activities which fall within the scope of Chapter 4 or Chapter 5 of Title V
of Part Three of the TFEU where the United Kingdom and Ireland are not bound by the rules governing the
forms of judicial cooperation in criminal matters or police cooperation which require compliance with the
provisions laid down on the basis of Article 16 TFEU.
(100) In accordance with Articles 2 and 2a of Protocol No 22 on the position of Denmark, as annexed to the TEU and
to the TFEU, Denmark is not bound by the rules laid down in this Directive or subject to their application which
relate to the processing of personal data by the Member States when carrying out activities which fall within the
scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU. Given that this Directive builds upon the
Schengen acquis, under Title V of Part Three of the TFEU, Denmark, in accordance with Article 4 of that Protocol,
is to decide within six months after adoption of this Directive whether it will implement it in its national law.
(101) As regards Iceland and Norway, this Directive constitutes a development of provisions of the Schengen acquis, as
provided for by the Agreement concluded by the Council of the European Union and the Republic of Iceland and
the Kingdom of Norway concerning the association of those two States with the implementation, application and
development of the Schengen acquis (4).
(1) Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism
and cross-border crime (OJ L 210, 6.8.2008, p. 1).
(2) Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual
Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 1).
(3) Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual
exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
(4) OJ L 176, 10.7.1999, p. 36.
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