The extraterritorial application of those laws, regulations and other legal acts may be in breach of international law and may impede the attainment of the protection of natural persons ensured in the Union by this Regulation. 1 - 4) General provisions Art. Moreover, the processing of personal data by official authorities for the purpose of achieving the aims, laid down by constitutional law or by international public law, of officially recognised religious associations, is carried out on grounds of public interest. In the absence of an adequacy decision, Union or MemberState law may, for important reasons of public interest, expressly set limits to the transfer of specific categories of data to a third country or an international organisation. 1. 6. 3. The Member States, the supervisory authorities, the Board and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various processing sectors and the specific needs of micro, small and medium-sized enterprises. for the establishment, exercise or defence of legal claims. (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV), In force: This act has been changed. This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles12 to 15 of that Directive. The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest. 1. The controller shall inform the supervisory authority of the transfer. Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a MemberState, without prejudice to other grounds for transfer pursuant to this Chapter. Where personal data are processed for scientific research purposes, this Regulation should also apply to that processing. The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. 4. Moreover, such rules and procedures should take into account the legitimate interests of law-enforcement authorities where early disclosure could unnecessarily hamper the investigation of the circumstances of a personal data breach. The Commission shall be empowered to adopt delegated acts in accordance with Article92 for the purpose of specifying the requirements to be taken into account for the data protection certification mechanisms referred to in Article42(1). The essence of the arrangement shall be made available to the data subject. Prior to the adoption of the lists referred to in paragraphs 4 and 5, the competent supervisory authority shall apply the consistency mechanism referred to in Article63 where such lists involve processing activities which are related to the offering of goods or services to data subjects or to the monitoring of their behaviour in several MemberStates, or may substantially affect the free movement of personal data within the Union. Without prejudice to the tasks and powers of the competent supervisory authority under Articles57 and 58, the monitoring of compliance with a code of conduct pursuant to Article40 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 for that purpose by the competent supervisory authority. Factsheet -Overview. 2. European statistics should be developed, produced and disseminated in accordance with the statistical principles as set out in Article338(2) TFEU, while national statistics should also comply with Member State law. The statistical purpose implies that the result of processing for statistical purposes is not personal data, but aggregate data, and that this result or the personal data are not used in support of measures or decisions regarding any particular natural person. (Data Protection Act 2018. The performance of the tasks of each supervisory authority shall be free of charge for the data subject and, where applicable, for the data protection officer. A decision pursuant to paragraph5 of this Article is without prejudice to transfers of personal data to the third country, a territory or one or more specified sectors within that third country, or the international organisation in question pursuant to Articles46 to 49. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; the data subject has objected to processing pursuant to Article21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject. In any case, the supervisory authorities of the Member State or MemberStates where the processor has one or more establishments should not be considered to be supervisory authorities concerned where the draft decision concerns only the controller. The appropriate safeguards referred to in paragraph 1 may be provided for, without requiring any specific authorisation from a supervisory authority, by: a legally binding and enforceable instrument between public authorities or bodies; binding corporate rules in accordance with Article 47; standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2); standard data protection clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article93(2); an approved code of conduct pursuant to Article 40 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects' rights; or. Where processing referred to in paragraphs 2 and 3 serves at the same time another purpose, the derogations shall apply only to processing for the purposes referred to in those paragraphs. 1. However, the absence of a reaction of the supervisory authority within that period should be without prejudice to any intervention of the supervisory authority in accordance with its tasks and powers laid down in this Regulation, including the power to prohibit processing operations. Guide to the General Data Protection Regulation. The competent supervisory authority shall revoke the accreditation of a body as referred to in paragraph1 if the conditions for accreditation are not, or are no longer, met or where actions taken by the body infringe this Regulation. In order to determine whether such a controller or processor is offering goods or services to data subjects who are in the Union, it should be ascertained whether it is apparent that the controller or processor envisages offering services to data subjects in one or more MemberStates in the Union. 8. 1. Personal data concerning health should include all data pertaining to the health status of a data subject which reveal information relating to the past, current or future physical or mental health status of the data subject. In line with the fundamental values on which the Union is founded, in particular the protection of human rights, the Commission should, in its assessment of the third country, or of a territory or specified sector within a third country, take into account how a particular third country respects the rule of law, access to justice as well as international human rights norms and standards and its general and sectoral law, including legislation concerning public security, defence and national security as well as public order and criminal law. Member States shall ensure that those certification bodies are accredited by one or both of the following: the supervisory authority which is competent pursuant to Article55 or 56; the national accreditation body named in accordance with Regulation (EC) No765/2008 of the European Parliament and of the Council(20) in accordance with EN-ISO/IEC 17065/2012 and with the additional requirements established by the supervisory authority which is competent pursuant to Article55 or56. It should be for the Member States to determine whether and to which extent public authorities should be subject to administrative fines. 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. If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, Union or Member State law may determine and specify the tasks and purposes for which the further processing should be regarded as compatible and lawful. Where the lead supervisory authority decides not to handle the case, the supervisory authority which informed the lead supervisory authority shall handle it according to Articles61 and 62. Requests for assistance shall contain all the necessary information, including the purpose of and reasons for the request. Connect and share knowledge within a single location that is structured and easy to search. The responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller's behalf should be established. Where processing is carried out in accordance with a legal obligation to which the controller is subject or where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, the processing should have a basis in Union or Member State law. Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority shall forward that opinion or decision to the court. 4. To determine whether a natural person is identifiable, account should be taken of all the means reasonably likely to be used, such as singling out, either by the controller or by another person to identify the natural person directly or indirectly. 4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article5 thereof, shall apply. Member States law should reconcile the rules governing freedom of expression and information, including journalistic, academic, artistic and or literary expression with the right to the protection of personal data pursuant to this Regulation. The adherence of the processor to an approved code of conduct or an approved certification mechanism may be used as an element to demonstrate compliance with the obligations of the controller. 2. The GDPR itself provides for the creation of supplementary quasi-, co- and self-regulation (European Data Protection Board guidelines, European Court of Justice rulings, codes of conduct, corporate binding policies, certifications); these, indeed, reveal the complexity associated to GDPR compliance and the need for resources that provide an . 1. In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability; where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; from which source the personal data originate, and if applicable, whether it came from publicly accessible sources; the existence of automated decision-making, including profiling, referred to in Article22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. The annual report shall include a review of the practical application of the guidelines, recommendations and best practices referred to in point (l) of Article 70(1) as well as of the binding decisions referred to in Article 65. Where the lead supervisory authority decides to handle the case, the supervisory authority which informed it should have the possibility to submit a draft for a decision, of which the lead supervisory authority should take utmost account when preparing its draft decision in that one-stop-shop mechanism. If the personal data processed by a controller do not permit the controller to identify a natural person, the data controller should not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation. The exchange of personal data between public and private actors, including natural persons, associations and undertakings across the Union has increased. 1. (21)Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30May2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. If the purposes for which a controller processes personal data do not or do no longer require the identification of a data subject by the controller, the controller shall not be obliged to maintain, acquire or process additional information in order to identify the data subject for the sole purpose of complying with this Regulation. In the cases referred to in paragraph 2 of this Article, the supervisory authority shall inform the lead supervisory authority without delay on that matter. 4. 4. 4. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. The protection of natural persons in relation to the processing of personal data is a fundamental right. The controller should communicate to the data subject a personal data breach, without undue delay, where that personal data breach is likely to result in a high risk to the rights and freedoms of the natural person in order to allow him or her to take the necessary precautions. How to cite . I might be wrong, the legislation type, number and title, followed by publication details in the OJ, Improving the copy in the close modal and post notices - 2023 edition, New blog post from our CEO Prashanth: Community is the future of AI. In addition, it should take into account the Union's objective under Article179(1) TFEU of achieving a European Research Area. The Board shall elect a chair and two deputy chairs from amongst its members by simple majority. A certification pursuant to this Article shall be issued by the certification bodies referred to in Article43 or by the competent supervisory authority, on the basis of criteria approved by that competent supervisory authority pursuant to Article58(3) or by the Board pursuant to Article63. Adherence to approved codes of conduct as referred to in Article40 or approved certification mechanisms as referred to in Article42 may be used as an element by which to demonstrate compliance with the obligations of the controller. Notification of a personal data breach to the supervisory authority. The Commission shall designate a representative. Risk should be evaluated on the basis of an objective assessment, by which it is established whether data processing operations involve a risk or a high risk. Each supervisory authority should be provided with the financial and human resources, premises and infrastructure necessary for the effective performance of their tasks, including those related to mutual assistance and cooperation with other supervisory authorities throughout the Union. Indicating possible criminal acts or threats to public security by the controller and transmitting the relevant personal data in individual cases or in several cases relating to the same criminal act or threats to public security to a competent authority should be regarded as being in the legitimate interest pursued by the controller. In-text: (Guide to the UK General Data Protection Regulation (UK GDPR), 2018). That criterion should not depend on whether the processing of personal data is carried out at that location. Each supervisory authority shall take all appropriate measures required to reply to a request of another supervisory authority without undue delay and no later than one month after receiving the request. A transfer of personal data should also be regarded as lawful where it is necessary to protect an interest which is essential for the data subject's or another person's vital interests, including physical integrity or life, if the data subject is incapable of giving consent. 5. Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. Where the register is intended for consultation by persons having a legitimate interest, the transfer shall be made only at the request of those persons or if they are to be the recipients. Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child. After the completion of the processing on behalf of the controller, the processor should, at the choice of the controller, return or delete the personal data, unless there is a requirement to store the personal data under Union or Member State law to which the processor is subject. The GDPR creates a level playing field for all companies operating in the EU internal market, adopts a technology-neutral approach and stimulates innovation through a number of steps, which include the following. Where the data subject has given consent or the processing is based on Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard, in particular, important objectives of general public interest, the controller should be allowed to further process the personal data irrespective of the compatibility of the purposes. 3. The lead authority should be competent to adopt binding decisions regarding measures applying the powers conferred on it in accordance with this Regulation. 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article93(2). 3. 5. Introducing the new Bluebook Online. the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them. The delegation of power referred to in Article 12(8) and Article 43(8) may be revoked at any time by the European Parliament or by the Council. The final decision shall attach the decision referred to in paragraph1 of this Article. Automated decision-making and profiling based on special categories of personal data should be allowed only under specific conditions. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. The Board shall be composed of the head of one supervisory authority of each MemberState and of the European Data Protection Supervisor, or their respective representatives. The supervisory authorities shall, where appropriate, conduct joint operations including joint investigations and joint enforcement measures in which members or staff of the supervisory authorities of other Member States are involved. The Commission may adopt implementing acts of general scope in order to specify the arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board, in particular the standardised format referred to in Article64. 1. Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the legitimate interests pursued by controllers in specific contexts; the information provided to the public and to data subjects; the exercise of the rights of data subjects; the information provided to, and the protection of, children, and the manner in which the consent of the holders of parental responsibility over children is to be obtained; the measures and procedures referred to in Articles 24 and 25 and the measures to ensure security of processing referred to in Article 32; the notification of personal data breaches to supervisory authorities and the communication of such personal data breaches to data subjects; the transfer of personal data to third countries or international organisations; or. Paragraph1 shall not apply if the decision: is necessary for entering into, or performance of, a contract between the data subject and a data controller; is authorised by Union or MemberState law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or. 1. After transmission of the draft legislative act to the national parliaments. Deep linking. In order to enhance transparency and compliance with this Regulation, the establishment of certification mechanisms and data protection seals and marks should be encouraged, allowing data subjects to quickly assess the level of data protection of relevant products and services. Processing by a processor shall be governed by a contract or other legal act under Union or MemberState law, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. In such cases, a data protection impact assessment should be carried out by the controller prior to the processing in order to assess the particular likelihood and severity of the high risk, taking into account the nature, scope, context and purposes of the processing and the sources of the risk. A data subject who has obtained restriction of processing pursuant to paragraph1 shall be informed by the controller before the restriction of processing is lifted. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. Intro signals: E.g., See, See also, Cf., etc. 5. 4. Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. issue opinions on codes of conduct drawn up at Union level pursuant to Article40(9); and. The Commission should participate in the Board's activities without voting rights and the European Data Protection Supervisor should have specific voting rights. Any processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union should be carried out in accordance with this Regulation, regardless of whether the processing itself takes place within the Union. aims to approve binding corporate rules within the meaning of Article47. Prop. The supervisory authority shall communicate those lists to the Board. 1. What citation / reference styles explicitly tell the reference's type? The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
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