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ART. 23 GDPR
Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and Continue reading Art. 23 GDPR – RestrictionsART. 13 GDPR
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of Continue reading Art. 13 GDPRART. 27 GDPR
Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union. The obligation laid down in paragraph 1 of this Article shall not apply to: processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) Continue reading Art. 27 GDPR – Representatives ofART. 36 GDPR
The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. 1Where the supervisory authority is of the opinion that the intended processing referred Continue reading Art. 36 GDPRART. 39 GDPR
The data protection officer shall have at least the following tasks: to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions; to monitor compliance with this Regulation, with other Union or Member Continue reading Art. 39 GDPR – Tasks ofART. 28 GDPR
Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. 1The processor shall Continue reading Art. 28 GDPRRECITAL 146
1The controller or processor should compensate any damage which a person may suffer as a result of processing that infringes this Regulation. 2The controller or processor should be exempt from liability if it proves that it is not in any way responsible for the damage. 3The concept of damage should be broadly interpreted in the Continue reading Recital 146 RECITAL 71 - PROFILING 1The data subject should have the right not to be subject to a decision, which may include a measure, evaluating personal aspects relating to him or her which is based solely on automated processing and which produces legal effects concerning him or her or similarly significantly affects him or her, such as automatic refusal of Continue reading Recital 71 RECITAL 18 - NOT APPLICABLE TO PERSONAL OR HOUSEHOLD 1This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. 2Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken Continue reading Recital 18 GENERAL DATA PROTECTION REGULATION (GDPR) Welcome to gdpr-info.eu. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018 as a neatly arranged website. All Articles of the GDPR are linked with suitable recitals. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states toART. 23 GDPR
Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and Continue reading Art. 23 GDPR – RestrictionsART. 13 GDPR
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of Continue reading Art. 13 GDPRART. 27 GDPR
Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union. The obligation laid down in paragraph 1 of this Article shall not apply to: processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) Continue reading Art. 27 GDPR – Representatives ofART. 36 GDPR
The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. 1Where the supervisory authority is of the opinion that the intended processing referred Continue reading Art. 36 GDPRART. 39 GDPR
The data protection officer shall have at least the following tasks: to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions; to monitor compliance with this Regulation, with other Union or Member Continue reading Art. 39 GDPR – Tasks ofART. 28 GDPR
Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. 1The processor shall Continue reading Art. 28 GDPRRECITAL 146
1The controller or processor should compensate any damage which a person may suffer as a result of processing that infringes this Regulation. 2The controller or processor should be exempt from liability if it proves that it is not in any way responsible for the damage. 3The concept of damage should be broadly interpreted in the Continue reading Recital 146 RECITAL 71 - PROFILING 1The data subject should have the right not to be subject to a decision, which may include a measure, evaluating personal aspects relating to him or her which is based solely on automated processing and which produces legal effects concerning him or her or similarly significantly affects him or her, such as automatic refusal of Continue reading Recital 71 RECITAL 18 - NOT APPLICABLE TO PERSONAL OR HOUSEHOLD 1This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. 2Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken Continue reading Recital 18ART. 13 GDPR
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of Continue reading Art. 13 GDPR RECORDS OF PROCESSING ACTIVITIES The General Data Protection Regulation obligates, as per Art. 30 of the GDPR, written documentation and overview of procedures by which personal data are processed.ART. 38 GDPR
The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to Continue reading Art. 38 GDPR – Position ofART. 44 GDPR
1Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for Continue reading Art. 44 GDPR – GeneralART. 28 GDPR
Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. 1The processor shall Continue reading Art. 28 GDPRART. 39 GDPR
The data protection officer shall have at least the following tasks: to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions; to monitor compliance with this Regulation, with other Union or Member Continue reading Art. 39 GDPR – Tasks ofART. 9 GDPR
Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.ART. 82 GDPR
Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. 1Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. 2A processor shall Continue reading Art. 82 GDPRRECITAL 162
1 Where personal data are processed for statistical purposes, this Regulation should apply to that processing. 2 Union or Member State law should, within the limits of this Regulation, determine statistical content, control of access, specifications for the processing of personal data for statistical purposes and appropriate measures to safeguard the rights and freedoms of the data subject and RECITAL 48 - OVERRIDING LEGITIMATE INTEREST WITHIN GROUP 1Controllers that are part of a group of undertakings or institutions affiliated to a central body may have a legitimate interest in transmitting personal data within the group of undertakings for internal administrative purposes, including the processing of clients’ or employees’ personal data. 2The general principles for the transfer of personal data, within a group Continue reading GENERAL DATA PROTECTION REGULATION (GDPR) Welcome to gdpr-info.eu. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018 as a neatly arranged website. All Articles of the GDPR are linked with suitable recitals. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states toART. 13 GDPR
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of Continue reading Art. 13 GDPRART. 23 GDPR
Art. 23 GDPR Restrictions. Restrictions. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligationsART. 44 GDPR
1Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for Continue reading Art. 44 GDPR – GeneralART. 36 GDPR
The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. 1Where the supervisory authority is of the opinion that the intended processing referred Continue reading Art. 36 GDPR RECORDS OF PROCESSING ACTIVITIES Records of Processing Activities. The General Data Protection Regulation obligates, as per Art. 30 of the GDPR, written documentation and overview of procedures by which personal data are processed. Records of processing activities must include significant information about data processing, including data categories, the group of data subjects RECITAL 71 - PROFILING 1The data subject should have the right not to be subject to a decision, which may include a measure, evaluating personal aspects relating to him or her which is based solely on automated processing and which produces legal effects concerning him or her or similarly significantly affects him or her, such as automatic refusal of Continue reading Recital 71RECITAL 146
Recital 146 Indemnity*. Indemnity*. 1 The controller or processor should compensate any damage which a person may suffer as a result of processing that infringes this Regulation. 2 The controller or processor should be exempt from liability if it proves that it is not in any way responsible for the damage. 3 The concept of damage shouldbe
RECITAL 18 - NOT APPLICABLE TO PERSONAL OR HOUSEHOLD 1This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. 2Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken Continue reading Recital 18RECITAL 157
1 By coupling information from registries, researchers can obtain new knowledge of great value with regard to widespread medical conditions such as cardiovascular disease, cancer and depression. 2 On the basis of registries, research results can be enhanced, as they draw on a larger population. 3 Within social science, research on the basis of registries enables researchers to obtain essential GENERAL DATA PROTECTION REGULATION (GDPR) Welcome to gdpr-info.eu. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018 as a neatly arranged website. All Articles of the GDPR are linked with suitable recitals. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states toART. 13 GDPR
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of Continue reading Art. 13 GDPRART. 23 GDPR
Art. 23 GDPR Restrictions. Restrictions. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligationsART. 44 GDPR
1Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for Continue reading Art. 44 GDPR – GeneralART. 36 GDPR
The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. 1Where the supervisory authority is of the opinion that the intended processing referred Continue reading Art. 36 GDPR RECORDS OF PROCESSING ACTIVITIES Records of Processing Activities. The General Data Protection Regulation obligates, as per Art. 30 of the GDPR, written documentation and overview of procedures by which personal data are processed. Records of processing activities must include significant information about data processing, including data categories, the group of data subjectsART. 23 GDPR
Art. 23 GDPR Restrictions. Restrictions. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligationsART. 38 GDPR
The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to Continue reading Art. 38 GDPR – Position ofART. 80 GDPR
The data subject shall have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of data subjects’ rights and freedoms with regard Continue reading Art. 80 GDPR – Representation ofART. 28 GDPR
Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. 1The processor shall Continue reading Art. 28 GDPRART. 9 GDPR
Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.ART. 26 GDPR
1Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. 2They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide Continue reading ArtART. 15 GDPR
The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: the purposes of the processing; the categories of personal data concerned; the recipients Continue reading Art. 15 GDPR – Right of access byART. 82 GDPR
Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. 1Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. 2A processor shall Continue reading Art. 82 GDPR RECITAL 18 - NOT APPLICABLE TO PERSONAL OR HOUSEHOLD 1This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. 2Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken Continue reading Recital 18RECITAL 162
1 Where personal data are processed for statistical purposes, this Regulation should apply to that processing. 2 Union or Member State law should, within the limits of this Regulation, determine statistical content, control of access, specifications for the processing of personal data for statistical purposes and appropriate measures to safeguard the rights and freedoms of the data subject and GENERAL DATA PROTECTION REGULATION (GDPR) Welcome to gdpr-info.eu. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018 as a neatly arranged website. All Articles of the GDPR are linked with suitable recitals. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states toART. 38 GDPR
The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to Continue reading Art. 38 GDPR – Position ofART. 39 GDPR
Art. 39 GDPR Tasks of the data protection officer. Tasks of the data protection officer. to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter. The data protectionofficer shall in
ART. 57 GDPR
Art. 57 GDPR Tasks. Tasks. Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: monitor and enforce the application of this Regulation; promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing.ART. 36 GDPR
The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. 1Where the supervisory authority is of the opinion that the intended processing referred Continue reading Art. 36 GDPRART. 27 GDPR
Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union. The obligation laid down in paragraph 1 of this Article shall not apply to: processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) Continue reading Art. 27 GDPR – Representatives of RECITAL 39 - PRINCIPLES OF DATA PROCESSING 1Any processing of personal data should be lawful and fair. 2It should be transparent to natural persons that personal data concerning them are collected, used, consulted or otherwise processed and to what extent the personal data are or will be processed. 3The principle of transparency requires that any information and communication relating to the processing Continue reading Recital 39ART. 83 GDPR
Each supervisory authority shall ensure that the imposition of administrative fines pursuant to this Article in respect of infringements of this Regulation referred to in paragraphs 4, 5 and 6 shall in each individual case be effective, proportionate and dissuasive. 1Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition Continuereading
RECITAL 67 - RESTRICTION OF PROCESSING Recital 67 Restriction of Processing*. Restriction of Processing*. 1 Methods by which to restrict the processing of personal data could include, inter alia, temporarily moving the selected data to another processing system, making the selected personal data unavailable to users, or temporarily removing published data from a website. 2 InART. 41 GDPR
Without prejudice to the tasks and powers of the competent supervisory authority under Articles 57 and 58, the monitoring of compliance with a code of conduct pursuant to Article 40 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited Continue reading Art. 41 GDPR – Monitoring of approved codes of conduct GENERAL DATA PROTECTION REGULATION (GDPR) Welcome to gdpr-info.eu. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018 as a neatly arranged website. All Articles of the GDPR are linked with suitable recitals. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states toART. 38 GDPR
The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to Continue reading Art. 38 GDPR – Position ofART. 39 GDPR
Art. 39 GDPR Tasks of the data protection officer. Tasks of the data protection officer. to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter. The data protectionofficer shall in
ART. 57 GDPR
Art. 57 GDPR Tasks. Tasks. Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: monitor and enforce the application of this Regulation; promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing.ART. 2 GDPR
This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. This Regulation does not apply to the processing of personal data: Continue reading Art. 2 GDPR– Material scope
ART. 23 GDPR
Art. 23 GDPR Restrictions. Restrictions. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations RECORDS OF PROCESSING ACTIVITIES Records of Processing Activities. The General Data Protection Regulation obligates, as per Art. 30 of the GDPR, written documentation and overview of procedures by which personal data are processed. Records of processing activities must include significant information about data processing, including data categories, the group of data subjectsART. 57 GDPR
Art. 57 GDPR Tasks. Tasks. Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: monitor and enforce the application of this Regulation; promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing.ART. 13 GDPR
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of Continue reading Art. 13 GDPRART. 28 GDPR
Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. 1The processor shall Continue reading Art. 28 GDPRART. 9 GDPR
Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.ART. 26 GDPR
1Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. 2They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide Continue reading ArtART. 5 GDPR
Personal data shall be: processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’); collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical researchART. 8 GDPR
1Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. 2Where the child is below the age of 16 years, such processing shall be Continue reading Art. 8 GDPR – Conditions applicable to child’s consent in relation to GENERAL DATA PROTECTION REGULATION (GDPR) Welcome to gdpr-info.eu. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018 as a neatly arranged website. All Articles of the GDPR are linked with suitable recitals. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states toART. 38 GDPR
The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to Continue reading Art. 38 GDPR – Position ofART. 39 GDPR
The data protection officer shall have at least the following tasks: to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions; to monitor compliance with this Regulation, with other Union or Member Continue reading Art. 39 GDPR – Tasks ofART. 36 GDPR
The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. 1Where the supervisory authority is of the opinion that the intended processing referred Continue reading Art. 36 GDPRART. 57 GDPR
Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: monitor and enforce the application of this Regulation; promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention; advise, in accordance withART. 27 GDPR
Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union. The obligation laid down in paragraph 1 of this Article shall not apply to: processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) Continue reading Art. 27 GDPR – Representatives of RECITAL 39 - PRINCIPLES OF DATA PROCESSING 1Any processing of personal data should be lawful and fair. 2It should be transparent to natural persons that personal data concerning them are collected, used, consulted or otherwise processed and to what extent the personal data are or will be processed. 3The principle of transparency requires that any information and communication relating to the processing Continue reading Recital 39ART. 83 GDPR
Each supervisory authority shall ensure that the imposition of administrative fines pursuant to this Article in respect of infringements of this Regulation referred to in paragraphs 4, 5 and 6 shall in each individual case be effective, proportionate and dissuasive. 1Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition Continuereading
RECITAL 67 - RESTRICTION OF PROCESSING 1 Methods by which to restrict the processing of personal data could include, inter alia, temporarily moving the selected data to another processing system, making the selected personal data unavailable to users, or temporarily removing published data from a website. 2 In automated filing systems, the restriction of processing should in principle be ensured by technical means in such a mannerART. 41 GDPR
Without prejudice to the tasks and powers of the competent supervisory authority under Articles 57 and 58, the monitoring of compliance with a code of conduct pursuant to Article 40 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited Continue reading Art. 41 GDPR – Monitoring of approved codes of conduct GENERAL DATA PROTECTION REGULATION (GDPR) Welcome to gdpr-info.eu. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018 as a neatly arranged website. All Articles of the GDPR are linked with suitable recitals. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states toART. 38 GDPR
The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to Continue reading Art. 38 GDPR – Position ofART. 39 GDPR
The data protection officer shall have at least the following tasks: to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions; to monitor compliance with this Regulation, with other Union or Member Continue reading Art. 39 GDPR – Tasks ofART. 36 GDPR
The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. 1Where the supervisory authority is of the opinion that the intended processing referred Continue reading Art. 36 GDPRART. 57 GDPR
Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: monitor and enforce the application of this Regulation; promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention; advise, in accordance withART. 27 GDPR
Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union. The obligation laid down in paragraph 1 of this Article shall not apply to: processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) Continue reading Art. 27 GDPR – Representatives of RECITAL 39 - PRINCIPLES OF DATA PROCESSING 1Any processing of personal data should be lawful and fair. 2It should be transparent to natural persons that personal data concerning them are collected, used, consulted or otherwise processed and to what extent the personal data are or will be processed. 3The principle of transparency requires that any information and communication relating to the processing Continue reading Recital 39ART. 83 GDPR
Each supervisory authority shall ensure that the imposition of administrative fines pursuant to this Article in respect of infringements of this Regulation referred to in paragraphs 4, 5 and 6 shall in each individual case be effective, proportionate and dissuasive. 1Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition Continuereading
RECITAL 67 - RESTRICTION OF PROCESSING 1 Methods by which to restrict the processing of personal data could include, inter alia, temporarily moving the selected data to another processing system, making the selected personal data unavailable to users, or temporarily removing published data from a website. 2 In automated filing systems, the restriction of processing should in principle be ensured by technical means in such a mannerART. 41 GDPR
Without prejudice to the tasks and powers of the competent supervisory authority under Articles 57 and 58, the monitoring of compliance with a code of conduct pursuant to Article 40 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited Continue reading Art. 41 GDPR – Monitoring of approved codes of conductART. 2 GDPR
This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. This Regulation does not apply to the processing of personal data: Continue reading Art. 2 GDPR– Material scope
RECORDS OF PROCESSING ACTIVITIES The General Data Protection Regulation obligates, as per Art. 30 of the GDPR, written documentation and overview of procedures by which personal data are processed.ART. 23 GDPR
Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and Continue reading Art. 23 GDPR – RestrictionsART. 57 GDPR
Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: monitor and enforce the application of this Regulation; promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention; advise, in accordance withART. 13 GDPR
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of Continue reading Art. 13 GDPRART. 26 GDPR
1Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. 2They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide Continue reading ArtART. 28 GDPR
Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. 1The processor shall Continue reading Art. 28 GDPRART. 9 GDPR
Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.ART. 5 GDPR
Personal data shall be: processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’); collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical researchART. 8 GDPR
1Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. 2Where the child is below the age of 16 years, such processing shall be Continue reading Art. 8 GDPR – Conditions applicable to child’s consent in relation toSearch for:
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* General Data Protection Regulation (GDPR)* Recitals
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When autocomplete results are available use up and down arrows to review and enter to go to the desired page. Touch device users, explore by touch or with swipe gestures.* GDPR
* Recitals
* Key Issues
* GDPR
* Chapter 1 (Art. 1 – 4) General provisionsexpand child menu* Art. 1
Subject-matter and objectives* Art. 2
Material scope
* Art. 3
Territorial scope
* Art. 4
Definitions
* Chapter 2 (Art. 5 – 11) Principlesexpand child menu* Art. 5
Principles relating to processing of personal data* Art. 6
Lawfulness of processing* Art. 7
Conditions for consent* Art. 8
Conditions applicable to child’s consent in relation to informationsociety services
* Art. 9
Processing of special categories of personal data* Art. 10
Processing of personal data relating to criminal convictions andoffences
* Art. 11
Processing which does not require identification * Chapter 3 (Art. 12 – 23) Rights of the data subjectexpand child menu* Art. 12
Transparent information, communication and modalities for the exercise of the rights of the data subject* Art. 13
Information to be provided where personal data are collected from thedata subject
* Art. 14
Information to be provided where personal data have not been obtained from the data subject* Art. 15
Right of access by the data subject* Art. 16
Right to rectification* Art. 17
Right to erasure (‘right to be forgotten’)* Art. 18
Right to restriction of processing* Art. 19
Notification obligation regarding rectification or erasure of personal data or restriction of processing* Art. 20
Right to data portability* Art. 21
Right to object
* Art. 22
Automated individual decision-making, including profiling* Art. 23
Restrictions
* Chapter 4 (Art. 24 – 43) Controller and processorexpand child menu* Art. 24
Responsibility of the controller* Art. 25
Data protection by design and by default* Art. 26
Joint controllers
* Art. 27
Representatives of controllers or processors not established in theUnion
* Art. 28
Processor
* Art. 29
Processing under the authority of the controller or processor* Art. 30
Records of processing activities* Art. 31
Cooperation with the supervisory authority* Art. 32
Security of processing* Art. 33
Notification of a personal data breach to the supervisory authority* Art. 34
Communication of a personal data breach to the data subject* Art. 35
Data protection impact assessment* Art. 36
Prior consultation
* Art. 37
Designation of the data protection officer* Art. 38
Position of the data protection officer* Art. 39
Tasks of the data protection officer* Art. 40
Codes of conduct
* Art. 41
Monitoring of approved codes of conduct* Art. 42
Certification
* Art. 43
Certification bodies * Chapter 5 (Art. 44 – 50) Transfers of personal data to third countries or international organisationsexpand child menu* Art. 44
General principle for transfers* Art. 45
Transfers on the basis of an adequacy decision* Art. 46
Transfers subject to appropriate safeguards* Art. 47
Binding corporate rules* Art. 48
Transfers or disclosures not authorised by Union law* Art. 49
Derogations for specific situations* Art. 50
International cooperation for the protection of personal data * Chapter 6 (Art. 51 – 59) Independent supervisory authoritiesexpand child menu* Art. 51
Supervisory authority* Art. 52
Independence
* Art. 53
General conditions for the members of the supervisory authority* Art. 54
Rules on the establishment of the supervisory authority* Art. 55
Competence
* Art. 56
Competence of the lead supervisory authority* Art. 57
Tasks
* Art. 58
Powers
* Art. 59
Activity reports
* Chapter 7 (Art. 60 – 76) Cooperation and consistencyexpand child menu* Art. 60
Cooperation between the lead supervisory authority and the other supervisory authorities concerned* Art. 61
Mutual assistance
* Art. 62
Joint operations of supervisory authorities* Art. 63
Consistency mechanism* Art. 64
Opinion of the Board* Art. 65
Dispute resolution by the Board* Art. 66
Urgency procedure
* Art. 67
Exchange of information* Art. 68
European Data Protection Board* Art. 69
Independence
* Art. 70
Tasks of the Board
* Art. 71
Reports
* Art. 72
Procedure
* Art. 73
Chair
* Art. 74
Tasks of the Chair
* Art. 75
Secretariat
* Art. 76
Confidentiality
* Chapter 8 (Art. 77 – 84) Remedies, liability and penaltiesexpand child menu* Art. 77
Right to lodge a complaint with a supervisory authority* Art. 78
Right to an effective judicial remedy against a supervisory authority* Art. 79
Right to an effective judicial remedy against a controller orprocessor
* Art. 80
Representation of data subjects* Art. 81
Suspension of proceedings* Art. 82
Right to compensation and liability* Art. 83
General conditions for imposing administrative fines* Art. 84
Penalties
* Chapter 9 (Art. 85 – 91) Provisions relating to specific processing situationsexpand child menu* Art. 85
Processing and freedom of expression and information* Art. 86
Processing and public access to official documents* Art. 87
Processing of the national identification number* Art. 88
Processing in the context of employment* Art. 89
Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes* Art. 90
Obligations of secrecy* Art. 91
Existing data protection rules of churches and religious associations * Chapter 10 (Art. 92 – 93) Delegated acts and implementing actsexpand child menu* Art. 92
Exercise of the delegation* Art. 93
Committee procedure
* Chapter 11 (Art. 94 – 99) Final provisionsexpand child menu* Art. 94
Repeal of Directive 95/46/EC* Art. 95
Relationship with Directive 2002/58/EC* Art. 96
Relationship with previously concluded Agreements* Art. 97
Commission reports
* Art. 98
Review of other Union legal acts on data protection* Art. 99
Entry into force and application Imprint | Privacy Policy | Liability GENERAL DATA PROTECTION REGULATION GDPR Welcome to gdpr-info.eu. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018 as a neatly arranged website. All Articles of the GDPR are linked with suitable recitals. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states to harmonize data privacy laws across Europe. If you find the page useful, feel free to support us by sharing the project.QUICK ACCESS
Chapter 1
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1 2
3
4
Chapter 2
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5 6
7
8
9
10
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Chapter 3
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12 13
14
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18
19
20
21
22
23
Chapter 4
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24 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Chapter 5
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44 45
46
47
48
49
50
Chapter 6
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51 52
53
54
55
56
57
58
59
Chapter 7
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60 61
62
63
64
65
66
67
68
69
70
71
72
73
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75
76
Chapter 8
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77 78
79
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84
Chapter 9
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85 86
87
88
89
90
91
Chapter 10
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92 93
Chapter 11
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94 95
96
97
98
99
Here you will find a list of all recitals.
KEY ISSUES
* Consent
* Data Protection Officer* Email Marketing
* Encryption
* Fines / Penalties
* Personal Data
* Privacy by Design
* Privacy Impact Assessment* Processing
* Records of Processing Activities* Right of Access
* Right to be Forgotten * Right to be Informed* Third Countries
TABLE OF CONTENTS
Chapter 1General provisions Article 1Subject-matter and objectives Article 2Material scope Article 3Territorial scope Article 4DefinitionsChapter 2Principles
Article 5Principles relating to processing of personal data Article 6Lawfulness of processing Article 7Conditions for consent Article 8Conditions applicable to child’s consent in relation to information society services Article 9Processing of special categories of personal data Article 10Processing of personal data relating to criminal convictionsand offences
Article 11Processing which does not require identification Chapter 3Rights of the data subject Section 1Transparency and modalities Article 12Transparent information, communication and modalities for the exercise of the rights of the data subject Section 2Information and access to personal data Article 13Information to be provided where personal data are collected from the data subject Article 14Information to be provided where personal data have not been obtained from the data subject Article 15Right of access by the data subject Section 3Rectification and erasure Article 16Right to rectification Article 17Right to erasure (‘right to be forgotten’) Article 18Right to restriction of processing Article 19Notification obligation regarding rectification or erasure of personal data or restriction of processing Article 20Right to data portability Section 4Right to object and automated individual decision-making Article 21Right to object Article 22Automated individual decision-making, including profiling Section 5Restrictions Article 23Restrictions Chapter 4Controller and processor Section 1General obligations Article 24Responsibility of the controller Article 25Data protection by design and by default Article 26Joint controllers Article 27Representatives of controllers or processors not establishedin the Union
Article 28Processor
Article 29Processing under the authority of the controller orprocessor
Article 30Records of processing activities Article 31Cooperation with the supervisory authority Section 2Security of personal data Article 32Security of processing Article 33Notification of a personal data breach to the supervisoryauthority
Article 34Communication of a personal data breach to the data subject Section 3Data protection impact assessment and prior consultation Article 35Data protection impact assessment Article 36Prior consultation Section 4Data protection officer Article 37Designation of the data protection officer Article 38Position of the data protection officer Article 39Tasks of the data protection officer Section 5Codes of conduct and certification Article 40Codes of conduct Article 41Monitoring of approved codes of conduct Article 42Certification Article 43Certification bodies Chapter 5Transfers of personal data to third countries or international organisations Article 44General principle for transfers Article 45Transfers on the basis of an adequacy decision Article 46Transfers subject to appropriate safeguards Article 47Binding corporate rules Article 48Transfers or disclosures not authorised by Union law Article 49Derogations for specific situations Article 50International cooperation for the protection of personaldata
Chapter 6Independent supervisory authorities Section 1Independent status Article 51Supervisory authority Article 52Independence Article 53General conditions for the members of the supervisoryauthority
Article 54Rules on the establishment of the supervisory authority Section 2Competence, tasks and powers Article 55Competence Article 56Competence of the lead supervisory authorityArticle 57Tasks
Article 58Powers
Article 59Activity reports Chapter 7Cooperation and consistency Section 1Cooperation Article 60Cooperation between the lead supervisory authority and the other supervisory authorities concerned Article 61Mutual assistance Article 62Joint operations of supervisory authorities Section 2Consistency Article 63Consistency mechanism Article 64Opinion of the Board Article 65Dispute resolution by the Board Article 66Urgency procedure Article 67Exchange of information Section 3European data protection board Article 68European Data Protection Board Article 69Independence Article 70Tasks of the BoardArticle 71Reports
Article 72Procedure
Article 73Chair
Article 74Tasks of the Chair Article 75Secretariat Article 76Confidentiality Chapter 8Remedies, liability and penalties Article 77Right to lodge a complaint with a supervisory authority Article 78Right to an effective judicial remedy against a supervisoryauthority
Article 79Right to an effective judicial remedy against a controlleror processor
Article 80Representation of data subjects Article 81Suspension of proceedings Article 82Right to compensation and liability Article 83General conditions for imposing administrative finesArticle 84Penalties
Chapter 9Provisions relating to specific processing situations Article 85Processing and freedom of expression and information Article 86Processing and public access to official documents Article 87Processing of the national identification number Article 88Processing in the context of employment Article 89Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes Article 90Obligations of secrecy Article 91Existing data protection rules of churches and religiousassociations
Chapter 10Delegated acts and implementing acts Article 92Exercise of the delegation Article 93Committee procedure Chapter 11Final provisions Article 94Repeal of Directive 95/46/EC Article 95Relationship with Directive 2002/58/EC Article 96Relationship with previously concluded Agreements Article 97Commission reports Article 98Review of other Union legal acts on data protection Article 99Entry into force and applicationLOGO
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