Option B: That it takes the form of a Regulation as opposed to a Directive is the correct answer.
Regulation vs. Directive: A Regulation, like the GDPR, is directly applicable and enforceable in all EU member states without needing to be transposed into national law. This means that the GDPR provides a uniform set of rules that apply across the entire EU, ensuring consistency. In contrast, a Directive sets out goals that all EU countries must achieve, but it allows them to devise their own laws on how to reach these goals, which can lead to variations in implementation.
Regards option A, One-Stop Shop Mechanism allows companies to deal with a single lead supervisory authority in the EU, simplifying regulatory oversight. While it aids in consistency, it is not as fundamental as the Regulation
B. That it takes the form of a Regulation as opposed to a Directive
Regulations are directly applicable and enforceable in all EU member states without the need for national implementing legislation, ensuring a more uniform and consistent application of the law across the entire EU. In contrast, Directives require transposition into national law, which can lead to variations in implementation and enforcement.
The answer is B. One of the "failures" of the Directive and Convention 108 was that it wasn't implemented consistently throughout the member states, but the GDPR being a Regulation allows synchronization on the approach to data protection.
One-stop shop is only appliable for identifying the lead supervisory authority in case of multi country operation/data transfer. Correct answer is B.
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