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RGPD

Article 91

Existing data protection rules of churches and religious associations

1.   Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of natural persons with regard to processing, such rules may continue to apply, provided that they are brought into line with this Regulation.

2.   Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 of this Article shall be subject to the supervision of an independent supervisory authority, which may be specific, provided that it fullfils the conditions laid down in Chapter VI of this Regulation

Common Questions

Frequently Asked Questions

Can a church or religious association keep its own data protection rules under the GDPR?

Yes, under the conditions in Article 91. If a church, religious association or community in a Member State was already applying comprehensive rules on the protection of natural persons with regard to processing at the time this Regulation entered into force, those rules may continue to apply.

The condition is that the rules are brought into line with this Regulation. Article 91 preserves existing frameworks, it does not create a way around the GDPR.

Who supervises churches and religious associations that apply their own rules?
They are subject to the supervision of an independent supervisory authority. That authority may be a specific one, provided it fulfils the conditions laid down in Chapter VI of this Regulation. So keeping comprehensive rules of their own does not remove supervision, it only allows the supervising authority to be a dedicated one.
Does Article 91 exempt churches from the GDPR?
No. It only allows comprehensive rules that already existed when the Regulation entered into force to continue, and only provided they are brought into line with this Regulation. Churches applying such rules also remain under the supervision of an independent supervisory authority, so they stay within the Regulation's supervisory framework.
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