Abstract
The European Union's General Data Protection Regulation (GDPR) was originally conceived as a means of fully harmonizing data protection law across the territory of the European Union. As a regulation, the GDPR has direct and uniform effect in member state law without the need for member states to adopt national implementing laws. However, as the European Court of Justice (ECJ) acknowledged in its well-known 2021 Facebook Ireland judgment, the GDPR as finally adopted contains a number of optional provisions that allow member states a margin of discretion to limit or expand its scope.
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