(9)In accordance with Articles 2 and 2a of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not bound by the rules laid down in Directive (EU) 2016/680, and hence this Implementing Decision, 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. However, given that Directive (EU) 2016/680 builds upon the Schengen acquis, Denmark, in accordance with Article 4 of that Protocol, notified on 26 October 2016 its decision to implement Directive (EU) 2016/680. Denmark is therefore bound under international law to implement this Decision.
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