tag:blogger.com,1999:blog-25668835390812736162024-02-08T01:59:15.515-08:00GDPR InfoLink or go directly to specific Articles or Recitals of GDPRKuanhttp://www.blogger.com/profile/00041429221345800464noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-2566883539081273616.post-72710106031294984832021-06-02T03:52:00.044-07:002022-09-14T08:04:37.618-07:00GDPR - link or go to Articles & Recitals directly<h3 style="text-align: left;">TL;DR</h3>
<div><ul style="text-align: left;"><li>To <u>go</u> directly to GDPR Art.28, type gdprinfo.info#a28 in your browser address bar or, on this page, just change the URL ending to #a28.</li><li>To <u>go</u> directly to GDPR Art.5(1)(c), type gdprinfo.info#a5.1.c in the address bar, or #a4.11 for Article 4(11), etc. </li><li>To <u>link</u> directly to Art.28, use <a href="https://gdprinfo.info#a28">https://gdprinfo.info#a28</a> in your document or webpage.</li><li>Similarly for <u>Recitals</u> - just use #r instead of #a.</li><li><span style="color: red;">NEW</span>: To go directly to GDPR <u>Chapter</u> V, type type gdprinfo.info#c5 - use normal numbers not Roman numerals eg c9.</li><li><span style="color: red;">NEW</span>: Contents list added on the left. Click an arrow to see just that Chapter's Articles. Expand/collapse all is self-explanatory.</li><li>Internal links to GDPR Articles work, but there are no links to individual paragraphs or points, and no non-GDPR links have been added.</li><li>Please <a href="https://www.kuan0.com/about.html#contact">report</a> any mistakes.</li></ul></div>
<h3 style="text-align: left;">Instructions</h3>
<p>This webpage, accessible via <a href="https://gdprinfo.info">https://gdprinfo.info</a>, lets you link directly to, or look up, <i><b>any</b></i> desired
GDPR Recital or Article. The whole GDPR including Recitals is included
below, to enable searching through the full text of the webpage. (This
webpage is also usable via <a href="https://www.gdprinfo.info">https://www.gdprinfo.info</a> - but that involves more typing!). Usage examples:</p>
<ul>
<li>To link directly to Recital 36: use https://gdprinfo.info followed by #r36 - e.g. <br /><a href="https://gdprinfo.info#r36">https://gdprinfo.info#r36</a> ("r" for Recital) links directly to Rec.36.</li><li>To link directly to Article 28: use the https://gdprinfo.info followed by #a28 - e.g. <br /><a href="https://gdprinfo.info#a28">https://gdprinfo.info#a28</a> ("a" for Article) links directly to Art.28.</li><li><span style="color: red;">NEW</span>: you can now go directly to <u>sub</u>paragraphs, just use dot separators, e.g. #a5.1.c, #a4.5.</li><li>And so on - just <u>don't forget to add the <b>#</b> at the end of the URL</u>, before the <u>"r" or "a"</u> and the relevant <u>Article or Recital number</u>.</li><li>To go directly to Art.28 in your browser, in the address bar just type: <b>gdprinfo.info#a28</b> - it will automatically fill in the https:// for you and take you to the text of Art.28. And so on.</li>
</ul>
<h3 style="text-align: left;">Why this webpage?</h3>
<div><p>The <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0679">official EU GDPR text</a> allows
direct linking only to Articles, not Recitals (and only if you know how
to view and search the webpage's source code). The <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02016R0679-20160504">official consolidated corrected version</a> doesn't even allow linking to the Articles on that webpage.</p><p>This webpage is based on the European Commission's text, which <a href="https://eur-lex.europa.eu/content/legal-notice/legal-notice.html#2.%20droits">it licenses</a> under the <a href="https://creativecommons.org/licenses/by/4.0/">Creative Commons Attribution 4.0 International licence</a>. The only changes are formatting tweaks and the direct linking capability on this webpage, which was semi-automated using <a href="https://npp-user-manual.org/docs/searching/">Notepad++ regular expressions search/replace</a>. In turn if you reuse/adapt this work, please acknowledge and attribute <a href="https://www.kuan0.com">Dr W Kuan Hon</a>.</p><h3 style="text-align: left;"><u>Updated</u> version of GDPR</h3></div>
<div>The updated text below is based on the official <a href="http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0679R%2802%29">Corrigendum</a> of 23.5.2018 - see also <a href="http://data.consilium.europa.eu/doc/document/ST-8088-2018-INIT/en/pdf">Council document with markup</a> (English version starts on p.90 of the Council document). Corrections to the <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2016.119.01.0001.01.ENG&toc=OJ:L:2016:119:TOC">original GDPR</a> were made by the <a href="http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0679R%2802%29">Corrigendum</a> in relation to the following areas, shown in the text below in <span style="color: red;">red</span>:</div>
<ul>
<li>Automated decision-making - Recital <a href="#r71">71</a><br /></li><li>Data protection officer - Article <a href="#a37.1.c">37(1)(c)</a></li><li>Codes of conduct and certifications - Articles <a href="#a41.3">41(3)</a>, <a href="#a41.5">41(5)</a>; Articles <a href="#a42.7">42(7)</a>, <a href="#a43.3">43(3)</a>, <a href="#a43.6">43(6)</a>; <a href="#a57.1.p">57(1)(p)</a>, <a href="#a64.1.c">64(1)(c)</a>, <a href="#a64.6">64(6)</a>, <a href="#a64.7">64(7)</a>, <a href="#a64.8">64(8)</a>; <a href="#a70.1.o">70(1)(o)</a>, <a href="#a70.1.p">70(1)(p)</a>.</li><li>European Data Protection Board - Articles <a href="#a65.1.a">65(1)(a)</a>, <a href="#a69.2">69(2)</a>, <a href="#a70.1.l">70(1)(l)</a>.</li>
</ul>
<p>The updates/corrections below were made manually so full accuracy is <b><i>not</i></b> guaranteed. <span style="color: red; font-weight: bold;">Any mistakes etc below, please</span><span style="font-weight: bold;"> <a href="https://www.kuan0.com/about.html#contact">let me know</a>!</span></p>
<p><b><br />EN Official Journal of the European Union L 119/1<br /><br /><span style="font-size: large;">REGULATION
(EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April
2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and repealing
Directive 95/46/EC (General Data Protection Regulation) (Text with EEA
relevance)<br /></span></b><span style="font-size: large;"></span></p>
<p>THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,<br />Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 thereof,<br />Having regard to the proposal from the European Commission,<br />After transmission of the draft legislative act to the national parliaments,<br />Having regard to the opinion of the European Economic and Social Committee (1),<br />Having regard to the opinion of the Committee of the Regions (2),<br />Acting in accordance with the ordinary legislative procedure (3),<br /><br />Whereas:</p>
<p id="r1">(1) The protection of natural persons in relation to the
processing of personal data is a fundamental right. Article 8(1) of the
Charter of Fundamental Rights of the European Union (the 'Charter') and
Article 16(1) of the Treaty on the Functioning of the European Union
(TFEU) provide that everyone has the right to the protection of
personal data concerning him or her.</p>
<p id="r2">(2) The principles of, and rules on the protection of
natural persons with regard to the processing of their personal data
should, whatever their nationality or residence, respect their
fundamental rights and freedoms, in particular their right to the
protection of personal data. This Regulation is intended to contribute
to the accomplishment of an area of freedom, security and justice and
of an economic union, to economic and social progress, to the
strengthening and the convergence of the economies within the internal
market, and to the well-being of natural persons.</p>
<p id="r3">(3) Directive 95/46/EC of the European Parliament and of the
Council (4) seeks to harmonise the protection of fundamental rights and
freedoms of natural persons in respect of processing activities and to
ensure the free flow of personal data between Member States.</p>
<p id="r4">(4) The processing of personal data should be designed to
serve mankind. The right to the protection of personal data is not an
absolute right; it must be considered in relation to its function in
society and be balanced against other fundamental rights, in accordance
with the principle of proportionality. This Regulation respects all
fundamental rights and observes the freedoms and principles recognised
in the Charter as enshrined in the Treaties, in particular the respect
for private and family life, home and communications, the protection of
personal data, freedom of thought, conscience and religion, freedom of
expression and information, freedom to conduct a business, the right to
an effective remedy and to a fair trial, and cultural, religious and
linguistic diversity.</p>
<p id="r5">(5) The economic and social integration resulting from the
functioning of the internal market has led to a substantial increase in
cross-border flows of personal data. The exchange of personal data
between public and private actors, including natural persons,
associations and undertakings across the Union has increased. National
authorities in the Member States are being called upon by Union law to
cooperate and exchange personal data so as to be able to perform their
duties or carry out tasks on behalf of an authority in another Member
State.</p>
<p id="r6">(6) Rapid technological developments and globalisation have
brought new challenges for the protection of personal data. The scale
of the collection and sharing of personal data has increased
significantly. Technology allows both private companies and public
authorities to make use of personal data on an unprecedented scale in
order to pursue their activities. Natural persons increasingly make
personal information available publicly and globally. Technology has
transformed both the economy and social life, and should further
facilitate the free flow of personal data within the Union and the
transfer to third countries and international organisations, while
ensuring a high level of the protection of personal data.</p>
<p id="r7">(7) Those developments require a strong and more coherent
data protection framework in the Union, backed by strong enforcement,
given the importance of creating the trust that will allow the digital
economy to develop across the internal market. Natural persons should
have control of their own personal data. Legal and practical certainty
for natural persons, economic operators and public authorities should
be enhanced.</p>
<p id="r8">(8) Where this Regulation provides for specifications or
restrictions of its rules by Member State law, Member States may, as
far as necessary for coherence and for making the national provisions
comprehensible to the persons to whom they apply, incorporate elements
of this Regulation into their national law.</p>
<p id="r9">(9) The objectives and principles of Directive 95/46/EC
remain sound, but it has not prevented fragmentation in the
implementation of data protection across the Union, legal uncertainty
or a widespread public perception that there are significant risks to
the protection of natural persons, in particular with regard to online
activity. Differences in the level of protection of the rights and
freedoms of natural persons, in particular the right to the protection
of personal data, with regard to the processing of personal data in the
Member States may prevent the free flow of personal data throughout the
Union. Those differences may therefore constitute an obstacle to the
pursuit of economic activities at the level of the Union, distort
competition and impede authorities in the discharge of their
responsibilities under Union law. Such a difference in levels of
protection is due to the existence of differences in the implementation
and application of Directive 95/46/EC.</p>
<p id="r10">(10) In order to ensure a consistent and high level of
protection of natural persons and to remove the obstacles to flows of
personal data within the Union, the level of protection of the rights
and freedoms of natural persons with regard to the processing of such
data should be equivalent in all Member States. Consistent and
homogenous application of the rules for the protection of the
fundamental rights and freedoms of natural persons with regard to the
processing of personal data should be ensured throughout the Union.
Regarding the processing of personal data for compliance with a legal
obligation, for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the
controller, Member States should be allowed to maintain or introduce
national provisions to further specify the application of the rules of
this Regulation. In conjunction with the general and horizontal law on
data protection implementing Directive 95/46/EC, Member States have
several sector-specific laws in areas that need more specific
provisions. This Regulation also provides a margin of manoeuvre for
Member States to specify its rules, including for the processing of
special categories of personal data ('sensitive data'). To that extent,
this Regulation does not exclude Member State law that sets out the
circumstances for specific processing situations, including determining
more precisely the conditions under which the processing of personal
data is lawful.</p>
<p id="r11">(11) Effective protection of personal data throughout the
Union requires the strengthening and setting out in detail of the
rights of data subjects and the obligations of those who process and
determine the processing of personal data, as well as equivalent powers
for monitoring and ensuring compliance with the rules for the
protection of personal data and equivalent sanctions for infringements
in the Member States.</p>
<p id="r12">(12) Article 16(2) TFEU mandates the European Parliament
and the Council to lay down the rules relating to the protection of
natural persons with regard to the processing of personal data and the
rules relating to the free movement of personal data.</p>
<p id="r13">(13) In order to ensure a consistent level of protection
for natural persons throughout the Union and to prevent divergences
hampering the free movement of personal data within the internal
market, a Regulation is necessary to provide legal certainty and
transparency for economic operators, including micro, small and
medium-sized enterprises, and to provide natural persons in all Member
States with the same level of legally enforceable rights and
obligations and responsibilities for controllers and processors, to
ensure consistent monitoring of the processing of personal data, and
equivalent sanctions in all Member States as well as effective
cooperation between the supervisory authorities of different Member
States. The proper functioning of the internal market requires that the
free movement of personal data within the Union is not restricted or
prohibited for reasons connected with the protection of natural persons
with regard to the processing of personal data. To take account of the
specific situation of micro, small and medium-sized enterprises, this
Regulation includes a derogation for organisations with fewer than 250
employees with regard to record-keeping. In addition, the Union
institutions and bodies, and Member States and their supervisory
authorities, are encouraged to take account of the specific needs of
micro, small and medium-sized enterprises in the application of this
Regulation. The notion of micro, small and medium-sized enterprises
should draw from Article 2 of the Annex to Commission Recommendation
2003/361/EC (5).</p>
<p id="r14">(14) The protection afforded by this Regulation should
apply to natural persons, whatever their nationality or place of
residence, in relation to the processing of their personal data. This
Regulation does not cover the processing of personal data which
concerns legal persons and in particular undertakings established as
legal persons, including the name and the form of the legal person and
the contact details of the legal person.</p>
<p id="r15">(15) In order to prevent creating a serious risk of
circumvention, the protection of natural persons should be
technologically neutral and should not depend on the techniques used.
The protection of natural persons should apply to the processing of
personal data by automated means, as well as to manual processing, if
the personal data are contained or are intended to be contained in a
filing system. Files or sets of files, as well as their cover pages,
which are not structured according to specific criteria should not fall
within the scope of this Regulation.</p>
<p id="r16">(16) This Regulation does not apply to issues of protection
of fundamental rights and freedoms or the free flow of personal data
related to activities which fall outside the scope of Union law, such
as activities concerning national security. This Regulation does not
apply to the processing of personal data by the Member States when
carrying out activities in relation to the common foreign and security
policy of the Union.</p>
<p id="r17">(17) Regulation (EC) No 45/2001 of the European Parliament
and of the Council (6) applies to the processing of personal data by
the Union institutions, bodies, offices and agencies. Regulation (EC)
No 45/2001 and other Union legal acts applicable to such processing of
personal data should be adapted to the principles and rules established
in this Regulation and applied in the light of this Regulation. In
order to provide a strong and coherent data protection framework in the
Union, the necessary adaptations of Regulation (EC) No 45/2001 should
follow after the adoption of this Regulation, in order to allow
application at the same time as this Regulation.</p>
<p id="r18">(18) This 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. Personal or household activities could include
correspondence and the holding of addresses, or social networking and
online activity undertaken within the context of such activities.
However, this Regulation applies to controllers or processors which
provide the means for processing personal data for such personal or
household activities.</p>
<p id="r19">(19) The protection of natural persons with regard to the
processing of personal data by competent authorities for the purposes
of the prevention, investigation, detection or prosecution of criminal
offences or the execution of criminal penalties, including the
safeguarding against and the prevention of threats to public security
and the free movement of such data, is the subject of a specific Union
legal act. This Regulation should not, therefore, apply to processing
activities for those purposes. However, personal data processed by
public authorities under this Regulation should, when used for those
purposes, be governed by a more specific Union legal act, namely
Directive (EU) 2016/680 of the European Parliament and of the Council
(7). Member States may entrust competent authorities within the meaning
of Directive (EU) 2016/680 with tasks which are not necessarily carried
out for the purposes of the prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal
penalties, including the safeguarding against and prevention of threats
to public security, so that the processing of personal data for those
other purposes, in so far as it is within the scope of Union law, falls
within the scope of this Regulation.</p>
<p>With regard to the processing of personal data by those competent
authorities for purposes falling within scope of this Regulation,
Member States should be able to maintain or introduce more specific
provisions to adapt the application of the rules of this Regulation.
Such provisions may determine more precisely specific requirements for
the processing of personal data by those competent authorities for
those other purposes, taking into account the constitutional,
organisational and administrative structure of the respective Member
State. When the processing of personal data by private bodies falls
within the scope of this Regulation, this Regulation should provide for
the possibility for Member States under specific conditions to restrict
by law certain obligations and rights when such a restriction
constitutes a necessary and proportionate measure in a democratic
society to safeguard specific important interests including public
security and the prevention, investigation, detection or prosecution of
criminal offences or the execution of criminal penalties, including the
safeguarding against and the prevention of threats to public security.
This is relevant for instance in the framework of anti-money laundering
or the activities of forensic laboratories.</p>
<p id="r20">(20) While this Regulation applies, inter alia, to the
activities of courts and other judicial authorities, Union or Member
State law could specify the processing operations and processing
procedures in relation to the processing of personal data by courts and
other judicial authorities. The competence of the supervisory
authorities should not cover the processing of personal data when
courts are acting in their judicial capacity, in order to safeguard the
independence of the judiciary in the performance of its judicial tasks,
including decision-making. It should be possible to entrust supervision
of such data processing operations to specific bodies within the
judicial system of the Member State, which should, in particular ensure
compliance with the rules of this Regulation, enhance awareness among
members of the judiciary of their obligations under this Regulation and
handle complaints in relation to such data processing operations.</p>
<p id="r21">(21) This Regulation is without prejudice to the
application of Directive 2000/31/EC of the European Parliament and of
the Council (8), in particular of the liability rules of intermediary
service providers in Articles 12 to 15 of that Directive. That
Directive seeks to contribute to the proper functioning of the internal
market by ensuring the free movement of information society services
between Member States.</p>
<p id="r22">(22) 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. Establishment implies the effective and real exercise of
activity through stable arrangements. The legal form of such
arrangements, whether through a branch or a subsidiary with a legal
personality, is not the determining factor in that respect.</p>
<p id="r23">(23) In order to ensure that natural persons are not
deprived of the protection to which they are entitled under this
Regulation, the processing of personal data of data subjects who are in
the Union by a controller or a processor not established in the Union
should be subject to this Regulation where the processing activities
are related to offering goods or services to such data subjects
irrespective of whether connected to a payment. 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 Member States in the Union.
Whereas the mere accessibility of the controller's, processor's or an
intermediary's website in the Union, of an email address or of other
contact details, or the use of a language generally used in the third
country where the controller is established, is insufficient to
ascertain such intention, factors such as the use of a language or a
currency generally used in one or more Member States with the
possibility of ordering goods and services in that other language, or
the mentioning of customers or users who are in the Union, may make it
apparent that the controller envisages offering goods or services to
data subjects in the Union.</p>
<p id="r24">(24) The processing of personal data of data subjects who
are in the Union by a controller or processor not established in the
Union should also be subject to this Regulation when it is related to
the monitoring of the behaviour of such data subjects in so far as
their behaviour takes place within the Union. In order to determine
whether a processing activity can be considered to monitor the
behaviour of data subjects, it should be ascertained whether natural
persons are tracked on the internet including potential subsequent use
of personal data processing techniques which consist of profiling a
natural person, particularly in order to take decisions concerning her
or him or for analysing or predicting her or his personal preferences,
behaviours and attitudes.</p>
<p id="r25">(25) Where Member State law applies by virtue of public
international law, this Regulation should also apply to a controller
not established in the Union, such as in a Member State's diplomatic
mission or consular post.</p>
<p id="r26">(26) The principles of data protection should apply to any
information concerning an identified or identifiable natural person.
Personal data which have undergone pseudonymisation, which could be
attributed to a natural person by the use of additional information
should be considered to be information on an identifiable natural
person. 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. To ascertain whether means
are reasonably likely to be used to identify the natural person,
account should be taken of all objective factors, such as the costs of
and the amount of time required for identification, taking into
consideration the available technology at the time of the processing
and technological developments. The principles of data protection
should therefore not apply to anonymous information, namely information
which does not relate to an identified or identifiable natural person
or to personal data rendered anonymous in such a manner that the data
subject is not or no longer identifiable. This Regulation does not
therefore concern the processing of such anonymous information,
including for statistical or research purposes.</p>
<p id="r27">(27) This Regulation does not apply to the personal data of
deceased persons. Member States may provide for rules regarding the
processing of personal data of deceased persons.</p>
<p id="r28">(28) The application of pseudonymisation to personal data
can reduce the risks to the data subjects concerned and help
controllers and processors to meet their data-protection obligations.
The explicit introduction of 'pseudonymisation' in this Regulation is
not intended to preclude any other measures of data protection.</p>
<p id="r29">(29) In order to create incentives to apply
pseudonymisation when processing personal data, measures of
pseudonymisation should, whilst allowing general analysis, be possible
within the same controller when that controller has taken
technical <s>and</s> organisational measures necessary to
ensure, for the processing concerned, that this Regulation is
implemented, and that additional information for attributing the
personal data to a specific data subject is kept separately. The
controller processing the personal data should indicate the authorised
persons within the same controller.</p>
<p id="r30">(30) Natural persons may be associated with online
identifiers provided by their devices, applications, tools and
protocols, such as internet protocol addresses, cookie identifiers or
other identifiers such as radio frequency identification tags. This may
leave traces which, in particular when combined with unique identifiers
and other information received by the servers, may be used to create
profiles of the natural persons and identify them.</p>
<p id="r31">(31) Public authorities to which personal data are
disclosed in accordance with a legal obligation for the exercise of
their official mission, such as tax and customs authorities, financial
investigation units, independent administrative authorities, or
financial market authorities responsible for the regulation and
supervision of securities markets should not be regarded as recipients
if they receive personal data which are necessary to carry out a
particular inquiry in the general interest, in accordance with Union or
Member State law. The requests for disclosure sent by the public
authorities should always be in writing, reasoned and occasional and
should not concern the entirety of a filing system or lead to the
interconnection of filing systems. The processing of personal data by
those public authorities should comply with the applicable
data-protection rules according to the purposes of the processing.</p>
<p id="r32">(32) Consent should be given by a clear affirmative act
establishing a freely given, specific, informed and unambiguous
indication of the data subject's agreement to the processing of
personal data relating to him or her, such as by a written statement,
including by electronic means, or an oral statement. This could include
ticking a box when visiting an internet website, choosing technical
settings for information society services or another statement or
conduct which clearly indicates in this context the data subject's
acceptance of the proposed processing of his or her personal data.
Silence, pre-ticked boxes or inactivity should not therefore constitute
consent. Consent should cover all processing activities carried out for
the same purpose or purposes. When the processing has multiple
purposes, consent should be given for all of them. If the data
subject's consent is to be given following a request by electronic
means, the request must be clear, concise and not unnecessarily
disruptive to the use of the service for which it is provided.</p>
<p id="r33">(33) It is often not possible to fully identify the purpose
of personal data processing for scientific research purposes at the
time of data collection. Therefore, data subjects should be allowed to
give their consent to certain areas of scientific research when in
keeping with recognised ethical standards for scientific research. Data
subjects should have the opportunity to give their consent only to
certain areas of research or parts of research projects to the extent
allowed by the intended purpose.</p>
<p id="r34">(34) Genetic data should be defined as personal data
relating to the inherited or acquired genetic characteristics of a
natural person which result from the analysis of a biological sample
from the natural person in question, in particular chromosomal,
deoxyribonucleic acid (DNA) or ribonucleic acid (RNA) analysis, or from
the analysis of another element enabling equivalent information to be
obtained.</p>
<p id="r35">(35) 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. This includes information about the
natural person collected in the course of the registration for, or the
provision of, health care services as referred to in Directive
2011/24/EU of the European Parliament and of the Council (9) to that
natural person; a number, symbol or particular assigned to a natural
person to uniquely identify the natural person for health purposes;
information derived from the testing or examination of a body part or
bodily substance, including from genetic data and biological samples;
and any information on, for example, a disease, disability, disease
risk, medical history, clinical treatment or the physiological or
biomedical state of the data subject independent of its source, for
example from a physician or other health professional, a hospital, a
medical device or an in vitro diagnostic test.</p>
<p id="r36">(36) The main establishment of a controller in the Union
should be the place of its central administration in the Union, unless
the decisions on the purposes and means of the processing of personal
data are taken in another establishment of the controller in the Union,
in which case that other establishment should be considered to be the
main establishment. The main establishment of a controller in the Union
should be determined according to objective criteria and should imply
the effective and real exercise of management activities determining
the main decisions as to the purposes and means of processing through
stable arrangements. That criterion should not depend on whether the
processing of personal data is carried out at that location. The
presence and use of technical means and technologies for processing
personal data or processing activities do not, in themselves,
constitute a main establishment and are therefore not determining
criteria for a main establishment. The main establishment of the
processor should be the place of its central administration in the
Union or, if it has no central administration in the Union, the place
where the main processing activities take place in the Union. In cases
involving both the controller and the processor, the competent lead
supervisory authority should remain the supervisory authority of the
Member State where the controller has its main establishment, but the
supervisory authority of the processor should be considered to be a
supervisory authority concerned and that supervisory authority should
participate in the cooperation procedure provided for by this
Regulation. In any case, the supervisory authorities of the Member
State or Member States 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. Where
the processing is carried out by a group of undertakings, the main
establishment of the controlling undertaking should be considered to be
the main establishment of the group of undertakings, except where the
purposes and means of processing are determined by another undertaking.</p>
<p id="r37">(37) A group of undertakings should cover a controlling
undertaking and its controlled undertakings, whereby the controlling
undertaking should be the undertaking which can exert a dominant
influence over the other undertakings by virtue, for example, of
ownership, financial participation or the rules which govern it or the
power to have personal data protection rules implemented. An
undertaking which controls the processing of personal data in
undertakings affiliated to it should be regarded, together with those
undertakings, as a group of undertakings.</p>
<p id="r38">(38) 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. Such specific protection should, in
particular, apply to the use of personal data of children for the
purposes of marketing or creating personality or user profiles and the
collection of personal data with regard to children when using services
offered directly to a child. The consent of the holder of parental
responsibility should not be necessary in the context of preventive or
counselling services offered directly to a child.</p>
<p id="r39">(39) Any processing of personal data should be lawful and
fair. It 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. The
principle of transparency requires that any information and
communication relating to the processing of those personal data be
easily accessible and easy to understand, and that clear and plain
language be used. That principle concerns, in particular, information
to the data subjects on the identity of the controller and the purposes
of the processing and further information to ensure fair and
transparent processing in respect of the natural persons concerned and
their right to obtain confirmation and communication of personal data
concerning them which are being processed. Natural persons should be
made aware of risks, rules, safeguards and rights in relation to the
processing of personal data and how to exercise their rights in
relation to such processing. In particular, the specific purposes for
which personal data are processed should be explicit and legitimate and
determined at the time of the collection of the personal data. The
personal data should be adequate, relevant and limited to what is
necessary for the purposes for which they are processed. This requires,
in particular, ensuring that the period for which the personal data are
stored is limited to a strict minimum. Personal data should be
processed only if the purpose of the processing could not reasonably be
fulfilled by other means. In order to ensure that the personal data are
not kept longer than necessary, time limits should be established by
the controller for erasure or for a periodic review. Every reasonable
step should be taken to ensure that personal data which are inaccurate
are rectified or deleted. Personal data should be processed in a manner
that ensures appropriate security and confidentiality of the personal
data, including for preventing unauthorised access to or use of
personal data and the equipment used for the processing.</p>
<p id="r40">(40) In order for processing to be lawful, personal data
should be processed on the basis of the consent of the data subject
concerned or some other legitimate basis, laid down by law, either in
this Regulation or in other Union or Member State law as referred to in
this Regulation, including the necessity for compliance with the legal
obligation to which the controller is subject or the necessity for the
performance of a contract to which the data subject is party or in
order to take steps at the request of the data subject prior to
entering into a contract.</p>
<p id="r41">(41) Where this Regulation refers to a legal basis or a
legislative measure, this does not necessarily require a legislative
act adopted by a parliament, without prejudice to requirements pursuant
to the constitutional order of the Member State concerned. However,
such a legal basis or legislative measure should be clear and precise
and its application should be foreseeable to persons subject to it, in
accordance with the case-law of the Court of Justice of the European
Union (the 'Court of Justice') and the European Court of Human Rights.</p>
<p id="r42">(42) Where processing is based on the data subject's
consent, the controller should be able to demonstrate that the data
subject has given consent to the processing operation. In particular in
the context of a written declaration on another matter, safeguards
should ensure that the data subject is aware of the fact that and the
extent to which consent is given. In accordance with Council Directive
93/13/EEC (10) a declaration of consent pre-formulated by the
controller should be provided in an intelligible and easily accessible
form, using clear and plain language and it should not contain unfair
terms. For consent to be informed, the data subject should be aware at
least of the identity of the controller and the purposes of the
processing for which the personal data are intended. Consent should not
be regarded as freely given if the data subject has no genuine or free
choice or is unable to refuse or withdraw consent without detriment.</p>
<p id="r43">(43) In order to ensure that consent is freely given,
consent should not provide a valid legal ground for the processing of
personal data in a specific case where there is a clear imbalance
between the data subject and the controller, in particular where the
controller is a public authority and it is therefore unlikely that
consent was freely given in all the circumstances of that specific
situation. Consent is presumed not to be freely given if it does not
allow separate consent to be given to different personal data
processing operations despite it being appropriate in the individual
case, or if the performance of a contract, including the provision of a
service, is dependent on the consent despite such consent not being
necessary for such performance.</p>
<p id="r44">(44) Processing should be lawful where it is necessary in the context of a contract or the intention to enter into a contract.</p>
<p id="r45">(45) 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. This Regulation does
not require a specific law for each individual processing. A law as a
basis for several processing operations based on 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 an official authority may be sufficient. It should also be
for Union or Member State law to determine the purpose of processing.
Furthermore, that law could specify the general conditions of this
Regulation governing the lawfulness of personal data processing,
establish specifications for determining the controller, the type of
personal data which are subject to the processing, the data subjects
concerned, the entities to which the personal data may be disclosed,
the purpose limitations, the storage period and other measures to
ensure lawful and fair processing. It should also be for Union or
Member State law to determine whether the controller performing a task
carried out in the public interest or in the exercise of official
authority should be a public authority or another natural or legal
person governed by public law, or, where it is in the public interest
to do so, including for health purposes such as public health and
social protection and the management of health care services, by
private law, such as a professional association.</p>
<p id="r46">(46) The processing of personal data should also be
regarded to be lawful where it is necessary to protect an interest
which is essential for the life of the data subject or that of another
natural person. Processing of personal data based on the vital interest
of another natural person should in principle take place only where the
processing cannot be manifestly based on another legal basis. Some
types of processing may serve both important grounds of public interest
and the vital interests of the data subject as for instance when
processing is necessary for humanitarian purposes, including for
monitoring epidemics and their spread or in situations of humanitarian
emergencies, in particular in situations of natural and man-made
disasters.</p>
<p id="r47">(47) The legitimate interests of a controller, including
those of a controller to which the personal data may be disclosed, or
of a third party, may provide a legal basis for processing, provided
that the interests or the fundamental rights and freedoms of the data
subject are not overriding, taking into consideration the reasonable
expectations of data subjects based on their relationship with the
controller. Such legitimate interest could exist for example where
there is a relevant and appropriate relationship between the data
subject and the controller in situations such as where the data subject
is a client or in the service of the controller. At any rate the
existence of a legitimate interest would need careful assessment
including whether a data subject can reasonably expect at the time and
in the context of the collection of the personal data that processing
for that purpose may take place. The interests and fundamental rights
of the data subject could in particular override the interest of the
data controller where personal data are processed in circumstances
where data subjects do not reasonably expect further processing. Given
that it is for the legislator to provide by law for the legal basis for
public authorities to process personal data, that legal basis should
not apply to the processing by public authorities in the performance of
their tasks. The processing of personal data strictly necessary for the
purposes of preventing fraud also constitutes a legitimate interest of
the data controller concerned. The processing of personal data for
direct marketing purposes may be regarded as carried out for a
legitimate interest.</p>
<p id="r48">(48) Controllers 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. The general principles for the
transfer of personal data, within a group of undertakings, to an
undertaking located in a third country remain unaffected.</p>
<p id="r49">(49) The processing of personal data to the extent strictly
necessary and proportionate for the purposes of ensuring network and
information security, i.e. the ability of a network or an information
system to resist, at a given level of confidence, accidental events or
unlawful or malicious actions that compromise the availability,
authenticity, integrity and confidentiality of stored or transmitted
personal data, and the security of the related services offered by, or
accessible via, those networks and systems, by public authorities, by
computer emergency response teams (CERTs), computer security incident
response teams (CSIRTs), by providers of electronic communications
networks and services and by providers of security technologies and
services, constitutes a legitimate interest of the data controller
concerned. This could, for example, include preventing unauthorised
access to electronic communications networks and malicious code
distribution and stopping 'denial of service' attacks and damage to
computer and electronic communication systems.</p>
<p id="r50">(50) The processing of personal data for purposes other
than those for which the personal data were initially collected should
be allowed only where the processing is compatible with the purposes
for which the personal data were initially collected. In such a case,
no legal basis separate from that which allowed the collection of the
personal data is required. 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. Further processing for archiving purposes in the public
interest, scientific or historical research purposes or statistical
purposes should be considered to be compatible lawful processing
operations. The legal basis provided by Union or Member State law for
the processing of personal data may also provide a legal basis for
further processing. In order to ascertain whether a purpose of further
processing is compatible with the purpose for which the personal data
are initially collected, the controller, after having met all the
requirements for the lawfulness of the original processing, should take
into account, inter alia: any link between those purposes and the
purposes of the intended further processing; the context in which the
personal data have been collected, in particular the reasonable
expectations of data subjects based on their relationship with the
controller as to their further use; the nature of the personal data;
the consequences of the intended further processing for data subjects;
and the existence of appropriate safeguards in both the original and
intended further processing operations.</p>
<p>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. In any case, the
application of the principles set out in this Regulation and in
particular the information of the data subject on those other purposes
and on his or her rights including the right to object, should be
ensured. 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.
However, such transmission in the legitimate interest of the controller
or further processing of personal data should be prohibited if the
processing is not compatible with a legal, professional or other
binding obligation of secrecy.</p>
<p id="r51">(51) Personal data which are, by their nature, particularly
sensitive in relation to fundamental rights and freedoms merit specific
protection as the context of their processing could create significant
risks to the fundamental rights and freedoms. Those personal data
should include personal data revealing racial or ethnic origin, whereby
the use of the term 'racial origin' in this Regulation does not imply
an acceptance by the Union of theories which attempt to determine the
existence of separate human races. The processing of photographs should
not systematically be considered to be processing of special categories
of personal data as they are covered by the definition of biometric
data only when processed through a specific technical means allowing
the unique identification or authentication of a natural person. Such
personal data should not be processed, unless processing is allowed in
specific cases set out in this Regulation, taking into account that
Member States law may lay down specific provisions on data protection
in order to adapt the application of the rules of this Regulation for
compliance with a legal obligation or for the performance of a task
carried out in the public interest or in the exercise of official
authority vested in the controller. In addition to the specific
requirements for such processing, the general principles and other
rules of this Regulation should apply, in particular as regards the
conditions for lawful processing. Derogations from the general
prohibition for processing such special categories of personal data
should be explicitly provided, inter alia, where the data subject gives
his or her explicit consent or in respect of specific needs in
particular where the processing is carried out in the course of
legitimate activities by certain associations or foundations the
purpose of which is to permit the exercise of fundamental freedoms.</p>
<p id="r52">(52) Derogating from the prohibition on processing special
categories of personal data should also be allowed when provided for in
Union or Member State law and subject to suitable safeguards, so as to
protect personal data and other fundamental rights, where it is in the
public interest to do so, in particular processing personal data in the
field of employment law, social protection law including pensions and
for health security, monitoring and alert purposes, the prevention or
control of communicable diseases and other serious threats to health.
Such a derogation may be made for health purposes, including public
health and the management of health-care services, especially in order
to ensure the quality and cost-effectiveness of the procedures used for
settling claims for benefits and services in the health insurance
system, or for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes. A derogation
should also allow the processing of such personal data where necessary
for the establishment, exercise or defence of legal claims, whether in
court proceedings or in an administrative or out-of-court procedure.</p>
<p id="r53">(53) Special categories of personal data which merit higher
protection should be processed for health-related purposes only where
necessary to achieve those purposes for the benefit of natural persons
and society as a whole, in particular in the context of the management
of health or social care services and systems, including processing by
the management and central national health authorities of such data for
the purpose of quality control, management information and the general
national and local supervision of the health or social care system, and
ensuring continuity of health or social care and cross-border
healthcare or health security, monitoring and alert purposes, or for
archiving purposes in the public interest, scientific or historical
research purposes or statistical purposes, based on Union or Member
State law which has to meet an objective of public interest, as well as
for studies conducted in the public interest in the area of public
health. Therefore, this Regulation should provide for harmonised
conditions for the processing of special categories of personal data
concerning health, in respect of specific needs, in particular where
the processing of such data is carried out for certain health-related
purposes by persons subject to a legal obligation of professional
secrecy. Union or Member State law should provide for specific and
suitable measures so as to protect the fundamental rights and the
personal data of natural persons. Member States should be allowed to
maintain or introduce further conditions, including limitations, with
regard to the processing of genetic data, biometric data or data
concerning health. However, this should not hamper the free flow of
personal data within the Union when those conditions apply to
cross-border processing of such data.</p>
<p id="r54">(54) The processing of special categories of personal data
may be necessary for reasons of public interest in the areas of public
health without consent of the data subject. Such processing should be
subject to suitable and specific measures so as to protect the rights
and freedoms of natural persons. In that context, 'public health'
should be interpreted as defined in Regulation (EC) No 1338/2008 of the
European Parliament and of the Council (11), namely all elements
related to health, namely health status, including morbidity and
disability, the determinants having an effect on that health status,
health care needs, resources allocated to health care, the provision
of, and universal access to, health care as well as health care
expenditure and financing, and the causes of mortality. Such processing
of data concerning health for reasons of public interest should not
result in personal data being processed for other purposes by third
parties such as employers or insurance and banking companies.</p>
<p id="r55">(55) 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.</p>
<p id="r56">(56) Where in the course of electoral activities, the
operation of the democratic system in a Member State requires that
political parties compile personal data on people's political opinions,
the processing of such data may be permitted for reasons of public
interest, provided that appropriate safeguards are established.</p>
<p id="r57">(57) 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. However, the controller should not refuse
to take additional information provided by the data subject in order to
support the exercise of his or her rights. Identification should
include the digital identification of a data subject, for example
through authentication mechanism such as the same credentials, used by
the data subject to log-in to the on-line service offered by the data
controller.</p>
<p id="r58">(58) The principle of transparency requires that any
information addressed to the public or to the data subject be concise,
easily accessible and easy to understand, and that clear and plain
language and, additionally, where appropriate, visualisation be used.
Such information could be provided in electronic form, for example,
when addressed to the public, through a website. This is of particular
relevance in situations where the proliferation of actors and the
technological complexity of practice make it difficult for the data
subject to know and understand whether, by whom and for what purpose
personal data relating to him or her are being collected, such as in
the case of online advertising. Given that children merit specific
protection, any information and communication, where processing is
addressed to a child, should be in such a clear and plain language that
the child can easily understand.</p>
<p id="r59">(59) Modalities should be provided for facilitating the
exercise of the data subject's rights under this Regulation, including
mechanisms to request and, if applicable, obtain, free of charge, in
particular, access to and rectification or erasure of personal data and
the exercise of the right to object. The controller should also provide
means for requests to be made electronically, especially where personal
data are processed by electronic means. The controller should be
obliged to respond to requests from the data subject without undue
delay and at the latest within one month and to give reasons where the
controller does not intend to comply with any such requests.</p>
<p id="r60">(60) The principles of fair and transparent processing
require that the data subject be informed of the existence of the
processing operation and its purposes. The controller should provide
the data subject with any further information necessary to ensure fair
and transparent processing taking into account the specific
circumstances and context in which the personal data are processed.
Furthermore, the data subject should be informed of the existence of
profiling and the consequences of such profiling. Where the personal
data are collected from the data subject, the data subject should also
be informed whether he or she is obliged to provide the personal data
and of the consequences, where he or she does not provide such data.
That information may be provided in combination with standardised icons
in order to give in an easily visible, intelligible and clearly legible
manner, a meaningful overview of the intended processing. Where the
icons are presented electronically, they should be machine-readable.</p>
<p id="r61">(61) The information in relation to the processing of
personal data relating to the data subject should be given to him or
her at the time of collection from the data subject, or, where the
personal data are obtained from another source, within a reasonable
period, depending on the circumstances of the case. Where personal data
can be legitimately disclosed to another recipient, the data subject
should be informed when the personal data are first disclosed to the
recipient. Where the controller intends to process the personal data
for a purpose other than that for which they were collected, the
controller should provide the data subject prior to that further
processing with information on that other purpose and other necessary
information. Where the origin of the personal data cannot be provided
to the data subject because various sources have been used, general
information should be provided.</p>
<p id="r62">(62) However, it is not necessary to impose the obligation
to provide information where the data subject already possesses the
information, where the recording or disclosure of the personal data is
expressly laid down by law or where the provision of information to the
data subject proves to be impossible or would involve a
disproportionate effort. The latter could in particular be the case
where processing is carried out for archiving purposes in the public
interest, scientific or historical research purposes or statistical
purposes. In that regard, the number of data subjects, the age of the
data and any appropriate safeguards adopted should be taken into
consideration.</p>
<p id="r63">(63) A data subject should have the right of access to
personal data which have been collected concerning him or her, and to
exercise that right easily and at reasonable intervals, in order to be
aware of, and verify, the lawfulness of the processing. This includes
the right for data subjects to have access to data concerning their
health, for example the data in their medical records containing
information such as diagnoses, examination results, assessments by
treating physicians and any treatment or interventions provided. Every
data subject should therefore have the right to know and obtain
communication in particular with regard to the purposes for which the
personal data are processed, where possible the period for which the
personal data are processed, the recipients of the personal data, the
logic involved in any automatic personal data processing and, at least
when based on profiling, the consequences of such processing. Where
possible, the controller should be able to provide remote access to a
secure system which would provide the data subject with direct access
to his or her personal data. That right should not adversely affect the
rights or freedoms of others, including trade secrets or intellectual
property and in particular the copyright protecting the software.
However, the result of those considerations should not be a refusal to
provide all information to the data subject. Where the controller
processes a large quantity of information concerning the data subject,
the controller should be able to request that, before the information
is delivered, the data subject specify the information or processing
activities to which the request relates.</p>
<p id="r64">(64) The controller should use all reasonable measures to
verify the identity of a data subject who requests access, in
particular in the context of online services and online identifiers. A
controller should not retain personal data for the sole purpose of
being able to react to potential requests.</p>
<p id="r65">(65) A data subject should have the right to have personal
data concerning him or her rectified and a 'right to be forgotten'
where the retention of such data infringes this Regulation or Union or
Member State law to which the controller is subject. In particular, a
data subject should have the right to have his or her personal data
erased and no longer processed where the personal data are no longer
necessary in relation to the purposes for which they are collected or
otherwise processed, where a data subject has withdrawn his or her
consent or objects to the processing of personal data concerning him or
her, or where the processing of his or her personal data does not
otherwise comply with this Regulation. That right is relevant in
particular where the data subject has given his or her consent as a
child and is not fully aware of the risks involved by the processing,
and later wants to remove such personal data, especially on the
internet. The data subject should be able to exercise that right
notwithstanding the fact that he or she is no longer a child. However,
the further retention of the personal data should be lawful where it is
necessary, for exercising the right of freedom of expression and
information, for compliance with a legal obligation, for the
performance of a task carried out in the public interest or in the
exercise of official authority vested in the controller, on the grounds
of public interest in the area of public health, for archiving purposes
in the public interest, scientific or historical research purposes or
statistical purposes, or for the establishment, exercise or defence of
legal claims.</p>
<p id="r66">(66) To strengthen the right to be forgotten in the online
environment, the right to erasure should also be extended in such a way
that a controller who has made the personal data public should be
obliged to inform the controllers which are processing such personal
data to erase any links to, or copies or replications of those personal
data. In doing so, that controller should take reasonable steps, taking
into account available technology and the means available to the
controller, including technical measures, to inform the controllers
which are processing the personal data of the data subject's request.</p>
<p id="r67">(67) 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. In automated filing systems, the restriction of
processing should in principle be ensured by technical means in such a
manner that the personal data are not subject to further processing
operations and cannot be changed. The fact that the processing of
personal data is restricted should be clearly indicated in the system.</p>
<p id="r68">(68) To further strengthen the control over his or her own
data, where the processing of personal data is carried out by automated
means, the data subject should also be allowed to receive personal data
concerning him or her which he or she has provided to a controller in a
structured, commonly used, machine-readable and interoperable format,
and to transmit it to another controller. Data controllers should be
encouraged to develop interoperable formats that enable data
portability. That right should apply where the data subject provided
the personal data on the basis of his or her consent or the processing
is necessary for the performance of a contract. It should not apply
where processing is based on a legal ground other than consent or
contract. By its very nature, that right should not be exercised
against controllers processing personal data in the exercise of their
public duties. It should therefore not apply where the processing of
the personal data is necessary for compliance with a legal obligation
to which the controller is subject or for the performance of a task
carried out in the public interest or in the exercise of an official
authority vested in the controller. The data subject's right to
transmit or receive personal data concerning him or her should not
create an obligation for the controllers to adopt or maintain
processing systems which are technically compatible. Where, in a
certain set of personal data, more than one data subject is concerned,
the right to receive the personal data should be without prejudice to
the rights and freedoms of other data subjects in accordance with this
Regulation. Furthermore, that right should not prejudice the right of
the data subject to obtain the erasure of personal data and the
limitations of that right as set out in this Regulation and should, in
particular, not imply the erasure of personal data concerning the data
subject which have been provided by him or her for the performance of a
contract to the extent that and for as long as the personal data are
necessary for the performance of that contract. Where technically
feasible, the data subject should have the right to have the personal
data transmitted directly from one controller to another.</p>
<p id="r69">(69) Where personal data might lawfully be processed
because 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, or on grounds of the legitimate interests of
a controller or a third party, a data subject should, nevertheless, be
entitled to object to the processing of any personal data relating to
his or her particular situation. It should be for the controller to
demonstrate that its compelling legitimate interest overrides the
interests or the fundamental rights and freedoms of the data subject.</p>
<p id="r70">(70) Where personal data are processed for the purposes of
direct marketing, the data subject should have the right to object to
such processing, including profiling to the extent that it is related
to such direct marketing, whether with regard to initial or further
processing, at any time and free of charge. That right should be
explicitly brought to the attention of the data subject and presented
clearly and separately from any other information.</p>
<p id="r71">(71) The 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 an online credit application or e-recruiting practices without any
human intervention. Such processing includes 'profiling' that consists
of any form of automated processing of personal data evaluating the
personal aspects relating to a natural person, in particular to analyse
or predict aspects concerning the data subject's performance at work,
economic situation, health, personal preferences or interests,
reliability or behaviour, location or movements, where it produces
legal effects concerning him or her or similarly significantly affects
him or her. However, decision-making based on such processing,
including profiling, should be allowed where expressly authorised by
Union or Member State law to which the controller is subject, including
for fraud and tax-evasion monitoring and prevention purposes conducted
in accordance with the regulations, standards and recommendations of
Union institutions or national oversight bodies and to ensure the
security and reliability of a service provided by the controller, or
necessary for the entering or performance of a contract between the
data subject and a controller, or when the data subject has given his
or her explicit consent. In any case, such processing should be subject
to suitable safeguards, which should include specific information to
the data subject and the right to obtain human intervention, to express
his or her point of view, to obtain an explanation of the decision
reached after such assessment and to challenge the decision. Such
measure should not concern a child.</p>
<p>In order to ensure fair and transparent processing in respect of the
data subject, taking into account the specific circumstances and
context in which the personal data are processed, the controller should
use appropriate mathematical or statistical procedures for the
profiling, implement technical and organisational measures appropriate
to ensure, in particular, that factors which result in inaccuracies in
personal data are corrected and the risk of errors is minimised, secure
personal data in a manner that takes account of the potential risks
involved for the interests and rights of the data subject<span style="color: red;">,</span> and <del>that</del> prevents,
inter alia, discriminatory effects on natural persons on the basis of
racial or ethnic origin, political opinion, religion or beliefs, trade
union membership, genetic or health status or sexual orientation,
or <span style="color: red;">processing</span> that result<span style="color: red;">s</span> in
measures having such an effect. Automated decision-making and profiling
based on special categories of personal data should be allowed only
under specific conditions.</p>
<p id="r72">(72) Profiling is subject to the rules of this Regulation
governing the processing of personal data, such as the legal grounds
for processing or data protection principles. The European Data
Protection Board established by this Regulation (the 'Board') should be
able to issue guidance in that context.</p>
<p id="r73">(73) Restrictions concerning specific principles and the
rights of information, access to and rectification or erasure of
personal data, the right to data portability, the right to object,
decisions based on profiling, as well as the communication of a
personal data breach to a data subject and certain related obligations
of the controllers may be imposed by Union or Member State law, as far
as necessary and proportionate in a democratic society to safeguard
public security, including the protection of human life especially in
response to natural or manmade disasters, the prevention, investigation
and prosecution of criminal offences or the execution of criminal
penalties, including the safeguarding against and the prevention of
threats to public security, or of breaches of ethics for regulated
professions, other important objectives of general public interest of
the Union or of a Member State, in particular an important economic or
financial interest of the Union or of a Member State, the keeping of
public registers kept for reasons of general public interest, further
processing of archived personal data to provide specific information
related to the political behaviour under former totalitarian state
regimes or the protection of the data subject or the rights and
freedoms of others, including social protection, public health and
humanitarian purposes. Those restrictions should be in accordance with
the requirements set out in the Charter and in the European Convention
for the Protection of Human Rights and Fundamental Freedoms.</p>
<p id="r74">(74) 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. In particular, the
controller should be obliged to implement appropriate and effective
measures and be able to demonstrate the compliance of processing
activities with this Regulation, including the effectiveness of the
measures. Those measures should take into account the nature, scope,
context and purposes of the processing and the risk to the rights and
freedoms of natural persons.</p>
<p id="r75">(75) The risk to the rights and freedoms of natural
persons, of varying likelihood and severity, may result from personal
data processing which could lead to physical, material or non-material
damage, in particular: where the processing may give rise to
discrimination, identity theft or fraud, financial loss, damage to the
reputation, loss of confidentiality of personal data protected by
professional secrecy, unauthorised reversal of pseudonymisation, or any
other significant economic or social disadvantage; where data subjects
might be deprived of their rights and freedoms or prevented from
exercising control over their personal data; where personal data are
processed which reveal racial or ethnic origin, political opinions,
religion or philosophical beliefs, trade union membership, and the
processing of genetic data, data concerning health or data concerning
sex life or criminal convictions and offences or related security
measures; where personal aspects are evaluated, in particular analysing
or predicting aspects concerning performance at work, economic
situation, health, personal preferences or interests, reliability or
behaviour, location or movements, in order to create or use personal
profiles; where personal data of vulnerable natural persons, in
particular of children, are processed; or where processing involves a
large amount of personal data and affects a large number of data
subjects.</p>
<p id="r76">(76) The likelihood and severity of the risk to the rights
and freedoms of the data subject should be determined by reference to
the nature, scope, context and purposes of the processing. 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.</p>
<p id="r77">(77) Guidance on the implementation of appropriate measures
and on the demonstration of compliance by the controller or the
processor, especially as regards the identification of the risk related
to the processing, their assessment in terms of origin, nature,
likelihood and severity, and the identification of best practices to
mitigate the risk, could be provided in particular by means of approved
codes of conduct, approved certifications, guidelines provided by the
Board or indications provided by a data protection officer. The Board
may also issue guidelines on processing operations that are considered
to be unlikely to result in a high risk to the rights and freedoms of
natural persons and indicate what measures may be sufficient in such
cases to address such risk.</p>
<p id="r78">(78) The protection of the rights and freedoms of natural
persons with regard to the processing of personal data require that
appropriate technical and organisational measures be taken to ensure
that the requirements of this Regulation are met. In order to be able
to demonstrate compliance with this Regulation, the controller should
adopt internal policies and implement measures which meet in particular
the principles of data protection by design and data protection by
default. Such measures could consist, inter alia, of minimising the
processing of personal data, pseudonymising personal data as soon as
possible, transparency with regard to the functions and processing of
personal data, enabling the data subject to monitor the data
processing, enabling the controller to create and improve security
features. When developing, designing, selecting and using applications,
services and products that are based on the processing of personal data
or process personal data to fulfil their task, producers of the
products, services and applications should be encouraged to take into
account the right to data protection when developing and designing such
products, services and applications and, with due regard to the state
of the art, to make sure that controllers and processors are able to
fulfil their data protection obligations. The principles of data
protection by design and by default should also be taken into
consideration in the context of public tenders.</p>
<p id="r79">(79) The protection of the rights and freedoms of data
subjects as well as the responsibility and liability of controllers and
processors, also in relation to the monitoring by and measures of
supervisory authorities, requires a clear allocation of the
responsibilities under this Regulation, including where a controller
determines the purposes and means of the processing jointly with other
controllers or where a processing operation is carried out on behalf of
a controller.</p>
<p id="r80">(80) Where a controller or a processor not established in
the Union is processing personal data of data subjects who are in the
Union whose processing activities are related to the offering of goods
or services, irrespective of whether a payment of the data subject is
required, to such data subjects in the Union, or to the monitoring of
their behaviour as far as their behaviour takes place within the Union,
the controller or the processor should designate a representative,
unless the processing is occasional, does not include processing, on a
large scale, of special categories of personal data or the processing
of personal data relating to criminal convictions and offences, and is
unlikely to result in a risk to the rights and freedoms of natural
persons, taking into account the nature, context, scope and purposes of
the processing or if the controller is a public authority or body. The
representative should act on behalf of the controller or the processor
and may be addressed by any supervisory authority. The representative
should be explicitly designated by a written mandate of the controller
or of the processor to act on its behalf with regard to its obligations
under this Regulation. The designation of such a representative does
not affect the responsibility or liability of the controller or of the
processor under this Regulation. Such a representative should perform
its tasks according to the mandate received from the controller or
processor, including cooperating with the competent supervisory
authorities with regard to any action taken to ensure compliance with
this Regulation. The designated representative should be subject to
enforcement proceedings in the event of non-compliance by the
controller or processor.</p>
<p id="r81">(81) To ensure compliance with the requirements of this
Regulation in respect of the processing to be carried out by the
processor on behalf of the controller, when entrusting a processor with
processing activities, the controller should use only processors
providing sufficient guarantees, in particular in terms of expert
knowledge, reliability and resources, to implement technical and
organisational measures which will meet the requirements of this
Regulation, including for the security of processing. 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. The carrying-out of
processing by a processor should be governed by a contract or other
legal act under Union or Member State law, binding the processor to the
controller, setting out the subject-matter and duration of the
processing, the nature and purposes of the processing, the type of
personal data and categories of data subjects, taking into account the
specific tasks and responsibilities of the processor in the context of
the processing to be carried out and the risk to the rights and
freedoms of the data subject. The controller and processor may choose
to use an individual contract or standard contractual clauses which are
adopted either directly by the Commission or by a supervisory authority
in accordance with the consistency mechanism and then adopted by the
Commission. 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.</p>
<p id="r82">(82) In order to demonstrate compliance with this
Regulation, the controller or processor should maintain records of
processing activities under its responsibility. Each controller and
processor should be obliged to cooperate with the supervisory authority
and make those records, on request, available to it, so that it might
serve for monitoring those processing operations.</p>
<p id="r83">(83) In order to maintain security and to prevent
processing in infringement of this Regulation, the controller or
processor should evaluate the risks inherent in the processing and
implement measures to mitigate those risks, such as encryption. Those
measures should ensure an appropriate level of security, including
confidentiality, taking into account the state of the art and the costs
of implementation in relation to the risks and the nature of the
personal data to be protected. In assessing data security risk,
consideration should be given to the risks that are presented by
personal data processing, such as accidental or unlawful destruction,
loss, alteration, unauthorised disclosure of, or access to, personal
data transmitted, stored or otherwise processed which may in particular
lead to physical, material or non-material damage.</p>
<p id="r84">(84) In order to enhance compliance with this Regulation
where processing operations are likely to result in a high risk to the
rights and freedoms of natural persons, the controller should be
responsible for the carrying-out of a data protection impact assessment
to evaluate, in particular, the origin, nature, particularity and
severity of that risk. The outcome of the assessment should be taken
into account when determining the appropriate measures to be taken in
order to demonstrate that the processing of personal data complies with
this Regulation. Where a data-protection impact assessment indicates
that processing operations involve a high risk which the controller
cannot mitigate by appropriate measures in terms of available
technology and costs of implementation, a consultation of the
supervisory authority should take place prior to the processing.</p>
<p id="r85">(85) A personal data breach may, if not addressed in an
appropriate and timely manner, result in physical, material or
non-material damage to natural persons such as loss of control over
their personal data or limitation of their rights, discrimination,
identity theft or fraud, financial loss, unauthorised reversal of
pseudonymisation, damage to reputation, loss of confidentiality of
personal data protected by professional secrecy or any other
significant economic or social disadvantage to the natural person
concerned. Therefore, as soon as the controller becomes aware that a
personal data breach has occurred, the controller should notify the
personal data breach to the supervisory authority without undue delay
and, where feasible, not later than 72 hours after having become aware
of it, unless the controller is able to demonstrate, in accordance with
the accountability principle, that the personal data breach is unlikely
to result in a risk to the rights and freedoms of natural persons.
Where such notification cannot be achieved within 72 hours, the reasons
for the delay should accompany the notification and information may be
provided in phases without undue further delay.</p>
<p id="r86">(86) 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. The communication should describe the nature of the
personal data breach as well as recommendations for the natural person
concerned to mitigate potential adverse effects. Such communications to
data subjects should be made as soon as reasonably feasible and in
close cooperation with the supervisory authority, respecting guidance
provided by it or by other relevant authorities such as law-enforcement
authorities. For example, the need to mitigate an immediate risk of
damage would call for prompt communication with data subjects whereas
the need to implement appropriate measures against continuing or
similar personal data breaches may justify more time for communication.</p>
<p id="r87">(87) It should be ascertained whether all appropriate
technological protection and organisational measures have been
implemented to establish immediately whether a personal data breach has
taken place and to inform promptly the supervisory authority and the
data subject. The fact that the notification was made without undue
delay should be established taking into account in particular the
nature and gravity of the personal data breach and its consequences and
adverse effects for the data subject. Such notification may result in
an intervention of the supervisory authority in accordance with its
tasks and powers laid down in this Regulation.</p>
<p id="r88">(88) In setting detailed rules concerning the format and
procedures applicable to the notification of personal data breaches,
due consideration should be given to the circumstances of that breach,
including whether or not personal data had been protected by
appropriate technical protection measures, effectively limiting the
likelihood of identity fraud or other forms of misuse. 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.</p>
<p id="r89">(89) Directive 95/46/EC provided for a general obligation
to notify the processing of personal data to the supervisory
authorities. While that obligation produces administrative and
financial burdens, it did not in all cases contribute to improving the
protection of personal data. Such indiscriminate general notification
obligations should therefore be abolished, and replaced by effective
procedures and mechanisms which focus instead on those types of
processing operations which are likely to result in a high risk to the
rights and freedoms of natural persons by virtue of their nature,
scope, context and purposes. Such types of processing operations may be
those which in, particular, involve using new technologies, or are of a
new kind and where no data protection impact assessment has been
carried out before by the controller, or where they become necessary in
the light of the time that has elapsed since the initial processing.</p>
<p id="r90">(90) 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. That impact assessment
should include, in particular, the measures, safeguards and mechanisms
envisaged for mitigating that risk, ensuring the protection of personal
data and demonstrating compliance with this Regulation.</p>
<p id="r91">(91) This should in particular apply to large-scale
processing operations which aim to process a considerable amount of
personal data at regional, national or supranational level and which
could affect a large number of data subjects and which are likely to
result in a high risk, for example, on account of their sensitivity,
where in accordance with the achieved state of technological knowledge
a new technology is used on a large scale as well as to other
processing operations which result in a high risk to the rights and
freedoms of data subjects, in particular where those operations render
it more difficult for data subjects to exercise their rights. A data
protection impact assessment should also be made where personal data
are processed for taking decisions regarding specific natural persons
following any systematic and extensive evaluation of personal aspects
relating to natural persons based on profiling those data or following
the processing of special categories of personal data, biometric data,
or data on criminal convictions and offences or related security
measures. A data protection impact assessment is equally required for
monitoring publicly accessible areas on a large scale, especially when
using optic-electronic devices or for any other operations where the
competent supervisory authority considers that the processing is likely
to result in a high risk to the rights and freedoms of data subjects,
in particular because they prevent data subjects from exercising a
right or using a service or a contract, or because they are carried out
systematically on a large scale. The processing of personal data should
not be considered to be on a large scale if the processing concerns
personal data from patients or clients by an individual physician,
other health care professional or lawyer. In such cases, a data
protection impact assessment should not be mandatory.</p>
<p id="r92">(92) There are circumstances under which it may be
reasonable and economical for the subject of a data protection impact
assessment to be broader than a single project, for example where
public authorities or bodies intend to establish a common application
or processing platform or where several controllers plan to introduce a
common application or processing environment across an industry sector
or segment or for a widely used horizontal activity.</p>
<p id="r93">(93) In the context of the adoption of the Member State law
on which the performance of the tasks of the public authority or public
body is based and which regulates the specific processing operation or
set of operations in question, Member States may deem it necessary to
carry out such assessment prior to the processing activities.</p>
<p id="r94">(94) Where a data protection impact assessment indicates
that the processing would, in the absence of safeguards, security
measures and mechanisms to mitigate the risk, result in a high risk to
the rights and freedoms of natural persons and the controller is of the
opinion that the risk cannot be mitigated by reasonable means in terms
of available technologies and costs of implementation, the supervisory
authority should be consulted prior to the start of processing
activities. Such high risk is likely to result from certain types of
processing and the extent and frequency of processing, which may result
also in a realisation of damage or interference with the rights and
freedoms of the natural person. The supervisory authority should
respond to the request for consultation within a specified period.
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. As part of that consultation process, the outcome of a data
protection impact assessment carried out with regard to the processing
at issue may be submitted to the supervisory authority, in particular
the measures envisaged to mitigate the risk to the rights and freedoms
of natural persons.</p>
<p id="r95">(95) The processor should assist the controller, where
necessary and upon request, in ensuring compliance with the obligations
deriving from the carrying out of data protection impact assessments
and from prior consultation of the supervisory authority.</p>
<p id="r96">(96) A consultation of the supervisory authority should
also take place in the course of the preparation of a legislative or
regulatory measure which provides for the processing of personal data,
in order to ensure compliance of the intended processing with this
Regulation and in particular to mitigate the risk involved for the data
subject.</p>
<p id="r97">(97) Where the processing is carried out by a public
authority, except for courts or independent judicial authorities when
acting in their judicial capacity, where, in the private sector,
processing is carried out by a controller whose core activities consist
of processing operations that require regular and systematic monitoring
of the data subjects on a large scale, or where the core activities of
the controller or the processor consist of processing on a large scale
of special categories of personal data and data relating to criminal
convictions and offences, a person with expert knowledge of data
protection law and practices should assist the controller or processor
to monitor internal compliance with this Regulation. In the private
sector, the core activities of a controller relate to its primary
activities and do not relate to the processing of personal data as
ancillary activities. The necessary level of expert knowledge should be
determined in particular according to the data processing operations
carried out and the protection required for the personal data processed
by the controller or the processor. Such data protection officers,
whether or not they are an employee of the controller, should be in a
position to perform their duties and tasks in an independent manner.</p>
<p id="r98">(98) Associations or other bodies representing categories
of controllers or processors should be encouraged to draw up codes of
conduct, within the limits of this Regulation, so as to facilitate the
effective application of this Regulation, taking account of the
specific characteristics of the processing carried out in certain
sectors and the specific needs of micro, small and medium enterprises.
In particular, such codes of conduct could calibrate the obligations of
controllers and processors, taking into account the risk likely to
result from the processing for the rights and freedoms of natural
persons.</p>
<p id="r99">(99) When drawing up a code of conduct, or when amending or
extending such a code, associations and other bodies representing
categories of controllers or processors should consult relevant
stakeholders, including data subjects where feasible, and have regard
to submissions received and views expressed in response to such
consultations.</p>
<p id="r100">(100) 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.</p>
<p id="r101">(101) Flows of personal data to and from countries outside
the Union and international organisations are necessary for the
expansion of international trade and international cooperation. The
increase in such flows has raised new challenges and concerns with
regard to the protection of personal data. However, when personal data
are transferred from the Union to controllers, processors or other
recipients in third countries or to international organisations, the
level of protection of natural persons ensured in the Union by this
Regulation should not be undermined, including in cases of onward
transfers of personal data from the third country or international
organisation to controllers, processors in the same or another third
country or international organisation. In any event, transfers to third
countries and international organisations may only be carried out in
full compliance with this Regulation. A transfer could take place only
if, subject to the other provisions of this Regulation, the conditions
laid down in the provisions of this Regulation relating to the transfer
of personal data to third countries or international organisations are
complied with by the controller or processor.</p>
<p id="r102">(102) This Regulation is without prejudice to
international agreements concluded between the Union and third
countries regulating the transfer of personal data including
appropriate safeguards for the data subjects. Member States may
conclude international agreements which involve the transfer of
personal data to third countries or international organisations, as far
as such agreements do not affect this Regulation or any other
provisions of Union law and include an appropriate level of protection
for the fundamental rights of the data subjects.</p>
<p id="r103">(103) The Commission may decide with effect for the entire
Union that a third country, a territory or specified sector within a
third country, or an international organisation, offers an adequate
level of data protection, thus providing legal certainty and uniformity
throughout the Union as regards the third country or international
organisation which is considered to provide such level of protection.
In such cases, transfers of personal data to that third country or
international organisation may take place without the need to obtain
any further authorisation. The Commission may also decide, having given
notice and a full statement setting out the reasons to the third
country or international organisation, to revoke such a decision.</p>
<p id="r104">(104) 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. The adoption of an adequacy decision with regard to a
territory or a specified sector in a third country should take into
account clear and objective criteria, such as specific processing
activities and the scope of applicable legal standards and legislation
in force in the third country. The third country should offer
guarantees ensuring an adequate level of protection essentially
equivalent to that ensured within the Union, in particular where
personal data are processed in one or several specific sectors. In
particular, the third country should ensure effective independent data
protection supervision and should provide for cooperation mechanisms
with the Member States' data protection authorities, and the data
subjects should be provided with effective and enforceable rights and
effective administrative and judicial redress.</p>
<p id="r105">(105) Apart from the international commitments the third
country or international organisation has entered into, the Commission
should take account of obligations arising from the third country's or
international organisation's participation in multilateral or regional
systems in particular in relation to the protection of personal data,
as well as the implementation of such obligations. In particular, the
third country's accession to the Council of Europe Convention of 28
January 1981 for the Protection of Individuals with regard to the
Automatic Processing of Personal Data and its Additional Protocol
should be taken into account. The Commission should consult the Board
when assessing the level of protection in third countries or
international organisations.</p>
<p id="r106">(106) The Commission should monitor the functioning of
decisions on the level of protection in a third country, a territory or
specified sector within a third country, or an international
organisation, and monitor the functioning of decisions adopted on the
basis of Article 25(6) or Article 26(4) of Directive 95/46/EC. In its
adequacy decisions, the Commission should provide for a periodic review
mechanism of their functioning. That periodic review should be
conducted in consultation with the third country or international
organisation in question and take into account all relevant
developments in the third country or international organisation. For
the purposes of monitoring and of carrying out the periodic reviews,
the Commission should take into consideration the views and findings of
the European Parliament and of the Council as well as of other relevant
bodies and sources. The Commission should evaluate, within a reasonable
time, the functioning of the latter decisions and report any relevant
findings to the Committee within the meaning of Regulation (EU) No
182/2011 of the European Parliament and of the Council (12) as
established under this Regulation, to the European Parliament and to
the Council.</p>
<p id="r107">(107) The Commission may recognise that a third country, a
territory or a specified sector within a third country, or an
international organisation no longer ensures an adequate level of data
protection. Consequently the transfer of personal data to that third
country or international organisation should be prohibited, unless the
requirements in this Regulation relating to transfers subject to
appropriate safeguards, including binding corporate rules, and
derogations for specific situations are fulfilled. In that case,
provision should be made for consultations between the Commission and
such third countries or international organisations. The Commission
should, in a timely manner, inform the third country or international
organisation of the reasons and enter into consultations with it in
order to remedy the situation.</p>
<p id="r108">(108) In the absence of an adequacy decision, the
controller or processor should take measures to compensate for the lack
of data protection in a third country by way of appropriate safeguards
for the data subject. Such appropriate safeguards may consist of making
use of binding corporate rules, standard data protection clauses
adopted by the Commission, standard data protection clauses adopted by
a supervisory authority or contractual clauses authorised by a
supervisory authority. Those safeguards should ensure compliance with
data protection requirements and the rights of the data subjects
appropriate to processing within the Union, including the availability
of enforceable data subject rights and of effective legal remedies,
including to obtain effective administrative or judicial redress and to
claim compensation, in the Union or in a third country. They should
relate in particular to compliance with the general principles relating
to personal data processing, the principles of data protection by
design and by default. Transfers may also be carried out by public
authorities or bodies with public authorities or bodies in third
countries or with international organisations with corresponding duties
or functions, including on the basis of provisions to be inserted into
administrative arrangements, such as a memorandum of understanding,
providing for enforceable and effective rights for data subjects.
Authorisation by the competent supervisory authority should be obtained
when the safeguards are provided for in administrative arrangements
that are not legally binding.</p>
<p id="r109">(109) The possibility for the controller or processor to
use standard data-protection clauses adopted by the Commission or by a
supervisory authority should prevent controllers or processors neither
from including the standard data-protection clauses in a wider
contract, such as a contract between the processor and another
processor, nor from adding other clauses or additional safeguards
provided that they do not contradict, directly or indirectly, the
standard contractual clauses adopted by the Commission or by a
supervisory authority or prejudice the fundamental rights or freedoms
of the data subjects. Controllers and processors should be encouraged
to provide additional safeguards via contractual commitments that
supplement standard protection clauses.</p>
<p id="r110">(110) A group of undertakings, or a group of enterprises
engaged in a joint economic activity, should be able to make use of
approved binding corporate rules for its international transfers from
the Union to organisations within the same group of undertakings, or
group of enterprises engaged in a joint economic activity, provided
that such corporate rules include all essential principles and
enforceable rights to ensure appropriate safeguards for transfers or
categories of transfers of personal data.</p>
<p id="r111">(111) Provisions should be made for the possibility for
transfers in certain circumstances where the data subject has given his
or her explicit consent, where the transfer is occasional and necessary
in relation to a contract or a legal claim, regardless of whether in a
judicial procedure or whether in an administrative or any out-of-court
procedure, including procedures before regulatory bodies. Provision
should also be made for the possibility for transfers where important
grounds of public interest laid down by Union or Member State law so
require or where the transfer is made from a register established by
law and intended for consultation by the public or persons having a
legitimate interest. In the latter case, such a transfer should not
involve the entirety of the personal data or entire categories of the
data contained in the register and, when the register is intended for
consultation by persons having a legitimate interest, the transfer
should be made only at the request of those persons or, if they are to
be the recipients, taking into full account the interests and
fundamental rights of the data subject.</p>
<p id="r112">(112) Those derogations should in particular apply to data
transfers required and necessary for important reasons of public
interest, for example in cases of international data exchange between
competition authorities, tax or customs administrations, between
financial supervisory authorities, between services competent for
social security matters, or for public health, for example in the case
of contact tracing for contagious diseases or in order to reduce and/or
eliminate doping in sport. 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. In the absence of an adequacy decision,
Union or Member State 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. Member
States should notify such provisions to the Commission. Any transfer to
an international humanitarian organisation of personal data of a data
subject who is physically or legally incapable of giving consent, with
a view to accomplishing a task incumbent under the Geneva Conventions
or to complying with international humanitarian law applicable in armed
conflicts, could be considered to be necessary for an important reason
of public interest or because it is in the vital interest of the data
subject.</p>
<p id="r113">(113) Transfers which can be qualified as not repetitive
and that only concern a limited number of data subjects, could also be
possible for the purposes of the compelling legitimate interests
pursued by the controller, when those interests are not overridden by
the interests or rights and freedoms of the data subject and when the
controller has assessed all the circumstances surrounding the data
transfer. The controller should give particular consideration to the
nature of the personal data, the purpose and duration of the proposed
processing operation or operations, as well as the situation in the
country of origin, the third country and the country of final
destination, and should provide suitable safeguards to protect
fundamental rights and freedoms of natural persons with regard to the
processing of their personal data. Such transfers should be possible
only in residual cases where none of the other grounds for transfer are
applicable. For scientific or historical research purposes or
statistical purposes, the legitimate expectations of society for an
increase of knowledge should be taken into consideration. The
controller should inform the supervisory authority and the data subject
about the transfer.</p>
<p id="r114">(114) In any case, where the Commission has taken no
decision on the adequate level of data protection in a third country,
the controller or processor should make use of solutions that provide
data subjects with enforceable and effective rights as regards the
processing of their data in the Union once those data have been
transferred so that that they will continue to benefit from fundamental
rights and safeguards.</p>
<p id="r115">(115) Some third countries adopt laws, regulations and
other legal acts which purport to directly regulate the processing
activities of natural and legal persons under the jurisdiction of the
Member States. This may include judgments of courts or tribunals or
decisions of administrative authorities in third countries requiring a
controller or processor to transfer or disclose personal data, and
which are not based on an international agreement, such as a mutual
legal assistance treaty, in force between the requesting third country
and the Union or a Member State. 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. Transfers
should only be allowed where the conditions of this Regulation for a
transfer to third countries are met. This may be the case, inter alia,
where disclosure is necessary for an important ground of public
interest recognised in Union or Member State law to which the
controller is subject.</p>
<p id="r116">(116) When personal data moves across borders outside the
Union it may put at increased risk the ability of natural persons to
exercise data protection rights in particular to protect themselves
from the unlawful use or disclosure of that information. At the same
time, supervisory authorities may find that they are unable to pursue
complaints or conduct investigations relating to the activities outside
their borders. Their efforts to work together in the cross-border
context may also be hampered by insufficient preventative or remedial
powers, inconsistent legal regimes, and practical obstacles like
resource constraints. Therefore, there is a need to promote closer
cooperation among data protection supervisory authorities to help them
exchange information and carry out investigations with their
international counterparts. For the purposes of developing
international cooperation mechanisms to facilitate and provide
international mutual assistance for the enforcement of legislation for
the protection of personal data, the Commission and the supervisory
authorities should exchange information and cooperate in activities
related to the exercise of their powers with competent authorities in
third countries, based on reciprocity and in accordance with this
Regulation.</p>
<p id="r117">(117) The establishment of supervisory authorities in
Member States, empowered to perform their tasks and exercise their
powers with complete independence, is an essential component of the
protection of natural persons with regard to the processing of their
personal data. Member States should be able to establish more than one
supervisory authority, to reflect their constitutional, organisational
and administrative structure.</p>
<p id="r118">(118) The independence of supervisory authorities should
not mean that the supervisory authorities cannot be subject to control
or monitoring mechanisms regarding their financial expenditure or to
judicial review.</p>
<p id="r119">(119) Where a Member State establishes several supervisory
authorities, it should establish by law mechanisms for ensuring the
effective participation of those supervisory authorities in the
consistency mechanism. That Member State should in particular designate
the supervisory authority which functions as a single contact point for
the effective participation of those authorities in the mechanism, to
ensure swift and smooth cooperation with other supervisory authorities,
the Board and the Commission.</p>
<p id="r120">(120) 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. Each supervisory authority should
have a separate, public annual budget, which may be part of the overall
state or national budget.</p>
<p id="r121">(121) The general conditions for the member or members of
the supervisory authority should be laid down by law in each Member
State and should in particular provide that those members are to be
appointed, by means of a transparent procedure, either by the
parliament, government or the head of State of the Member State on the
basis of a proposal from the government, a member of the government,
the parliament or a chamber of the parliament, or by an independent
body entrusted under Member State law. In order to ensure the
independence of the supervisory authority, the member or members should
act with integrity, refrain from any action that is incompatible with
their duties and should not, during their term of office, engage in any
incompatible occupation, whether gainful or not. The supervisory
authority should have its own staff, chosen by the supervisory
authority or an independent body established by Member State law, which
should be subject to the exclusive direction of the member or members
of the supervisory authority.</p>
<p id="r122">(122) Each supervisory authority should be competent on
the territory of its own Member State to exercise the powers and to
perform the tasks conferred on it in accordance with this Regulation.
This should cover in particular the processing in the context of the
activities of an establishment of the controller or processor on the
territory of its own Member State, the processing of personal data
carried out by public authorities or private bodies acting in the
public interest, processing affecting data subjects on its territory or
processing carried out by a controller or processor not established in
the Union when targeting data subjects residing on its territory. This
should include handling complaints lodged by a data subject, conducting
investigations on the application of this Regulation and promoting
public awareness of the risks, rules, safeguards and rights in relation
to the processing of personal data.</p>
<p id="r123">(123) The supervisory authorities should monitor the
application of the provisions pursuant to this Regulation and
contribute to its consistent application throughout the Union, in order
to protect natural persons in relation to the processing of their
personal data and to facilitate the free flow of personal data within
the internal market. For that purpose, the supervisory authorities
should cooperate with each other and with the Commission, without the
need for any agreement between Member States on the provision of mutual
assistance or on such cooperation.</p>
<p id="r124">(124) Where the processing of personal data takes place in
the context of the activities of an establishment of a controller or a
processor in the Union and the controller or processor is established
in more than one Member State, or where processing taking place in the
context of the activities of a single establishment of a controller or
processor in the Union substantially affects or is likely to
substantially affect data subjects in more than one Member State, the
supervisory authority for the main establishment of the controller or
processor or for the single establishment of the controller or
processor should act as lead authority. It should cooperate with the
other authorities concerned, because the controller or processor has an
establishment on the territory of their Member State, because data
subjects residing on their territory are substantially affected, or
because a complaint has been lodged with them. Also where a data
subject not residing in that Member State has lodged a complaint, the
supervisory authority with which such complaint has been lodged should
also be a supervisory authority concerned. Within its tasks to issue
guidelines on any question covering the application of this Regulation,
the Board should be able to issue guidelines in particular on the
criteria to be taken into account in order to ascertain whether the
processing in question substantially affects data subjects in more than
one Member State and on what constitutes a relevant and reasoned
objection.</p>
<p id="r125">(125) The lead authority should be competent to adopt
binding decisions regarding measures applying the powers conferred on
it in accordance with this Regulation. In its capacity as lead
authority, the supervisory authority should closely involve and
coordinate the supervisory authorities concerned in the decision-making
process. Where the decision is to reject the complaint by the data
subject in whole or in part, that decision should be adopted by the
supervisory authority with which the complaint has been lodged.</p>
<p id="r126">(126) The decision should be agreed jointly by the lead
supervisory authority and the supervisory authorities concerned and
should be directed towards the main or single establishment of the
controller or processor and be binding on the controller and processor.
The controller or processor should take the necessary measures to
ensure compliance with this Regulation and the implementation of the
decision notified by the lead supervisory authority to the main
establishment of the controller or processor as regards the processing
activities in the Union.</p>
<p id="r127">(127) Each supervisory authority not acting as the lead
supervisory authority should be competent to handle local cases where
the controller or processor is established in more than one Member
State, but the subject matter of the specific processing concerns only
processing carried out in a single Member State and involves only data
subjects in that single Member State, for example, where the subject
matter concerns the processing of employees' personal data in the
specific employment context of a Member State. In such cases, the
supervisory authority should inform the lead supervisory authority
without delay about the matter. After being informed, the lead
supervisory authority should decide, whether it will handle the case
pursuant to the provision on cooperation between the lead supervisory
authority and other supervisory authorities concerned ('one-stop-shop
mechanism'), or whether the supervisory authority which informed it
should handle the case at local level. When deciding whether it will
handle the case, the lead supervisory authority should take into
account whether there is an establishment of the controller or
processor in the Member State of the supervisory authority which
informed it in order to ensure effective enforcement of a decision <span style="font-style: italic;">vis-Ã -vis</span> the
controller or processor. 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.</p>
<p id="r128">(128) The rules on the lead supervisory authority and the
one-stop-shop mechanism should not apply where the processing is
carried out by public authorities or private bodies in the public
interest. In such cases the only supervisory authority competent to
exercise the powers conferred to it in accordance with this Regulation
should be the supervisory authority of the Member State where the
public authority or private body is established.</p>
<p id="r129">(129) In order to ensure consistent monitoring and
enforcement of this Regulation throughout the Union, the supervisory
authorities should have in each Member State the same tasks and
effective powers, including powers of investigation, corrective powers
and sanctions, and authorisation and advisory powers, in particular in
cases of complaints from natural persons, and without prejudice to the
powers of prosecutorial authorities under Member State law, to bring
infringements of this Regulation to the attention of the judicial
authorities and engage in legal proceedings. Such powers should also
include the power to impose a temporary or definitive limitation,
including a ban, on processing. Member States may specify other tasks
related to the protection of personal data under this Regulation. The
powers of supervisory authorities should be exercised in accordance
with appropriate procedural safeguards set out in Union and Member
State law, impartially, fairly and within a reasonable time. In
particular each measure should be appropriate, necessary and
proportionate in view of ensuring compliance with this Regulation,
taking into account the circumstances of each individual case, respect
the right of every person to be heard before any individual measure
which would affect him or her adversely is taken and avoid superfluous
costs and excessive inconveniences for the persons concerned.
Investigatory powers as regards access to premises should be exercised
in accordance with specific requirements in Member State procedural
law, such as the requirement to obtain a prior judicial authorisation.
Each legally binding measure of the supervisory authority should be in
writing, be clear and unambiguous, indicate the supervisory authority
which has issued the measure, the date of issue of the measure, bear
the signature of the head, or a member of the supervisory authority
authorised by him or her, give the reasons for the measure, and refer
to the right of an effective remedy. This should not preclude
additional requirements pursuant to Member State procedural law. The
adoption of a legally binding decision implies that it may give rise to
judicial review in the Member State of the supervisory authority that
adopted the decision.</p>
<p id="r130">(130) Where the supervisory authority with which the
complaint has been lodged is not the lead supervisory authority, the
lead supervisory authority should closely cooperate with the
supervisory authority with which the complaint has been lodged in
accordance with the provisions on cooperation and consistency laid down
in this Regulation. In such cases, the lead supervisory authority
should, when taking measures intended to produce legal effects,
including the imposition of administrative fines, take utmost account
of the view of the supervisory authority with which the complaint has
been lodged and which should remain competent to carry out any
investigation on the territory of its own Member State in liaison with
the competent supervisory authority.</p>
<p id="r131">(131) Where another supervisory authority should act as a
lead supervisory authority for the processing activities of the
controller or processor but the concrete subject matter of a complaint
or the possible infringement concerns only processing activities of the
controller or processor in the Member State where the complaint has
been lodged or the possible infringement detected and the matter does
not substantially affect or is not likely to substantially affect data
subjects in other Member States, the supervisory authority receiving a
complaint or detecting or being informed otherwise of situations that
entail possible infringements of this Regulation should seek an
amicable settlement with the controller and, if this proves
unsuccessful, exercise its full range of powers. This should include:
specific processing carried out in the territory of the Member State of
the supervisory authority or with regard to data subjects on the
territory of that Member State; processing that is carried out in the
context of an offer of goods or services specifically aimed at data
subjects in the territory of the Member State of the supervisory
authority; or processing that has to be assessed taking into account
relevant legal obligations under Member State law.</p>
<p id="r132">(132) Awareness-raising activities by supervisory
authorities addressed to the public should include specific measures
directed at controllers and processors, including micro, small and
medium-sized enterprises, as well as natural persons in particular in
the educational context.</p>
<p id="r133">(133) The supervisory authorities should assist each other
in performing their tasks and provide mutual assistance, so as to
ensure the consistent application and enforcement of this Regulation in
the internal market. A supervisory authority requesting mutual
assistance may adopt a provisional measure if it receives no response
to a request for mutual assistance within one month of the receipt of
that request by the other supervisory authority.</p>
<p id="r134">(134) Each supervisory authority should, where
appropriate, participate in joint operations with other supervisory
authorities. The requested supervisory authority should be obliged to
respond to the request within a specified time period.</p>
<p id="r135">(135) In order to ensure the consistent application of
this Regulation throughout the Union, a consistency mechanism for
cooperation between the supervisory authorities should be established.
That mechanism should in particular apply where a supervisory authority
intends to adopt a measure intended to produce legal effects as regards
processing operations which substantially affect a significant number
of data subjects in several Member States. It should also apply where
any supervisory authority concerned or the Commission requests that
such matter should be handled in the consistency mechanism. That
mechanism should be without prejudice to any measures that the
Commission may take in the exercise of its powers under the Treaties.</p>
<p id="r136">(136) In applying the consistency mechanism, the Board
should, within a determined period of time, issue an opinion, if a
majority of its members so decides or if so requested by any
supervisory authority concerned or the Commission. The Board should
also be empowered to adopt legally binding decisions where there are
disputes between supervisory authorities. For that purpose, it should
issue, in principle by a two-thirds majority of its members, legally
binding decisions in clearly specified cases where there are
conflicting views among supervisory authorities, in particular in the
cooperation mechanism between the lead supervisory authority and
supervisory authorities concerned on the merits of the case, in
particular whether there is an infringement of this Regulation.</p>
<p id="r137">(137) There may be an urgent need to act in order to
protect the rights and freedoms of data subjects, in particular when
the danger exists that the enforcement of a right of a data subject
could be considerably impeded. A supervisory authority should therefore
be able to adopt duly justified provisional measures on its territory
with a specified period of validity which should not exceed three
months.</p>
<p id="r138">(138) The application of such mechanism should be a
condition for the lawfulness of a measure intended to produce legal
effects by a supervisory authority in those cases where its application
is mandatory. In other cases of cross-border relevance, the cooperation
mechanism between the lead supervisory authority and supervisory
authorities concerned should be applied and mutual assistance and joint
operations might be carried out between the supervisory authorities
concerned on a bilateral or multilateral basis without triggering the
consistency mechanism.</p>
<p id="r139">(139) In order to promote the consistent application of
this Regulation, the Board should be set up as an independent body of
the Union. To fulfil its objectives, the Board should have legal
personality. The Board should be represented by its Chair. It should
replace the Working Party on the Protection of Individuals with Regard
to the Processing of Personal Data established by Directive 95/46/EC.
It should consist of the head of a supervisory authority of each Member
State and the European Data Protection Supervisor or their respective
representatives. The Commission should participate in the Board's
activities without voting rights and the European Data Protection
Supervisor should have specific voting rights. The Board should
contribute to the consistent application of this Regulation throughout
the Union, including by advising the Commission, in particular on the
level of protection in third countries or international organisations,
and promoting cooperation of the supervisory authorities throughout the
Union. The Board should act independently when performing its tasks.</p>
<p id="r140">(140) The Board should be assisted by a secretariat
provided by the European Data Protection Supervisor. The staff of the
European Data Protection Supervisor involved in carrying out the tasks
conferred on the Board by this Regulation should perform its tasks
exclusively under the instructions of, and report to, the Chair of the
Board.</p>
<p id="r141">(141) Every data subject should have the right to lodge a
complaint with a single supervisory authority, in particular in the
Member State of his or her habitual residence, and the right to an
effective judicial remedy in accordance with Article 47 of the Charter
if the data subject considers that his or her rights under this
Regulation are infringed or where the supervisory authority does not
act on a complaint, partially or wholly rejects or dismisses a
complaint or does not act where such action is necessary to protect the
rights of the data subject. The investigation following a complaint
should be carried out, subject to judicial review, to the extent that
is appropriate in the specific case. The supervisory authority should
inform the data subject of the progress and the outcome of the
complaint within a reasonable period. If the case requires further
investigation or coordination with another supervisory authority,
intermediate information should be given to the data subject. In order
to facilitate the submission of complaints, each supervisory authority
should take measures such as providing a complaint submission form
which can also be completed electronically, without excluding other
means of communication.</p>
<p id="r142">(142) Where a data subject considers that his or her
rights under this Regulation are infringed, he or she should have the
right to mandate a not-for-profit body, organisation or association
which is 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 personal data to lodge a complaint on
his or her behalf with a supervisory authority, exercise the right to a
judicial remedy on behalf of data subjects or, if provided for in
Member State law, exercise the right to receive compensation on behalf
of data subjects. A Member State may provide for such a body,
organisation or association to have the right to lodge a complaint in
that Member State, independently of a data subject's mandate, and the
right to an effective judicial remedy where it has reasons to consider
that the rights of a data subject have been infringed as a result of
the processing of personal data which infringes this Regulation. That
body, organisation or association may not be allowed to claim
compensation on a data subject's behalf independently of the data
subject's mandate.</p>
<p id="r143">(143) Any natural or legal person has the right to bring
an action for annulment of decisions of the Board before the Court of
Justice under the conditions provided for in Article 263 TFEU. As
addressees of such decisions, the supervisory authorities concerned
which wish to challenge them have to bring action within two months of
being notified of them, in accordance with Article 263 TFEU. Where
decisions of the Board are of direct and individual concern to a
controller, processor or complainant, the latter may bring an action
for annulment against those decisions within two months of their
publication on the website of the Board, in accordance with Article 263
TFEU. Without prejudice to this right under Article 263 TFEU, each
natural or legal person should have an effective judicial remedy before
the competent national court against a decision of a supervisory
authority which produces legal effects concerning that person. Such a
decision concerns in particular the exercise of investigative,
corrective and authorisation powers by the supervisory authority or the
dismissal or rejection of complaints. However, the right to an
effective judicial remedy does not encompass measures taken by
supervisory authorities which are not legally binding, such as opinions
issued by or advice provided by the supervisory authority. Proceedings
against a supervisory authority should be brought before the courts of
the Member State where the supervisory authority is established and
should be conducted in accordance with that Member State's procedural
law. Those courts should exercise full jurisdiction, which should
include jurisdiction to examine all questions of fact and law relevant
to the dispute before them.</p>
<p>Where a complaint has been rejected or dismissed by a supervisory
authority, the complainant may bring proceedings before the courts in
the same Member State. In the context of judicial remedies relating to
the application of this Regulation, national courts which consider a
decision on the question necessary to enable them to give judgment,
may, or in the case provided for in Article 267 TFEU, must, request the
Court of Justice to give a preliminary ruling on the interpretation of
Union law, including this Regulation. Furthermore, where a decision of
a supervisory authority implementing a decision of the Board is
challenged before a national court and the validity of the decision of
the Board is at issue, that national court does not have the power to
declare the Board's decision invalid but must refer the question of
validity to the Court of Justice in accordance with Article 267 TFEU as
interpreted by the Court of Justice, where it considers the decision
invalid. However, a national court may not refer a question on the
validity of the decision of the Board at the request of a natural or
legal person which had the opportunity to bring an action for annulment
of that decision, in particular if it was directly and individually
concerned by that decision, but had not done so within the period laid
down in Article 263 TFEU.</p>
<p id="r144">(144) Where a court seized of proceedings against a
decision by a supervisory authority has reason to believe that
proceedings concerning the same processing, such as the same subject
matter as regards processing by the same controller or processor, or
the same cause of action, are brought before a competent court in
another Member State, it should contact that court in order to confirm
the existence of such related proceedings. If related proceedings are
pending before a court in another Member State, any court other than
the court first seized may stay its proceedings or may, on request of
one of the parties, decline jurisdiction in favour of the court first
seized if that court has jurisdiction over the proceedings in question
and its law permits the consolidation of such related proceedings.
Proceedings are deemed to be related where they are so closely
connected that it is expedient to hear and determine them together in
order to avoid the risk of irreconcilable judgments resulting from
separate proceedings.</p>
<p id="r145">(145) For proceedings against a controller or processor,
the plaintiff should have the choice to bring the action before the
courts of the Member States where the controller or processor has an
establishment or where the data subject resides, unless the controller
is a public authority of a Member State acting in the exercise of its
public powers.</p>
<p id="r146">(146) The controller or processor should compensate any
damage which a person may suffer as a result of processing that
infringes this Regulation. The controller or processor should be exempt
from liability if it proves that it is not in any way responsible for
the damage. The concept of damage should be broadly interpreted in the
light of the case-law of the Court of Justice in a manner which fully
reflects the objectives of this Regulation. This is without prejudice
to any claims for damage deriving from the violation of other rules in
Union or Member State law. Processing that infringes this Regulation
also includes processing that infringes delegated and implementing acts
adopted in accordance with this Regulation and Member State law
specifying rules of this Regulation. Data subjects should receive full
and effective compensation for the damage they have suffered. Where
controllers or processors are involved in the same processing, each
controller or processor should be held liable for the entire damage.
However, where they are joined to the same judicial proceedings, in
accordance with Member State law, compensation may be apportioned
according to the responsibility of each controller or processor for the
damage caused by the processing, provided that full and effective
compensation of the data subject who suffered the damage is ensured.
Any controller or processor which has paid full compensation may
subsequently institute recourse proceedings against other controllers
or processors involved in the same processing.</p>
<p id="r147">(147) Where specific rules on jurisdiction are contained
in this Regulation, in particular as regards proceedings seeking a
judicial remedy including compensation, against a controller or
processor, general jurisdiction rules such as those of Regulation (EU)
No 1215/2012 of the European Parliament and of the Council (13) should
not prejudice the application of such specific rules.</p>
<p id="r148">(148) In order to strengthen the enforcement of the rules
of this Regulation, penalties including administrative fines should be
imposed for any infringement of this Regulation, in addition to, or
instead of appropriate measures imposed by the supervisory authority
pursuant to this Regulation. In a case of a minor infringement or if
the fine likely to be imposed would constitute a disproportionate
burden to a natural person, a reprimand may be issued instead of a
fine. Due regard should however be given to the nature, gravity and
duration of the infringement, the intentional character of the
infringement, actions taken to mitigate the damage suffered, degree of
responsibility or any relevant previous infringements, the manner in
which the infringement became known to the supervisory authority,
compliance with measures ordered against the controller or processor,
adherence to a code of conduct and any other aggravating or mitigating
factor. The imposition of penalties including administrative fines
should be subject to appropriate procedural safeguards in accordance
with the general principles of Union law and the Charter, including
effective judicial protection and due process.</p>
<p id="r149">(149) Member States should be able to lay down the rules
on criminal penalties for infringements of this Regulation, including
for infringements of national rules adopted pursuant to and within the
limits of this Regulation. Those criminal penalties may also allow for
the deprivation of the profits obtained through infringements of this
Regulation. However, the imposition of criminal penalties for
infringements of such national rules and of administrative penalties
should not lead to a breach of the principle of ne bis in idem, as
interpreted by the Court of Justice.</p>
<p id="r150">(150) In order to strengthen and harmonise administrative
penalties for infringements of this Regulation, each supervisory
authority should have the power to impose administrative fines. This
Regulation should indicate infringements and the upper limit and
criteria for setting the related administrative fines, which should be
determined by the competent supervisory authority in each individual
case, taking into account all relevant circumstances of the specific
situation, with due regard in particular to the nature, gravity and
duration of the infringement and of its consequences and the measures
taken to ensure compliance with the obligations under this Regulation
and to prevent or mitigate the consequences of the infringement. Where
administrative fines are imposed on an undertaking, an undertaking
should be understood to be an undertaking in accordance with Articles
101 and 102 TFEU for those purposes. Where administrative fines are
imposed on persons that are not an undertaking, the supervisory
authority should take account of the general level of income in the
Member State as well as the economic situation of the person in
considering the appropriate amount of the fine. The consistency
mechanism may also be used to promote a consistent application of
administrative fines. It should be for the Member States to determine
whether and to which extent public authorities should be subject to
administrative fines. Imposing an administrative fine or giving a
warning does not affect the application of other powers of the
supervisory authorities or of other penalties under this Regulation.</p>
<p id="r151">(151) The legal systems of Denmark and Estonia do not
allow for administrative fines as set out in this Regulation. The rules
on administrative fines may be applied in such a manner that in Denmark
the fine is imposed by competent national courts as a criminal penalty
and in Estonia the fine is imposed by the supervisory authority in the
framework of a misdemeanour procedure, provided that such an
application of the rules in those Member States has an equivalent
effect to administrative fines imposed by supervisory authorities.
Therefore the competent national courts should take into account the
recommendation by the supervisory authority initiating the fine. In any
event, the fines imposed should be effective, proportionate and
dissuasive.</p>
<p id="r152">(152) Where this Regulation does not harmonise
administrative penalties or where necessary in other cases, for example
in cases of serious infringements of this Regulation, Member States
should implement a system which provides for effective, proportionate
and dissuasive penalties. The nature of such penalties, criminal or
administrative, should be determined by Member State law.</p>
<p id="r153">(153) 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 processing of personal data solely for journalistic purposes, or
for the purposes of academic, artistic or literary expression should be
subject to derogations or exemptions from certain provisions of this
Regulation if necessary to reconcile the right to the protection of
personal data with the right to freedom of expression and information,
as enshrined in Article 11 of the Charter. This should apply in
particular to the processing of personal data in the audiovisual field
and in news archives and press libraries. Therefore, Member States
should adopt legislative measures which lay down the exemptions and
derogations necessary for the purpose of balancing those fundamental
rights. Member States should adopt such exemptions and derogations on
general principles, the rights of the data subject, the controller and
the processor, the transfer of personal data to third countries or
international organisations, the independent supervisory authorities,
cooperation and consistency, and specific data-processing situations.
Where such exemptions or derogations differ from one Member State to
another, the law of the Member State to which the controller is subject
should apply. In order to take account of the importance of the right
to freedom of expression in every democratic society, it is necessary
to interpret notions relating to that freedom, such as journalism,
broadly.</p>
<p id="r154">(154) This Regulation allows the principle of public
access to official documents to be taken into account when applying
this Regulation. Public access to official documents may be considered
to be in the public interest. Personal data in documents held by a
public authority or a public body should be able to be publicly
disclosed by that authority or body if the disclosure is provided for
by Union or Member State law to which the public authority or public
body is subject. Such laws should reconcile public access to official
documents and the reuse of public sector information with the right to
the protection of personal data and may therefore provide for the
necessary reconciliation with the right to the protection of personal
data pursuant to this Regulation. The reference to public authorities
and bodies should in that context include all authorities or other
bodies covered by Member State law on public access to documents.
Directive 2003/98/EC of the European Parliament and of the Council (14)
leaves intact and in no way affects the level of protection of natural
persons with regard to the processing of personal data under the
provisions of Union and Member State law, and in particular does not
alter the obligations and rights set out in this Regulation. In
particular, that Directive should not apply to documents to which
access is excluded or restricted by virtue of the access regimes on the
grounds of protection of personal data, and parts of documents
accessible by virtue of those regimes which contain personal data the
re-use of which has been provided for by law as being incompatible with
the law concerning the protection of natural persons with regard to the
processing of personal data.</p>
<p id="r155">(155) Member State law or collective agreements, including
'works agreements', may provide for specific rules on the processing of
employees' personal data in the employment context, in particular for
the conditions under which personal data in the employment context may
be processed on the basis of the consent of the employee, the purposes
of the recruitment, the performance of the contract of employment,
including discharge of obligations laid down by law or by collective
agreements, management, planning and organisation of work, equality and
diversity in the workplace, health and safety at work, and for the
purposes of the exercise and enjoyment, on an individual or collective
basis, of rights and benefits related to employment, and for the
purpose of the termination of the employment relationship.</p>
<p id="r156">(156) The processing of personal data for archiving
purposes in the public interest, scientific or historical research
purposes or statistical purposes should be subject to appropriate
safeguards for the rights and freedoms of the data subject pursuant to
this Regulation. Those safeguards should ensure that technical and
organisational measures are in place in order to ensure, in particular,
the principle of data minimisation. The further processing of personal
data for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes is to be carried
out when the controller has assessed the feasibility to fulfil those
purposes by processing data which do not permit or no longer permit the
identification of data subjects, provided that appropriate safeguards
exist (such as, for instance, pseudonymisation of the data). Member
States should provide for appropriate safeguards for the processing of
personal data for archiving purposes in the public interest, scientific
or historical research purposes or statistical purposes. Member States
should be authorised to provide, under specific conditions and subject
to appropriate safeguards for data subjects, specifications and
derogations with regard to the information requirements and rights to
rectification, to erasure, to be forgotten, to restriction of
processing, to data portability, and to object when processing personal
data for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes. The conditions
and safeguards in question may entail specific procedures for data
subjects to exercise those rights if this is appropriate in the light
of the purposes sought by the specific processing along with technical
and organisational measures aimed at minimising the processing of
personal data in pursuance of the proportionality and necessity
principles. The processing of personal data for scientific purposes
should also comply with other relevant legislation such as on clinical
trials.</p>
<p id="r157">(157) 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. On the basis of registries, research results can be
enhanced, as they draw on a larger population. Within social science,
research on the basis of registries enables researchers to obtain
essential knowledge about the long-term correlation of a number of
social conditions such as unemployment and education with other life
conditions. Research results obtained through registries provide solid,
high-quality knowledge which can provide the basis for the formulation
and implementation of knowledge-based policy, improve the quality of
life for a number of people and improve the efficiency of social
services. In order to facilitate scientific research, personal data can
be processed for scientific research purposes, subject to appropriate
conditions and safeguards set out in Union or Member State law.</p>
<p id="r158">(158) Where personal data are processed for archiving
purposes, this Regulation should also apply to that processing, bearing
in mind that this Regulation should not apply to deceased persons.
Public authorities or public or private bodies that hold records of
public interest should be services which, pursuant to Union or Member
State law, have a legal obligation to acquire, preserve, appraise,
arrange, describe, communicate, promote, disseminate and provide access
to records of enduring value for general public interest. Member States
should also be authorised to provide for the further processing of
personal data for archiving purposes, for example with a view to
providing specific information related to the political behaviour under
former totalitarian state regimes, genocide, crimes against humanity,
in particular the Holocaust, or war crimes.</p>
<p id="r159">(159) Where personal data are processed for scientific
research purposes, this Regulation should also apply to that
processing. For the purposes of this Regulation, the processing of
personal data for scientific research purposes should be interpreted in
a broad manner including for example technological development and
demonstration, fundamental research, applied research and privately
funded research. In addition, it should take into account the Union's
objective under Article 179(1) TFEU of achieving a European Research
Area. Scientific research purposes should also include studies
conducted in the public interest in the area of public health. To meet
the specificities of processing personal data for scientific research
purposes, specific conditions should apply in particular as regards the
publication or otherwise disclosure of personal data in the context of
scientific research purposes. If the result of scientific research in
particular in the health context gives reason for further measures in
the interest of the data subject, the general rules of this Regulation
should apply in view of those measures.</p>
<p id="r160">(160) Where personal data are processed for historical
research purposes, this Regulation should also apply to that
processing. This should also include historical research and research
for genealogical purposes, bearing in mind that this Regulation should
not apply to deceased persons.</p>
<p id="r161">(161) For the purpose of consenting to the participation
in scientific research activities in clinical trials, the relevant
provisions of Regulation (EU) No 536/2014 of the European Parliament
and of the Council (15) should apply.</p>
<p id="r162">(162) Where personal data are processed for statistical
purposes, this Regulation should apply to that processing. 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 for ensuring statistical confidentiality. Statistical
purposes mean any operation of collection and the processing of
personal data necessary for statistical surveys or for the production
of statistical results. Those statistical results may further be used
for different purposes, including a scientific research purpose. 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.</p>
<p id="r163">(163) The confidential information which the Union and
national statistical authorities collect for the production of official
European and official national statistics should be protected. European
statistics should be developed, produced and disseminated in accordance
with the statistical principles as set out in Article 338(2) TFEU,
while national statistics should also comply with Member State law.
Regulation (EC) No 223/2009 of the European Parliament and of the
Council (16) provides further specifications on statistical
confidentiality for European statistics.</p>
<p id="r164">(164) As regards the powers of the supervisory authorities
to obtain from the controller or processor access to personal data and
access to their premises, Member States may adopt by law, within the
limits of this Regulation, specific rules in order to safeguard the
professional or other equivalent secrecy obligations, in so far as
necessary to reconcile the right to the protection of personal data
with an obligation of professional secrecy. This is without prejudice
to existing Member State obligations to adopt rules on professional
secrecy where required by Union law.</p>
<p id="r165">(165) This Regulation respects and does not prejudice the
status under existing constitutional law of churches and religious
associations or communities in the Member States, as recognised in
Article 17 TFEU.</p>
<p id="r166">(166) In order to fulfil the objectives of this
Regulation, namely to protect the fundamental rights and freedoms of
natural persons and in particular their right to the protection of
personal data and to ensure the free movement of personal data within
the Union, the power to adopt acts in accordance with Article 290 TFEU
should be delegated to the Commission. In particular, delegated acts
should be adopted in respect of criteria and requirements for
certification mechanisms, information to be presented by standardised
icons and procedures for providing such icons. It is of particular
importance that the Commission carry out appropriate consultations
during its preparatory work, including at expert level. The Commission,
when preparing and drawing-up delegated acts, should ensure a
simultaneous, timely and appropriate transmission of relevant documents
to the European Parliament and to the Council.</p>
<p id="r167">(167) In order to ensure uniform conditions for the
implementation of this Regulation, implementing powers should be
conferred on the Commission when provided for by this Regulation. Those
powers should be exercised in accordance with Regulation (EU) No
182/2011. In that context, the Commission should consider specific
measures for micro, small and medium-sized enterprises.</p>
<p id="r168">(168) The examination procedure should be used for the
adoption of implementing acts on standard contractual clauses between
controllers and processors and between processors; codes of conduct;
technical standards and mechanisms for certification; the adequate
level of protection afforded by a third country, a territory or a
specified sector within that third country, or an international
organisation; standard protection clauses; formats and procedures for
the exchange of information by electronic means between controllers,
processors and supervisory authorities for binding corporate rules;
mutual assistance; and arrangements for the exchange of information by
electronic means between supervisory authorities, and between
supervisory authorities and the Board.</p>
<p id="r169">(169) The Commission should adopt immediately applicable
implementing acts where available evidence reveals that a third
country, a territory or a specified sector within that third country,
or an international organisation does not ensure an adequate level of
protection, and imperative grounds of urgency so require.</p>
<p id="r170">(170) Since the objective of this Regulation, namely to
ensure an equivalent level of protection of natural persons and the
free flow of personal data throughout the Union, cannot be sufficiently
achieved by the Member States and can rather, by reason of the scale or
effects of the action, be better achieved at Union level, the Union may
adopt measures, in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty on European Union (TEU). In accordance
with the principle of proportionality as set out in that Article, this
Regulation does not go beyond what is necessary in order to achieve
that objective.</p>
<p id="r171">(171) Directive 95/46/EC should be repealed by this
Regulation. Processing already under way on the date of application of
this Regulation should be brought into conformity with this Regulation
within the period of two years after which this Regulation enters into
force. Where processing is based on consent pursuant to Directive
95/46/EC, it is not necessary for the data subject to give his or her
consent again if the manner in which the consent has been given is in
line with the conditions of this Regulation, so as to allow the
controller to continue such processing after the date of application of
this Regulation. Commission decisions adopted and authorisations by
supervisory authorities based on Directive 95/46/EC remain in force
until amended, replaced or repealed.</p>
<p id="r172">(172) The European Data Protection Supervisor was
consulted in accordance with Article 28(2) of Regulation (EC) No
45/2001 and delivered an opinion on 7 March 2012 (17).</p>
<p id="r173">(173) This Regulation should apply to all matters concerning the protection of fundamental rights and freedoms <span style="font-style: italic;">vis-Ã -vis</span> the
processing of personal data which are not subject to specific
obligations with the same objective set out in Directive 2002/58/EC of
the European Parliament and of the Council (18), including the
obligations on the controller and the rights of natural persons. In
order to clarify the relationship between this Regulation and Directive
2002/58/EC, that Directive should be amended accordingly. Once this
Regulation is adopted, Directive 2002/58/EC should be reviewed in
particular in order to ensure consistency with this Regulation,</p>
<p>HAVE ADOPTED THIS REGULATION:</p>
<div style="text-align: center;"><i><span id="c1" style="font-size: large;"><b>CHAPTER I</b></span></i></div>
<div style="text-align: center;"><i><span style="font-size: large;"><b>General provisions</b></span></i></div>
<h3 id="a1"><span large="">Article 1<br />Subject-matter and objectives</span></h3>
<p><span id="a1.1">1.</span> This Regulation lays down rules relating
to the protection of natural persons with regard to the processing of
personal data and rules relating to the free movement of personal data.</p>
<p><span id="a1.2">2. </span> This Regulation protects fundamental
rights and freedoms of natural persons and in particular their right to
the protection of personal data.</p>
<p><span id="a1.3">3.</span> The free movement of personal data within
the Union shall be neither restricted nor prohibited for reasons
connected with the protection of natural persons with regard to the
processing of personal data.</p>
<h3 id="a2"><span large="">Article 2<br />Material scope</span></h3>
<p><span id="a2.1"></span>1. 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.</p>
<p><span id="a2.2">2.</span> This Regulation does not apply to the processing of personal data:</p>
<p>(<span id="a2.2.a">a</span>) in the course of an activity which falls outside the scope of Union law;</p>
<p>(<span id="a2.2.b">b</span>) by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;</p>
<p>(<span id="a2.2.c">c</span>) by a natural person in the course of a purely personal or household activity;</p>
<p>(<span id="a2.2.d">d</span>) by competent authorities for the purposes of the prevention,
investigation, detection or prosecution of criminal offences or the
execution of criminal penalties, including the safeguarding against and
the prevention of threats to public security.</p>
<p><span id="a2.3">3.</span> For the processing of personal data by the
Union institutions, bodies, offices and agencies, Regulation (EC) No
45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts
applicable to such processing of personal data shall be adapted to the
principles and rules of this Regulation in accordance with <a href="#a98">Article 98</a>.</p>
<p><span id="a2.4">4.</span> 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 Articles 12 to 15
of that Directive.</p>
<h3 id="a3"><span large="">Article 3<br />Territorial scope</span></h3>
<p><span id="a3.1">1.</span> This Regulation applies to the processing
of personal data in the context of the activities of an establishment
of a controller or a processor in the Union, regardless of whether the
processing takes place in the Union or not.</p>
<p><span id="a3.2">2</span>. This Regulation applies to the processing
of personal data of data subjects who are in the Union by a controller
or processor not established in the Union, where the processing
activities are related to:</p>
<p>(<span id="a3.2.a">a</span>) the offering of goods or services, irrespective of whether a
payment of the data subject is required, to such data subjects in the
Union; or</p>
<p>(<span id="a3.2.b">b</span>) the monitoring of their behaviour as far as their behaviour takes place within the Union.</p>
<p><span id="a3.3">3</span>. This Regulation applies to the processing
of personal data by a controller not established in the Union, but in a
place where Member State law applies by virtue of public international
law.</p>
<h3 id="a4"><span large="">Article 4<br />Definitions</span></h3>
<p>For the purposes of this Regulation:</p>
<p>(<span id="a4.1">1</span>) 'personal data' means any information
relating to an identified or identifiable natural person ('data
subject'); an identifiable natural person is one who can be identified,
directly or indirectly, in particular by reference to an identifier
such as a name, an identification number, location data, an online
identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity
of that natural person;</p>
<p>(<span id="a4.2">2</span>) 'processing' means any operation or set
of operations which is performed on personal data or on sets of
personal data, whether or not by automated means, such as collection,
recording, organisation, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction;</p>
<p>(<span id="a4.3">3</span>) 'restriction of processing' means the marking of stored personal data with the aim of limiting their processing in the future;</p>
<p>(<span id="a4.4">4</span>) 'profiling' means any form of automated
processing of personal data consisting of the use of personal data to
evaluate certain personal aspects relating to a natural person, in
particular to analyse or predict aspects concerning that natural
person's performance at work, economic situation, health, personal
preferences, interests, reliability, behaviour, location or movements;</p>
<p>(<span id="a4.5">5</span>) 'pseudonymisation' means the processing
of personal data in such a manner that the personal data can no longer
be attributed to a specific data subject without the use of additional
information, provided that such additional information is kept
separately and is subject to technical and organisational measures to
ensure that the personal data are not attributed to an identified or
identifiable natural person;</p>
<p>(<span id="a4.6">6</span>) 'filing system' means any structured set
of personal data which are accessible according to specific criteria,
whether centralised, decentralised or dispersed on a functional or
geographical basis;</p>
<p>(<span id="a4.7">7</span>) 'controller' means the natural or legal
person, public authority, agency or other body which, alone or jointly
with others, determines the purposes and means of the processing of
personal data; where the purposes and means of such processing are
determined by Union or Member State law, the controller or the specific
criteria for its nomination may be provided for by Union or Member
State law;</p>
<p>(<span id="a4.8">8</span>) 'processor' means a natural or legal
person, public authority, agency or other body which processes personal
data on behalf of the controller;</p>
<p>(<span id="a4.9">9</span>) 'recipient' means a natural or legal
person, public authority, agency or another body, to which the personal
data are disclosed, whether a third party or not. However, public
authorities which may receive personal data in the framework of a
particular inquiry in accordance with Union or Member State law shall
not be regarded as recipients; the processing of those data by those
public authorities shall be in compliance with the applicable data
protection rules according to the purposes of the processing;</p>
<p>(<span id="a4.10">10</span>) 'third party' means a natural or legal
person, public authority, agency or body other than the data subject,
controller, processor and persons who, under the direct authority of
the controller or processor, are authorised to process personal data;</p>
<p>(<span id="a4.11">11</span>) 'consent' of the data subject means any
freely given, specific, informed and unambiguous indication of the data
subject's wishes by which he or she, by a statement or by a clear
affirmative action, signifies agreement to the processing of personal
data relating to him or her;</p>
<p>(<span id="a4.12">12</span>) 'personal data breach' means a breach
of security leading to the accidental or unlawful destruction, loss,
alteration, unauthorised disclosure of, or access to, personal data
transmitted, stored or otherwise processed;</p>
<p>(<span id="a4.13">13</span>) 'genetic data' means personal data
relating to the inherited or acquired genetic characteristics of a
natural person which give unique information about the physiology or
the health of that natural person and which result, in particular, from
an analysis of a biological sample from the natural person in question;</p>
<p>(<span id="a4.14">14</span>) 'biometric data' means personal data
resulting from specific technical processing relating to the physical,
physiological or behavioural characteristics of a natural person, which
allow or confirm the unique identification of that natural person, such
as facial images or dactyloscopic data;</p>
<p>(<span id="a4.15">15</span>) 'data concerning health' means personal
data related to the physical or mental health of a natural person,
including the provision of health care services, which reveal
information about his or her health status;</p>
<p>(<span id="a4.16">16</span>) 'main establishment' means:</p>
<p>(<span id="a4.16.a">a</span>) as regards a controller with establishments in more than one
Member State, the place of its central administration in the Union,
unless the decisions on the purposes and means of the processing of
personal data are taken in another establishment of the controller in
the Union and the latter establishment has the power to have such
decisions implemented, in which case the establishment having taken
such decisions is to be considered to be the main establishment;</p>
<p>(<span id="a4.16.b">b</span>) as regards a processor with establishments in more than one
Member State, the place of its central administration in the Union, or,
if the processor has no central administration in the Union, the
establishment of the processor in the Union where the main processing
activities in the context of the activities of an establishment of the
processor take place to the extent that the processor is subject to
specific obligations under this Regulation;</p>
<p>(<span id="a4.17">17</span>) 'representative' means a natural or
legal person established in the Union who, designated by the controller
or processor in writing pursuant to <a href="#a27">Article 27</a>, represents the
controller or processor with regard to their respective obligations
under this Regulation;</p>
<p>(<span id="a4.18">18</span>) 'enterprise' means a natural or legal
person engaged in an economic activity, irrespective of its legal form,
including partnerships or associations regularly engaged in an economic
activity;</p>
<p>(<span id="a4.19">19</span>) 'group of undertakings' means a controlling undertaking and its controlled undertakings;</p>
<p>(<span id="a4.20">20</span>) 'binding corporate rules' means
personal data protection policies which are adhered to by a controller
or processor established on the territory of a Member State for
transfers or a set of transfers of personal data to a controller or
processor in one or more third countries within a group of
undertakings, or group of enterprises engaged in a joint economic
activity;</p>
<p>(<span id="a4.21">21</span>) 'supervisory authority' means an independent public authority which is established by a Member State pursuant to Article 51;</p>
<p>(<span id="a4.22">22</span>) 'supervisory authority concerned' means a supervisory authority which is concerned by the processing of personal data because:</p>
<p>(<span id="a4.22.a">a</span>) the controller or processor is established on the territory of the Member State of that supervisory authority;</p>
<p>(<span id="a4.22.b">b</span>) data subjects residing in the Member State of that supervisory
authority are substantially affected or likely to be substantially
affected by the processing; or</p>
<p>(<span id="a4.22.c">c</span>) a complaint has been lodged with that supervisory authority;</p>
<p>(<span id="a4.23">23</span>) 'cross-border processing' means either:</p>
<p>(<span id="a4.23.a">a</span>) processing of personal data which takes place in the context of
the activities of establishments in more than one Member State of a
controller or processor in the Union where the controller or processor
is established in more than one Member State; or</p>
<p>(<span id="a4.23.b">b</span>) processing of personal data which takes place in the context of
the activities of a single establishment of a controller or processor
in the Union but which substantially affects or is likely to
substantially affect data subjects in more than one Member State.</p>
<p>(<span id="a4.24">24</span>) 'relevant and reasoned objection' means
an objection to a draft decision as to whether there is an infringement
of this Regulation, or whether envisaged action in relation to the
controller or processor complies with this Regulation, which clearly
demonstrates the significance of the risks posed by the draft decision
as regards the fundamental rights and freedoms of data subjects and,
where applicable, the free flow of personal data within the Union;</p>
<p>(<span id="a4.25">25</span>) 'information society service' means a
service as defined in point (b) of Article 1(1) of Directive (EU)
2015/1535 of the European Parliament and of the Council (19);</p>
<p>(<span id="a4.26">26</span>) 'international organisation' means an
organisation and its subordinate bodies governed by public
international law, or any other body which is set up by, or on the
basis of, an agreement between two or more countries.</p>
<div style="text-align: center;"><i><span id="c2" style="font-size: large;"><b>CHAPTER II</b></span></i></div>
<div style="text-align: center;"><i><span style="font-size: large;"><b>Principles</b></span></i></div>
<h3 id="a5"><span large="" style="font-size: medium;">Article 5<br /></span>Principles relating to processing of personal data</h3>
<p><span id="a5.1">1.</span> Personal data shall be:</p>
<p><span id="a5.1.a">(a)</span> processed lawfully, fairly and in a
transparent manner in relation to the data subject ('lawfulness,
fairness and transparency');</p>
<p><span id="a5.1.b">(b)</span> 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 research
purposes or statistical purposes shall, in accordance with Article
89(1), not be considered to be incompatible with the initial purposes
('purpose limitation');</p>
<p><span id="a5.1.c">(c)</span> adequate, relevant and limited to what
is necessary in relation to the purposes for which they are processed
('data minimisation');</p>
<p><span id="a5.1.d">(d)</span> accurate and, where necessary, kept up
to date; every reasonable step must be taken to ensure that personal
data that are inaccurate, having regard to the purposes for which they
are processed, are erased or rectified without delay ('accuracy');</p>
<p><span id="a5.1.e">(e)</span> kept in a form which permits
identification of data subjects for no longer than is necessary for the
purposes for which the personal data are processed; personal data may
be stored for longer periods insofar as the personal data will be
processed solely for archiving purposes in the public interest,
scientific or historical research purposes or statistical purposes in
accordance with <a href="#a89.1">Article 89(1)</a> subject to implementation of the
appropriate technical and organisational measures required by this
Regulation in order to safeguard the rights and freedoms of the data
subject ('storage limitation');</p>
<p><span id="a5.1.f">(f)</span> processed in a manner that ensures
appropriate security of the personal data, including protection against
unauthorised or unlawful processing and against accidental loss,
destruction or damage, using appropriate technical or organisational
measures ('integrity and confidentiality').</p>
<p><span id="a5.2">2.</span> The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 ('accountability').</p>
<h3 id="a6"><span large="">Article 6<br />Lawfulness of processing</span></h3>
<p><span id="a6.1">1.</span> Processing shall be lawful only if and to the extent that at least one of the following applies:</p>
<p>(<span id="a6.1.a">a</span>) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;</p>
<p>(<span id="a6.1.b">b</span>) processing is necessary for the performance of a contract to
which the data subject is party or in order to take steps at the
request of the data subject prior to entering into a contract;</p>
<p>(<span id="a6.1.c">c</span>) processing is necessary for compliance with a legal obligation to which the controller is subject;</p>
<p>(<span id="a6.1.d">d</span>) processing is necessary in order to protect the vital interests of the data subject or of another natural person;</p>
<p>(<span id="a6.1.e">e</span>) 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;</p>
<p>(<span id="a6.1.f">f</span>) processing is necessary for the purposes of the legitimate
interests pursued by the controller or by a third party, except where
such interests are overridden by the interests or fundamental rights
and freedoms of the data subject which require protection of personal
data, in particular where the data subject is a child.</p>
<p>Point (f) of the first subparagraph shall not apply to processing
carried out by public authorities in the performance of their tasks.</p>
<p><span id="a6.2">2.</span> Member States may maintain or introduce
more specific provisions to adapt the application of the rules of this
Regulation with regard to processing for compliance with points (a) and (e) of paragraph 1 by determining more precisely specific requirements
for the processing and other measures to ensure lawful and fair
processing including for other specific processing situations as
provided for in Chapter IX.</p>
<p><span id="a6.3">3.</span> The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by:</p>
<p>(<span id="a6.3.a">a</span>) Union law; or</p>
<p>(<span id="a6.3.b">b</span>) Member State law to which the controller is subject.</p>
<p>The purpose of the processing shall be determined in that legal
basis or, as regards the processing referred to in point (e) of
paragraph 1, shall be necessary for the performance of a task carried
out in the public interest or in the exercise of official authority
vested in the controller. That legal basis may contain specific
provisions to adapt the application of rules of this Regulation, inter
alia: the general conditions governing the lawfulness of processing by
the controller; the types of data which are subject to the processing;
the data subjects concerned; the entities to, and the purposes for
which, the personal data may be disclosed; the purpose limitation;
storage periods; and processing operations and processing procedures,
including measures to ensure lawful and fair processing such as those
for other specific processing situations as provided for in Chapter IX.
The Union or the Member State law shall meet an objective of public
interest and be proportionate to the legitimate aim pursued.</p>
<p><span id="a6.4">4.</span> Where the processing for a purpose other
than that for which the personal data have been collected is not based
on the data subject's consent or on a Union or Member State law which
constitutes a necessary and proportionate measure in a democratic
society to safeguard the objectives referred to in <a href="#a23.1">Article 23(1)</a>, the
controller shall, in order to ascertain whether processing for another
purpose is compatible with the purpose for which the personal data are
initially collected, take into account, inter alia:</p>
<p>(<span id="a6.4.a">a</span>) any link between the purposes for which the personal data have
been collected and the purposes of the intended further processing;</p>
<p>(<span id="a6.4.b">b</span>) the context in which the personal data have been collected, in
particular regarding the relationship between data subjects and the
controller;</p>
<p>(<span id="a6.4.c">c</span>) the nature of the personal data, in particular whether special
categories of personal data are processed, pursuant to <a href="#a9">Article 9</a>, or
whether personal data related to criminal convictions and offences are
processed, pursuant to <a href="#a10">Article 10</a>;</p>
<p>(<span id="a6.4.d">d</span>) the possible consequences of the intended further processing for data subjects;</p>
<p>(<span id="a6.4.e">e</span>) the existence of appropriate safeguards, which may include encryption or pseudonymisation.</p>
<h3 id="a7"><span large="">Article 7<br />Conditions for consent</span></h3>
<p><span id="a7.1">1.</span> Where processing is based on consent, the
controller shall be able to demonstrate that the data subject has
consented to processing of his or her personal data.</p>
<p><span id="a7.2">2.</span> If the data subject's consent is given in
the context of a written declaration which also concerns other matters,
the request for consent shall be presented in a manner which is clearly
distinguishable from the other matters, in an intelligible and easily
accessible form, using clear and plain language. Any part of such a
declaration which constitutes an infringement of this Regulation shall
not be binding.</p>
<p><span id="a7.3">3.</span> The data subject shall have the right to
withdraw his or her consent at any time. The withdrawal of consent
shall not affect the lawfulness of processing based on consent before
its withdrawal. Prior to giving consent, the data subject shall be
informed thereof. It shall be as easy to withdraw as to give consent.</p>
<p><span id="a7.4">4.</span> When assessing whether consent is freely
given, utmost account shall be taken of whether, inter alia, the
performance of a contract, including the provision of a service, is
conditional on consent to the processing of personal data that is not
necessary for the performance of that contract.</p>
<h3 id="a8"><span large="">Article 8<br />Conditions applicable to child's consent in relation to information society services</span></h3>
<p><span id="a8.1">1.</span> Where point (a) of <a href="#a6.1">Article 6(1)</a> 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. Where the child is below the
age of 16 years, such processing shall be lawful only if and to the
extent that consent is given or authorised by the holder of parental
responsibility over the child.</p>
<p>Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.</p>
<p><span id="a8.2">2.</span> The controller shall make reasonable
efforts to verify in such cases that consent is given or authorised by
the holder of parental responsibility over the child, taking into
consideration available technology.</p>
<p><span id="a8.3">3.</span> 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.</p>
<h3 id="a9"><span large="">Article 9<br />Processing of special categories of personal data</span></h3>
<p><span id="a9.1">1.</span> 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.</p>
<p><span id="a9.2">2.</span> Paragraph 1 shall not apply if one of the following applies:</p>
<p>(<span id="a9.2.a">a</span>) the data subject has given explicit consent to the processing of
those personal data for one or more specified purposes, except where
Union or Member State law provide that the prohibition referred to in
paragraph 1 may not be lifted by the data subject;</p>
<p>(<span id="a9.2.b">b</span>) processing is necessary for the purposes of carrying out the
obligations and exercising specific rights of the controller or of the
data subject in the field of employment and social security and social
protection law in so far as it is authorised by Union or Member State
law or a collective agreement pursuant to Member State law providing
for appropriate safeguards for the fundamental rights and the interests
of the data subject;</p>
<p>(<span id="a9.2.c">c</span>) processing is necessary to protect the vital interests of the
data subject or of another natural person where the data subject is
physically or legally incapable of giving consent;</p>
<p>(<span id="a9.2.d">d</span>) processing is carried out in the course of its legitimate
activities with appropriate safeguards by a foundation, association or
any other not-for-profit body with a political, philosophical,
religious or trade union aim and on condition that the processing
relates solely to the members or to former members of the body or to
persons who have regular contact with it in connection with its
purposes and that the personal data are not disclosed outside that body
without the consent of the data subjects;</p>
<p>(<span id="a9.2.e">e</span>) processing relates to personal data which are manifestly made public by the data subject;</p>
<p>(<span id="a9.2.f">f</span>) processing is necessary for the establishment, exercise or
defence of legal claims or whenever courts are acting in their judicial
capacity;</p>
<p>(<span id="a9.2.g">g</span>) processing is necessary for reasons of substantial public
interest, on the basis of Union or Member State law which shall be
proportionate to the aim pursued, respect the essence of the right to
data protection and provide for suitable and specific measures to
safeguard the fundamental rights and the interests of the data subject;</p>
<p>(<span id="a9.2.h">h</span>) processing is necessary for the purposes of preventive or
occupational medicine, for the assessment of the working capacity of
the employee, medical diagnosis, the provision of health or social care
or treatment or the management of health or social care systems and
services on the basis of Union or Member State law or pursuant to
contract with a health professional and subject to the conditions and
safeguards referred to in paragraph 3;</p>
<p>(<span id="a9.2.i">i</span>) processing is necessary for reasons of public interest in the
area of public health, such as protecting against serious cross-border
threats to health or ensuring high standards of quality and safety of
health care and of medicinal products or medical devices, on the basis
of Union or Member State law which provides for suitable and specific
measures to safeguard the rights and freedoms of the data subject, in
particular professional secrecy;</p>
<p>(<span id="a9.2.j">j</span>) processing is necessary for archiving purposes in the public
interest, scientific or historical research purposes or statistical
purposes in accordance with <a href="#a89.1">Article 89(1)</a> based on Union or Member
State law which shall be proportionate to the aim pursued, respect the
essence of the right to data protection and provide for suitable and
specific measures to safeguard the fundamental rights and the interests
of the data subject.</p>
<p><span id="a9.3">3.</span> Personal data referred to in paragraph 1
may be processed for the purposes referred to in point (h) of paragraph
2 when those data are processed by or under the responsibility of a
professional subject to the obligation of professional secrecy under
Union or Member State law or rules established by national competent
bodies or by another person also subject to an obligation of secrecy
under Union or Member State law or rules established by national
competent bodies.</p>
<p><span id="a9.4">4.</span> Member States may maintain or introduce
further conditions, including limitations, with regard to the
processing of genetic data, biometric data or data concerning health.</p>
<h3 id="a10"><span large="">Article 10<br />Processing of personal data relating to criminal convictions and offences</span></h3>
<p>Processing of personal data relating to criminal convictions and
offences or related security measures based on <a href="#a6.1">Article 6(1)</a> shall be
carried out only under the control of official authority or when the
processing is authorised by Union or Member State law providing for
appropriate safeguards for the rights and freedoms of data subjects.
Any comprehensive register of criminal convictions shall be kept only
under the control of official authority.</p>
<h3 id="a11"><span large="">Article 11<br />Processing which does not require identification</span></h3>
<p><span id="a11.1">1.</span> 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.</p>
<p><span id="a11.2">2.</span> Where, in cases referred to in paragraph
1 of this Article, the controller is able to demonstrate that it is not
in a position to identify the data subject, the controller shall inform
the data subject accordingly, if possible. In such cases, Articles <a href="#a15">15</a>
to <a href="#a20">20</a> shall not apply except where the data subject, for the purpose of
exercising his or her rights under those articles, provides additional
information enabling his or her identification.</p>
<div style="text-align: center;"><i><span id="c3" style="font-size: large;"><b>CHAPTER III</b></span></i></div>
<div style="text-align: center;"><i><span style="font-size: large;">Rights of the data subject</span></i></div>
<p><i><b><span style="font-size: large;"><br /></span></b></i></p>
<div style="text-align: center;"><i><span style="font-size: large;">Section 1</span></i></div>
<div style="text-align: center;"><i><span style="font-size: large;">Transparency and modalities</span></i></div>
<h3 id="a12"><span large="">Article 12<br />Transparent information, communication and modalities for the exercise of the rights of the data subject</span></h3>
<p><span id="a12.1">1.</span> The controller shall take appropriate
measures to provide any information referred to in Articles <a href="#a13">13</a> and <a href="#a14">14</a>
and any communication under Articles <a href="#a15">15</a> to <a href="#a22">22</a> and <a href="#a34">34</a> relating to
processing to the data subject in a concise, transparent, intelligible
and easily accessible form, using clear and plain language, in
particular for any information addressed specifically to a child. The
information shall be provided in writing, or by other means, including,
where appropriate, by electronic means. When requested by the data
subject, the information may be provided orally, provided that the
identity of the data subject is proven by other means.</p>
<p><span id="a12.2">2.</span> The controller shall facilitate the
exercise of data subject rights under Articles <a href="#a15">15</a>
to <a href="#a22">22</a>. In the cases
referred to in <a href="#a11.2">Article 11(2)</a>, the controller shall not refuse to act on
the request of the data subject for exercising his or her rights under
Articles <a href="#a15">15</a> to <a href="#a22">22</a>, unless the controller demonstrates that it is not in
a position to identify the data subject.</p>
<p><span id="a12.3">3.</span> The controller shall provide information
on action taken on a request under Articles <a href="#a15">15</a> to <a href="#a22">22</a> to the data
subject without undue delay and in any event within one month of
receipt of the request. That period may be extended by two further
months where necessary, taking into account the complexity and number
of the requests. 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. Where the data subject makes the
request by electronic form means, the information shall be provided by
electronic means where possible, unless otherwise requested by the data
subject.</p>
<p><span id="a12.4">4.</span> If the controller does not take action on
the request of the data subject, the controller shall inform the data
subject without delay and at the latest within one month of receipt of
the request of the reasons for not taking action and on the possibility
of lodging a complaint with a supervisory authority and seeking a
judicial remedy.</p>
<p><span id="a12.5">5.</span> Information provided under Articles 13
and 14 and any communication and any actions taken under Articles <a href="#a15">15</a> to <a href="#a22">22</a> and <a href="#a34">34</a> shall be provided free of charge. Where requests from a data
subject are manifestly unfounded or excessive, in particular because of
their repetitive character, the controller may either:</p>
<p>(<span id="a12.5.a">a</span>) charge a reasonable fee taking into account the administrative
costs of providing the information or communication or taking the
action requested; or</p>
<p>(<span id="a12.5.b">b</span>) refuse to act on the request.</p>
<p>The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.</p>
<p><span id="a12.6">6.</span> Without prejudice to <a href="#a11">Article 11</a>, where
the controller has reasonable doubts concerning the identity of the
natural person making the request referred to in Articles <a href="#a15">15</a> to <a href="#a21">21</a>, the
controller may request the provision of additional information
necessary to confirm the identity of the data subject.</p>
<p><span id="a12.7">7.</span> The information to be provided to data
subjects pursuant to Articles <a href="#a13">13</a> and <a href="#a14">14</a> may be provided in combination
with standardised icons in order to give in an easily visible,
intelligible and clearly legible manner a meaningful overview of the
intended processing. Where the icons are presented electronically they
shall be machine-readable.</p>
<p><span id="a12.8">8.</span> The Commission shall be empowered to
adopt delegated acts in accordance with <a href="#a92">Article 92</a> for the purpose of
determining the information to be presented by the icons and the
procedures for providing standardised icons.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 2<br />Information and access to personal data</i></span></h1>
<h3 id="a13"><span large="">Article 13<br />Information to be provided where personal data are collected from the data subject</span></h3>
<p><span id="a13.1">1.</span> 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:</p>
<p>(<span id="a13.1.a">a</span>) the identity and the contact details of the controller and, where applicable, of the controller's representative;</p>
<p>(<span id="a13.1.b">b</span>) the contact details of the data protection officer, where applicable;</p>
<p>(<span id="a13.1.c">c</span>) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;</p>
<p>(<span id="a13.1.d">d</span>) where the processing is based on point (f) of <a href="#a6.1">Article 6(1)</a>, the
legitimate interests pursued by the controller or by a third party;</p>
<p>(<span id="a13.1.e">e</span>) the recipients or categories of recipients of the personal data, if any;</p>
<p>(<span id="a13.1.f">f</span>) where applicable, the fact that the controller intends to
transfer personal data to a third country or international organisation
and the existence or absence of an adequacy decision by the Commission,
or in the case of transfers referred to in <a href="#a46">Article 46</a> or <a href="#a47">47</a>, or the
second subparagraph of <a href="#a49.1">Article 49(1)</a>, reference to the appropriate or
suitable safeguards and the means by which to obtain a copy of them or
where they have been made available.</p>
<p><span id="a13.2">2.</span> In addition to the information referred
to in paragraph 1, the controller shall, at the time when personal data
are obtained, provide the data subject with the following further
information necessary to ensure fair and transparent processing:</p>
<p>(<span id="a13.2.a">a</span>) the period for which the personal data will be stored, or if
that is not possible, the criteria used to determine that period;</p>
<p>(<span id="a13.2.b">b</span>) 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 or to object to processing as
well as the right to data portability;</p>
<p>(<span id="a13.2.c">c</span>) where the processing is based on point (a) of <a href="#a6.1">Article 6(1)</a> or
point (a) of <a href="#a9.2">Article 9(2)</a>, the existence of the right to withdraw
consent at any time, without affecting the lawfulness of processing
based on consent before its withdrawal;</p>
<p>(<span id="a13.2.d">d</span>) the right to lodge a complaint with a supervisory authority;</p>
<p>(<span id="a13.2.e">e</span>) whether the provision of personal data is a statutory or
contractual requirement, or a requirement necessary to enter into a
contract, as well as whether the data subject is obliged to provide the
personal data and of the possible consequences of failure to provide
such data;</p>
<p>(<span id="a13.2.f">f</span>) the existence of automated decision-making, including profiling,
referred to in <a href="#a22.1">Article 22(1)</a> and <a href="#a22.4">(4)</a> 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.</p>
<p><span id="a13.3">3.</span> Where the controller intends to further
process the personal data for a purpose other than that for which the
personal data were collected, the controller shall provide the data
subject prior to that further processing with information on that other
purpose and with any relevant further information as referred to in
paragraph 2.</p>
<p><span id="a13.4">4.</span> Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.</p>
<h3 id="a14"><span large="">Article 14<br />Information to be provided where personal data have not been obtained from the data subject</span></h3>
<p><span id="a14.1">1.</span> Where personal data have not been
obtained from the data subject, the controller shall provide the data
subject with the following information:</p>
<p>(<span id="a13.4.a">a</span>) the identity and the contact details of the controller and, where applicable, of the controller's representative;</p>
<p>(<span id="a13.4.b">b</span>) the contact details of the data protection officer, where applicable;</p>
<p>(<span id="a13.4.c">c</span>) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;</p>
<p>(<span id="a13.4.d">d</span>) the categories of personal data concerned;</p>
<p>(<span id="a13.4.e">e</span>) the recipients or categories of recipients of the personal data, if any;</p>
<p>(<span id="a13.4.f">f</span>) where applicable, that the controller intends to transfer
personal data to a recipient in a third country or international
organisation and the existence or absence of an adequacy decision by
the Commission, or in the case of transfers referred to in <a href="#a46">Article 46</a>
or <a href="#a47">47</a>, or the second subparagraph of <a href="#a49.1">Article 49(1)</a>, reference to the
appropriate or suitable safeguards and the means to obtain a copy of
them or where they have been made available.</p>
<p><span id="a14.2">2.</span> 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:</p>
<p>(<span id="a14.2.a">a</span>) the period for which the personal data will be stored, or if
that is not possible, the criteria used to determine that period;</p>
<p>(<span id="a14.2.b">b</span>) where the processing is based on point (f) of <a href="#a6.1">Article 6(1)</a>, the
legitimate interests pursued by the controller or by a third party;</p>
<p>(<span id="a14.2.c">c</span>) 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;</p>
<p>(<span id="a14.2.d">d</span>) where processing is based on point (a) of <a href="#a6.1">Article 6(1)</a> or point
(a) of <a href="#a9.2">Article 9(2)</a>, the existence of the right to withdraw consent at
any time, without affecting the lawfulness of processing based on
consent before its withdrawal;</p>
<p>(<span id="a14.2.e">e</span>) the right to lodge a complaint with a supervisory authority;</p>
<p>(<span id="a14.2.f">f</span>) from which source the personal data originate, and if applicable, whether it came from publicly accessible sources;</p>
<p>(<span id="a14.2.g">g</span>) the existence of automated decision-making, including profiling,
referred to in <a href="#a22.1">Article 22(1)</a> and <a href="#a22.4">(4)</a> 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.</p>
<p><span id="a14.3">3.</span> The controller shall provide the information referred to in paragraphs 1 and 2:</p>
<p>(<span id="a14.3.a">a</span>) within a reasonable period after obtaining the personal data,
but at the latest within one month, having regard to the specific
circumstances in which the personal data are processed;</p>
<p>(<span id="a14.3.b">b</span>) if the personal data are to be used for communication with the
data subject, at the latest at the time of the first communication to
that data subject; or</p>
<p>(<span id="a14.3.c">c</span>) if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.</p>
<p><span id="a14.4">4.</span> Where the controller intends to further
process the personal data for a purpose other than that for which the
personal data were obtained, the controller shall provide the data
subject prior to that further processing with information on that other
purpose and with any relevant further information as referred to in
paragraph 2.</p>
<p><span id="a14.5">5.</span> Paragraphs 1 to 4 shall not apply where and insofar as:</p>
<p>(<span id="a14.5.a">a</span>) the data subject already has the information;</p>
<p>(<span id="a14.5.b">b</span>) the provision of such information proves impossible or would
involve a disproportionate effort, in particular for processing for
archiving purposes in the public interest, scientific or historical
research purposes or statistical purposes, subject to the conditions
and safeguards referred to in <a href="#a89.1">Article 89(1)</a> or in so far as the
obligation referred to in paragraph 1 of this Article is likely to
render impossible or seriously impair the achievement of the objectives
of that processing. In such cases the controller shall take appropriate
measures to protect the data subject's rights and freedoms and
legitimate interests, including making the information publicly
available;</p>
<p>(<span id="a14.5.c">c</span>) obtaining or disclosure is expressly laid down by Union or
Member State law to which the controller is subject and which provides
appropriate measures to protect the data subject's legitimate
interests; or</p>
<p>(<span id="a14.5.d">d</span>) where the personal data must remain confidential subject to an
obligation of professional secrecy regulated by Union or Member State
law, including a statutory obligation of secrecy.</p>
<h3 id="a15"><span large="">Article 15<br />Right of access by the data subject</span></h3>
<p><span id="a15.1">1.</span> 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:</p>
<p>(<span id="a15.1.a">a</span>) the purposes of the processing;</p>
<p>(<span id="a15.1.b">b</span>) the categories of personal data concerned;</p>
<p>(<span id="a15.1.c">c</span>) the recipients or categories of recipient to whom the personal
data have been or will be disclosed, in particular recipients in third
countries or international organisations;</p>
<p>(<span id="a15.1.d">d</span>) where possible, the envisaged period for which the personal data
will be stored, or, if not possible, the criteria used to determine
that period;</p>
<p>(<span id="a15.1.e">e</span>) the existence of the right to request from the controller
rectification or erasure of personal data or restriction of processing
of personal data concerning the data subject or to object to such
processing;</p>
<p>(<span id="a15.1.f">f</span>) the right to lodge a complaint with a supervisory authority;</p>
<p>(<span id="a15.1.g">g</span>) where the personal data are not collected from the data subject, any available information as to their source;</p>
<p>(<span id="a15.1.h">h</span>) the existence of automated decision-making, including profiling,
referred to in <a href="#a22.1">Article 22(1)</a> 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.</p>
<p><span id="a15.2">2.</span> Where personal data are transferred to a
third country or to an international organisation, the data subject
shall have the right to be informed of the appropriate safeguards
pursuant to <a href="#a46">Article 46</a> relating to the transfer.</p>
<p><span id="a15.3">3.</span> The controller shall provide a copy of
the personal data undergoing processing. For any further copies
requested by the data subject, the controller may charge a reasonable
fee based on administrative costs. Where the data subject makes the
request by electronic means, and unless otherwise requested by the data
subject, the information shall be provided in a commonly used
electronic form.</p>
<p><span id="a15.4">4.</span> The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 3<br />Rectification and erasure</i></span></h1>
<h3 id="a16"><span large="">Article 16<br />Right to rectification</span></h3>
<p>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. Taking into account the purposes of the
processing, the data subject shall have the right to have incomplete
personal data completed, including by means of providing a
supplementary statement.</p>
<h3 id="a17"><span large="">Article 17<br />Right to erasure ('right to be forgotten')<span><br /></span></span></h3>
<p><span style="font-weight: bold;"></span><span id="a17.2">1.</span> The data subject shall
have the right to obtain from the controller the erasure of personal
data concerning him or her without undue delay and the controller shall
have the obligation to erase personal data without undue delay where
one of the following grounds applies:</p>
<p>(<span id="a17.1.a">a</span>) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;</p>
<p>(<span id="a17.1.b">b</span>) the data subject withdraws consent on which the processing is
based according to point (a) of <a href="#a6.1">Article 6(1)</a>, or point (a) of <a href="#a9.2">Article 9(2)</a>, and where there is no other legal ground for the processing;</p>
<p>(<span id="a17.1.c">c</span>) the data subject objects to the processing pursuant to Article
21(1) and there are no overriding legitimate grounds for the
processing, or the data subject objects to the processing pursuant to
<a href="#a21.2">Article 21(2)</a>;</p>
<p>(<span id="a17.1.d">d</span>) the personal data have been unlawfully processed;</p>
<p>(<span id="a17.1.e">e</span>) the personal data have to be erased for compliance with a legal
obligation in Union or Member State law to which the controller is
subject;</p>
<p>(<span id="a17.1.f">f</span>) the personal data have been collected in relation to the offer of information society services referred to in <a href="#a8.1">Article 8(1)</a>.</p>
<p><span id="a17.2">2.</span> Where the controller has made the
personal data public and is obliged pursuant to paragraph 1 to erase
the personal data, the controller, taking account of available
technology and the cost of implementation, shall take reasonable steps,
including technical measures, to inform controllers which are
processing the personal data that the data subject has requested the
erasure by such controllers of any links to, or copy or replication of,
those personal data.</p>
<p><span id="a17.3">3.</span> Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:</p>
<p>(<span id="a4.17.a">a</span>) for exercising the right of freedom of expression and information;</p>
<p>(<span id="a17.3.b">b</span>) for compliance with a legal obligation which requires processing
by Union or Member State law to which the controller is subject or for
the performance of a task carried out in the public interest or in the
exercise of official authority vested in the controller;</p>
<p>(<span id="a17.3.c">c</span>) for reasons of public interest in the area of public health in
accordance with points (h) and (i) of <a href="#a9.2">Article 9(2)</a> as well as Article
9(3);</p>
<p>(<span id="a17.3.d">d</span>) for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes in accordance with
<a href="#a89.1">Article 89(1)</a> in so far as the right referred to in paragraph 1 is
likely to render impossible or seriously impair the achievement of the
objectives of that processing; or</p>
<p>(<span id="a17.3.e">e</span>) for the establishment, exercise or defence of legal claims.</p>
<h3 id="a18"><span large="">Article 18<br />Right to restriction of processing</span></h3>
<p><span id="a18.1">1.</span> The data subject shall have the right to
obtain from the controller restriction of processing where one of the
following applies:</p>
<p>(<span id="a18.1.a">a</span>) 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;</p>
<p>(<span id="a18.1.b">b</span>) the processing is unlawful and the data subject opposes the
erasure of the personal data and requests the restriction of their use
instead;</p>
<p>(<span id="a18.1.c">c</span>) 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;</p>
<p>(<span id="a18.1.d">d</span>) the data subject has objected to processing pursuant to Article
21(1) pending the verification whether the legitimate grounds of the
controller override those of the data subject.</p>
<p><span id="a18.2">2.</span> Where processing has been restricted
under paragraph 1, such personal data shall, with the exception of
storage, only be processed with the data subject's consent or for the
establishment, exercise or defence of legal claims or for the
protection of the rights of another natural or legal person or for
reasons of important public interest of the Union or of a Member State.</p>
<p><span id="a18.3">3.</span> A data subject who has obtained
restriction of processing pursuant to paragraph 1 shall be informed by
the controller before the restriction of processing is lifted.</p>
<h3 id="a19"><span large="">Article 19<br />Notification obligation regarding rectification or erasure of personal data or restriction of processing</span></h3>
<p>The controller shall communicate any rectification or erasure of
personal data or restriction of processing carried out in accordance
with <a href="#a16">Article 16</a>, <a href="#a17.1">Article 17(1)</a> and <a href="#a18">Article 18</a> to each recipient to whom
the personal data have been disclosed, unless this proves impossible or
involves disproportionate effort. The controller shall inform the data
subject about those recipients if the data subject requests it.</p>
<h3 id="a20"><span large="">Article 20<br />Right to data portability</span></h3>
<p><span id="a20.1">1.</span> The data subject shall have the right to
receive the personal data concerning him or her, which he or she has
provided to a controller, in a structured, commonly used and
machine-readable format and have the right to transmit those data to
another controller without hindrance from the controller to which the
personal data have been provided, where:</p>
<p>(<span id="a20.1.a">a</span>) the processing is based on consent pursuant to point (a) of
<a href="#a6.1">Article 6(1)</a> or point (a) of <a href="#a9.2">Article 9(2)</a> or on a contract pursuant to
point (b) of <a href="#a6.1">Article 6(1)</a>; and</p>
<p>(<span id="a20.1.b">b</span>) the processing is carried out by automated means.</p>
<p><span id="a20.2">2.</span> In exercising his or her right to data
portability pursuant to paragraph 1, the data subject shall have the
right to have the personal data transmitted directly from one
controller to another, where technically feasible.</p>
<p><span id="a20.3">3.</span> The exercise of the right referred to in
paragraph 1 of this Article shall be without prejudice to <a href="#a17">Article 17</a>.
That right shall not apply to processing necessary for the performance
of a task carried out in the public interest or in the exercise of
official authority vested in the controller.</p>
<p><span id="a20.4">4.</span> The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 4<br />Right to object and automated individual decision-making</i></span></h1>
<h3 id="a21">Article 21<span large=""> Right to object</span></h3>
<p>1. The data subject shall have the right to object, on grounds
relating to his or her particular situation, at any time to processing
of personal data concerning him or her which is based on point (e) or
(f) of <a href="#a6.1">Article 6(1)</a>, including profiling based on those provisions. The
controller shall no longer process the personal data unless the
controller demonstrates compelling legitimate grounds for the
processing which override the interests, rights and freedoms of the
data subject or for the establishment, exercise or defence of legal
claims.</p>
<p><span id="a21.2">2.</span> Where personal data are processed for
direct marketing purposes, the data subject shall have the right to
object at any time to processing of personal data concerning him or her
for such marketing, which includes profiling to the extent that it is
related to such direct marketing.</p>
<p><span id="a21.3">3.</span> Where the data subject objects to
processing for direct marketing purposes, the personal data shall no
longer be processed for such purposes.</p>
<p><span id="a21.4">4.</span> At the latest at the time of the first
communication with the data subject, the right referred to in
paragraphs 1 and 2 shall be explicitly brought to the attention of the
data subject and shall be presented clearly and separately from any
other information.</p>
<p><span id="a21.5">5.</span> In the context of the use of information
society services, and notwithstanding Directive 2002/58/EC, the data
subject may exercise his or her right to object by automated means
using technical specifications.</p>
<p><span id="a21.6">6.</span> Where personal data are processed for
scientific or historical research purposes or statistical purposes
pursuant to <a href="#a89.1">Article 89(1)</a>, the data subject, on grounds relating to his
or her particular situation, shall have the right to object to
processing of personal data concerning him or her, unless the
processing is necessary for the performance of a task carried out for
reasons of public interest.</p>
<h3 id="a22"><span large="">Article 22<br />Automated individual decision-making, including profiling</span></h3>
<p><span id="a22.1">1.</span> The data subject shall have the right not
to be subject to a decision based solely on automated processing,
including profiling, which produces legal effects concerning him or her
or similarly significantly affects him or her.</p>
<p><span id="a22.2">2.</span> Paragraph 1 shall not apply if the decision:</p>
<p>(<span id="a22.2.a">a</span>) is necessary for entering into, or performance of, a contract between the data subject and a data controller;</p>
<p>(<span id="a22.2.b">b</span>) is authorised by Union or Member State 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</p>
<p>(<span id="a22.2.c">c</span>) is based on the data subject's explicit consent.</p>
<p><span id="a22.3">3.</span> In the cases referred to in points (a)
and (c) of paragraph 2, the data controller shall implement suitable
measures to safeguard the data subject's rights and freedoms and
legitimate interests, at least the right to obtain human intervention
on the part of the controller, to express his or her point of view and
to contest the decision.</p>
<p><span id="a22.4">4.</span> Decisions referred to in paragraph 2
shall not be based on special categories of personal data referred to
in <a href="#a9.1">Article 9(1)</a>, unless point (a) or (g) of <a href="#a9.2">Article 9(2)</a> applies and
suitable measures to safeguard the data subject's rights and freedoms
and legitimate interests are in place.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 5<br />Restrictions</i></span></h1>
<h3 id="a23">Article 23<span large=""> Restrictions</span></h3>
<p><span id="a23.1">1.</span> 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 <a href="#a12">12</a> to <a href="#a22">22</a> and <a href="#a34">Article 34</a>, as well as <a href="#a5">Article 5</a> in so far
as its provisions correspond to the rights and obligations provided for
in Articles <a href="#a12">12</a> to <a href="#a22">22</a>, when such a restriction respects the essence of
the fundamental rights and freedoms and is a necessary and
proportionate measure in a democratic society to safeguard:</p>
<p>(<span id="a23.1.a">a</span>) national security;</p>
<p>(<span id="a23.1.b">b</span>) defence;</p>
<p>(<span id="a23.1.c">c</span>) public security;</p>
<p>(<span id="a23.1.d">d</span>) the prevention, investigation, detection or prosecution of
criminal offences or the execution of criminal penalties, including the
safeguarding against and the prevention of threats to public security;</p>
<p>(<span id="a23.1.e">e</span>) other important objectives of general public interest of the
Union or of a Member State, in particular an important economic or
financial interest of the Union or of a Member State, including
monetary, budgetary and taxation a matters, public health and social
security;</p>
<p>(<span id="a23.1.f">f</span>) the protection of judicial independence and judicial proceedings;</p>
<p>(<span id="a23.1.g">g</span>) the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;</p>
<p>(<span id="a23.1.h">h</span>) a monitoring, inspection or regulatory function connected, even
occasionally, to the exercise of official authority in the cases
referred to in points (a) to (e) and (g);</p>
<p>(<span id="a23.1.i">i</span>) the protection of the data subject or the rights and freedoms of others;</p>
<p>(<span id="a23.1.j">j</span>) the enforcement of civil law claims.</p>
<p><span id="a23.2">2.</span> In particular, any legislative measure
referred to in paragraph 1 shall contain specific provisions at least,
where relevant, as to:</p>
<p>(<span id="a23.2.a">a</span>) the purposes of the processing or categories of processing;</p>
<p>(<span id="a23.2.b">b</span>) the categories of personal data;</p>
<p>(<span id="a23.2.c">c</span>) the scope of the restrictions introduced;</p>
<p>(<span id="a23.2.d">d</span>) the safeguards to prevent abuse or unlawful access or transfer;</p>
<p>(<span id="a23.2.e">e</span>) the specification of the controller or categories of controllers;</p>
<p>(<span id="a23.2.f">f</span>) the storage periods and the applicable safeguards taking into
account the nature, scope and purposes of the processing or categories
of processing;</p>
<p>(<span id="a23.2.g">g</span>) the risks to the rights and freedoms of data subjects; and</p>
<p>(<span id="a23.2.h">h</span>) the right of data subjects to be informed about the restriction,
unless that may be prejudicial to the purpose of the restriction.</p>
<h1 style="text-align: center;"><span id="c4" style="font-size: large;"><i>CHAPTER IV<br /></i><i>Controller and processor<br /></i><i><br /></i><i>Section 1<br /></i><i>General obligations</i></span></h1>
<h3 id="a24">Article 24<span large=""> Responsibility of the controller</span></h3>
<p><span id="a24.1">1.</span> Taking into account the nature, scope,
context and purposes of processing as well as the risks of varying
likelihood and severity for the rights and freedoms of natural persons,
the controller shall implement appropriate technical and organisational
measures to ensure and to be able to demonstrate that processing is
performed in accordance with this Regulation. Those measures shall be
reviewed and updated where necessary.</p>
<p><span id="a24.2">2.</span> Where proportionate in relation to
processing activities, the measures referred to in paragraph 1 shall
include the implementation of appropriate data protection policies by
the controller.</p>
<p><span id="a24.3">3.</span> Adherence to approved codes of conduct as
referred to in <a href="#a40">Article 40</a> or approved certification mechanisms as
referred to in <a href="#a42">Article 42</a> may be used as an element by which to
demonstrate compliance with the obligations of the controller.</p>
<h3 id="a25"><span large="">Article 25<br />Data protection by design and by default</span></h3>
<p><span id="a25.1">1.</span> Taking into account the state of the art,
the cost of implementation and the nature, scope, context and purposes
of processing as well as the risks of varying likelihood and severity
for rights and freedoms of natural persons posed by the processing, the
controller shall, both at the time of the determination of the means
for processing and at the time of the processing itself, implement
appropriate technical and organisational measures, such as
pseudonymisation, which are designed to implement data-protection
principles, such as data minimisation, in an effective manner and to
integrate the necessary safeguards into the processing in order to meet
the requirements of this Regulation and protect the rights of data
subjects.</p>
<p><span id="a25.2">2.</span> The controller shall implement
appropriate technical and organisational measures for ensuring that, by
default, only personal data which are necessary for each specific
purpose of the processing are processed. That obligation applies to the
amount of personal data collected, the extent of their processing, the
period of their storage and their accessibility. In particular, such
measures shall ensure that by default personal data are not made
accessible without the individual's intervention to an indefinite
number of natural persons.</p>
<p><span id="a25.3">3.</span> An approved certification mechanism
pursuant to <a href="#a42">Article 42</a> may be used as an element to demonstrate
compliance with the requirements set out in paragraphs 1 and 2 of this
Article.</p>
<h3 id="a26"><span large="">Article 26<br />Joint controllers</span></h3>
<p><span id="a26.1">1.</span> Where two or more controllers jointly
determine the purposes and means of processing, they shall be joint
controllers. They 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 the
information referred to in Articles <a href="#a13">13</a> and <a href="#a14">14</a>, by means of an
arrangement between them unless, and in so far as, the respective
responsibilities of the controllers are determined by Union or Member
State law to which the controllers are subject. The arrangement may
designate a contact point for data subjects.</p>
<p><span id="a26.2">2.</span> The arrangement referred to in paragraph
1 shall duly reflect the respective roles and relationships of the
joint controllers <span style="font-style: italic;">vis-Ã -vis</span> the data subjects. The essence of the arrangement shall be made available to the data subject.</p>
<p><span id="a26.3">3.</span> Irrespective of the terms of the
arrangement referred to in paragraph 1, the data subject may exercise
his or her rights under this Regulation in respect of and against each
of the controllers.</p>
<h3 id="a27"><span large="">Article 27<br />Representatives of controllers or processors not established in the Union</span></h3>
<p><span id="a27.1">1.</span> Where <a href="#a3.2">Article 3(2)</a> applies, the controller or the processor shall designate in writing a representative in the Union.</p>
<p><span id="a27.2">2.</span> The obligation laid down in paragraph 1 of this Article shall not apply to:</p>
<p>(<span id="a27.2.a">a</span>) processing which is occasional, does not include, on a large
scale, processing of special categories of data as referred to in
<a href="#a9.1">Article 9(1)</a> or processing of personal data relating to criminal
convictions and offences referred to in <a href="#a10">Article 10</a>, and is unlikely to
result in a risk to the rights and freedoms of natural persons, taking
into account the nature, context, scope and purposes of the processing;
or</p>
<p>(<span id="a27.2.b">b</span>) a public authority or body.</p>
<p><span id="a27.3">3.</span> The representative shall be established
in one of the Member States where the data subjects, whose personal
data are processed in relation to the offering of goods or services to
them, or whose behaviour is monitored, are.</p>
<p><span id="a27.4">4.</span> The representative shall be mandated by
the controller or processor to be addressed in addition to or instead
of the controller or the processor by, in particular, supervisory
authorities and data subjects, on all issues related to processing, for
the purposes of ensuring compliance with this Regulation.</p>
<p><span id="a27.5">5.</span> The designation of a representative by
the controller or processor shall be without prejudice to legal actions
which could be initiated against the controller or the processor
themselves.</p>
<h3 id="a28"><span large="">Article 28<br />Processor</span></h3>
<p><span id="a28.1">1.</span> 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.</p>
<p><span id="a28.2">2.</span> The processor shall not engage another
processor without prior specific or general written authorisation of
the controller. In the case of general written authorisation, the
processor shall inform the controller of any intended changes
concerning the addition or replacement of other processors, thereby
giving the controller the opportunity to object to such changes.</p>
<p><span id="a28.3">3.</span> Processing by a processor shall be
governed by a contract or other legal act under Union or Member State
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. That contract or other legal act shall stipulate, in
particular, that the processor:</p>
<p>(<span id="a28.3.a">a</span>) processes the personal data only on
documented instructions from the controller, including with regard to
transfers of personal data to a third country or an international
organisation, unless required to do so by Union or Member State law to
which the processor is subject; in such a case, the processor shall
inform the controller of that legal requirement before processing,
unless that law prohibits such information on important grounds of
public interest;</p>
<p>(<span id="a28.3.b">b</span>) ensures that persons authorised to
process the personal data have committed themselves to confidentiality
or are under an appropriate statutory obligation of confidentiality;</p>
<p>(<span id="a28.3.c">c</span>) takes all measures required pursuant to <a href="#a32">Article 32</a>;</p>
<p>(<span id="a28.3.d">d</span>) respects the conditions referred to in paragraphs <a href="#a28.2">2 and </a><a href="#a28.4">4 for engaging another processor;</a></p>
<p>(<span id="a28.3.e">e</span>) taking into account the nature of the
processing, assists the controller by appropriate technical and
organisational measures, insofar as this is possible, for the
fulfilment of the controller's obligation to respond to requests for
exercising the data subject's rights laid down in Chapter III;</p>
<p>(<span id="a28.3.f">f</span>) assists the controller in ensuring
compliance with the obligations pursuant to Articles <a href="#a32">32</a> to <a href="#a36">36</a> taking
into account the nature of processing and the information available to
the processor;</p>
<p>(<span id="a28.3.g">g</span>) at the choice of the controller,
deletes or returns all the personal data to the controller after the
end of the provision of services relating to processing, and deletes
existing copies unless Union or Member State law requires storage of
the personal data;</p>
<p>(<span id="a28.3.h">h</span>) makes available to the controller all
information necessary to demonstrate compliance with the obligations
laid down in this Article and allow for and contribute to audits,
including inspections, conducted by the controller or another auditor
mandated by the controller.</p>
<p>With regard to point (h) of the first subparagraph, the processor
shall immediately inform the controller if, in its opinion, an
instruction infringes this Regulation or other Union or Member State
data protection provisions.</p>
<p><span id="a28.4">4.</span> Where a processor engages another
processor for carrying out specific processing activities on behalf of
the controller, the same data protection obligations as set out in the
contract or other legal act between the controller and the processor as
referred to in paragraph 3 shall be imposed on that other processor by
way of a contract or other legal act under Union or Member State law,
in particular providing sufficient guarantees to implement appropriate
technical and organisational measures in such a manner that the
processing will meet the requirements of this Regulation. Where that
other processor fails to fulfil its data protection obligations, the
initial processor shall remain fully liable to the controller for the
performance of that other processor's obligations.</p>
<p><span id="a28.5">5.</span> Adherence of a processor to an approved
code of conduct as referred to in <a href="#a40">Article 40</a> or an approved
certification mechanism as referred to in <a href="#a42">Article 42</a> may be used as an
element by which to demonstrate sufficient guarantees as referred to in
paragraphs <a href="a28.5">1</a> and <a href="28.5">4</a> of this Article.</p>
<p><span id="a28.6">6.</span> Without prejudice to an individual
contract between the controller and the processor, the contract or the
other legal act referred to in paragraphs <a href="#a28.3">3</a> and <a href="#a28.4">4</a> of this Article may
be based, in whole or in part, on standard contractual clauses referred
to in paragraphs <a href="#a28.7">7 and </a><a href="#a28.8">8 of this Article, including when they are part
of a certification granted to the controller or processor pursuant to
Articles </a><a href="#a42">42</a> and <a href="#a43">43</a>.</p>
<p><span id="a28.7">7.</span> The Commission may lay down standard
contractual clauses for the matters referred to in <a href="#a28.3">3</a> and <a href="#a28.4">4</a> of
this Article and in accordance with the examination procedure referred
to in <a href="#a93.2">Article 93(2)</a>.</p>
<p><span id="a28.8">8.</span> A supervisory authority may adopt
standard contractual clauses for the matters referred to in paragraph <a href="#a28.3">3</a> and <a href="#a28.4">4</a> of this Article and in accordance with the consistency mechanism referred to in <a href="#a63">Article 63</a>.</p>
<p><span id="a28.9">9.</span> The contract or the other legal act referred to in paragraphs <a href="#a28.3">3</a> and <a href="#a28.4">4 shall be in writing, including in electronic form.</a></p>
<p><span id="a28.10">10. Without prejudice to Articles <a href="#a82">82</a>, <a href="#a83">83</a> and <a href="#a84">84</a>, if a processor
infringes this Regulation by determining the purposes and means of
processing, the processor shall be considered to be a controller in
respect of that processing.</p>
<h3 id="a29"><span large="">Article 29<br />Processing under the authority of the controller or processor</span></h3>
<p>The processor and any person acting under the authority of the
controller or of the processor, who has access to personal data, shall
not process those data except on instructions from the controller,
unless required to do so by Union or Member State law.</p>
<h3 id="a30"><span large="">Article 30<br />Records of processing activities</span></h3>
<p><span id="a30.1">1.</span> Each controller and, where applicable, the controller's
representative, shall maintain a record of processing activities under
its responsibility. That record shall contain all of the following
information:</p>
<p>(<span id="a30.1.a">a</span>) the name and contact details of the controller and, where
applicable, the joint controller, the controller's representative and
the data protection officer;</p>
<p>(<span id="a30.1.b">b</span>) the purposes of the processing;</p>
<p>(<span id="a30.1.c">c</span>) a description of the categories of data subjects and of the categories of personal data;</p>
<p>(<span id="a30.1.d">d</span>) the categories of recipients to whom the personal data have been
or will be disclosed including recipients in third countries or
international organisations;</p>
<p>(<span id="a30.1.e">e</span>) where applicable, transfers of personal data to a third country
or an international organisation, including the identification of that
third country or international organisation and, in the case of
transfers referred to in the second subparagraph of <a href="#a49.1">Article 49(1)</a>, the
documentation of suitable safeguards;</p>
<p>(<span id="a30.1.f">f</span>) where possible, the envisaged time limits for erasure of the different categories of data;</p>
<p>(<span id="a30.1.g">g</span>) where possible, a general description of the technical and organisational security measures referred to in <a href="#a32.1">Article 32(1)</a>.</p>
<p></p><p><span id="a30.2">2.</span> Each processor and, where applicable, the processor's
representative shall maintain a record of all categories of processing
activities carried out on behalf of a controller, containing:</p>
<p>(<span id="a30.2.a">a</span>) the name and contact details of the processor or processors and
of each controller on behalf of which the processor is acting, and,
where applicable, of the controller's or the processor's
representative, and the data protection officer;</p>
<p>(<span id="a30.2.b">b</span>) the categories of processing carried out on behalf of each controller;</p>
<p>(<span id="a30.2.c">c</span>) where applicable, transfers of personal data to a third country
or an international organisation, including the identification of that
third country or international organisation and, in the case of
transfers referred to in the second subparagraph of <a href="#a49.1">Article 49(1)</a>, the
documentation of suitable safeguards;</p>
<p>(<span id="a30.2.d">d</span>) where possible, a general description of the technical and organisational security measures referred to in <a href="#a32.1">Article 32(1)</a>.</p>
<p>3. The records referred to in paragraphs 1 and 2 shall be in writing, including in electronic form.</p>
<p>4. The controller or the processor and, where applicable, the
controller's or the processor's representative, shall make the record
available to the supervisory authority on request.</p>
<p>5. The obligations referred to in paragraphs 1 and 2 shall not apply
to an enterprise or an organisation employing fewer than 250 persons
unless the processing it carries out is likely to result in a risk to
the rights and freedoms of data subjects, the processing is not
occasional, or the processing includes special categories of data as
referred to in <a href="#a9.1">Article 9(1)</a> or personal data relating to criminal
convictions and offences referred to in <a href="#a10">Article 10</a>.</p>
<h3 id="a31"><span large="">Article 31<br />Cooperation with the supervisory authority</span></h3>
<p>The controller and the processor and, where applicable, their
representatives, shall cooperate, on request, with the supervisory
authority in the performance of its tasks.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 2<br />Security of personal data</i></span></h1>
<h3 id="a32">Article 32<span large=""> Security of processing</span></h3>
<p><span id="a32.1">1.</span> Taking into account the state of the art,
the costs of implementation and the nature, scope, context and purposes
of processing as well as the risk of varying likelihood and severity
for the rights and freedoms of natural persons, the controller and the
processor shall implement appropriate technical and organisational
measures to ensure a level of security appropriate to the risk,
including inter alia as appropriate:</p>
<p>(<span id="a32.1.a">a</span>) the pseudonymisation and encryption of personal data;</p>
<p>(<span id="a32.1.b">b</span>) the ability to ensure the ongoing confidentiality, integrity,
availability and resilience of processing systems and services;</p>
<p>(<span id="a32.1.c">c</span>) the ability to restore the availability and access to personal
data in a timely manner in the event of a physical or technical
incident;</p>
<p>(<span id="a32.1.d">d</span>) a process for regularly testing, assessing and evaluating the
effectiveness of technical and organisational measures for ensuring the
security of the processing.</p>
<p><span id="a32.2">2.</span> In assessing the appropriate level of
security account shall be taken in particular of the risks that are
presented by processing, in particular from accidental or unlawful
destruction, loss, alteration, unauthorised disclosure of, or access to
personal data transmitted, stored or otherwise processed.</p>
<p><span id="a32.3">3.</span> Adherence to an approved code of conduct
as referred to in <a href="#a40">Article 40</a> or an approved certification mechanism as
referred to in <a href="#a42">Article 42</a> may be used as an element by which to
demonstrate compliance with the requirements set out in paragraph 1 of
this Article.</p>
<p><span id="a32.4">4.</span> The controller and processor shall take
steps to ensure that any natural person acting under the authority of
the controller or the processor who has access to personal data does
not process them except on instructions from the controller, unless he
or she is required to do so by Union or Member State law.</p>
<h3 id="a33"><span large="">Article 33<br />Notification of a personal data breach to the supervisory authority</span></h3>
<p><span id="a33.1">1.</span> In the case of a personal data breach,
the controller shall without undue delay and, where feasible, not later
than 72 hours after having become aware of it, notify the personal data
breach to the supervisory authority competent in accordance with
Article 55, unless the personal data breach is unlikely to result in a
risk to the rights and freedoms of natural persons. Where the
notification to the supervisory authority is not made within 72 hours,
it shall be accompanied by reasons for the delay.</p>
<p><span id="a33.2">2.</span> The processor shall notify the controller without undue delay after becoming aware of a personal data breach.</p>
<p><span id="a33.3">3.</span> The notification referred to in paragraph 1 shall at least:</p>
<p>(<span id="a33.3.a">a</span>) describe the nature of the personal data breach including where
possible, the categories and approximate number of data subjects
concerned and the categories and approximate number of personal data
records concerned;</p>
<p>(<span id="a33.3.b">b</span>) communicate the name and contact details of the data protection
officer or other contact point where more information can be obtained;</p>
<p>(<span id="a33.3.c">c</span>) describe the likely consequences of the personal data breach;</p>
<p>(<span id="a33.3.d">d</span>) describe the measures taken or proposed to be taken by the
controller to address the personal data breach, including, where
appropriate, measures to mitigate its possible adverse effects.</p>
<p><span id="a33.4">4.</span> Where, and in so far as, it is not
possible to provide the information at the same time, the information
may be provided in phases without undue further delay.</p>
<p><span id="a33.5">5.</span> The controller shall document any
personal data breaches, comprising the facts relating to the personal
data breach, its effects and the remedial action taken. That
documentation shall enable the supervisory authority to verify
compliance with this Article.</p>
<h3 id="a34"><span large="">Article 34<br />Communication of a personal data breach to the data subject</span></h3>
<p>1. When the personal data breach is likely to result in a high risk
to the rights and freedoms of natural persons, the controller shall
communicate the personal data breach to the data subject without undue
delay.</p>
<p><span id="a34.2">2.</span> The communication to the data subject
referred to in paragraph 1 of this Article shall describe in clear and
plain language the nature of the personal data breach and contain at
least the information and measures referred to in points (b), (c) and
(d) of <a href="#a33.3">Article 33(3)</a>.</p>
<p><span id="a34.3">3.</span> The communication to the data subject
referred to in paragraph 1 shall not be required if any of the
following conditions are met:</p>
<p>(<span id="a34.3.a">a</span>) the controller has implemented appropriate technical and
organisational protection measures, and those measures were applied to
the personal data affected by the personal data breach, in particular
those that render the personal data unintelligible to any person who is
not authorised to access it, such as encryption;</p>
<p>(<span id="a34.3.b">b</span>) the controller has taken subsequent measures which ensure that
the high risk to the rights and freedoms of data subjects referred to
in paragraph 1 is no longer likely to materialise;</p>
<p>(<span id="a34.3.c">c</span>) it would involve disproportionate effort. In such a case, there
shall instead be a public communication or similar measure whereby the
data subjects are informed in an equally effective manner.</p>
<p><span id="a34.4">4.</span> If the controller has not already
communicated the personal data breach to the data subject, the
supervisory authority, having considered the likelihood of the personal
data breach resulting in a high risk, may require it to do so or may
decide that any of the conditions referred to in paragraph 3 are met.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 3<br />Data protection impact assessment and prior consultation</i></span></h1>
<h3 id="a35"><span large="">Article 35<br />Data protection impact assessment</span></h3>
<p><span id="a35.1">1.</span> 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. A single assessment may address a set of similar processing
operations that present similar high risks.</p>
<p><span id="a35.2">2.</span> The controller shall seek the advice of
the data protection officer, where designated, when carrying out a data
protection impact assessment.</p>
<p><span id="a35.3">3.</span> A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:</p>
<p>(<span id="a35.3.a">a</span>) a systematic and extensive evaluation of personal aspects
relating to natural persons which is based on automated processing,
including profiling, and on which decisions are based that produce
legal effects concerning the natural person or similarly significantly
affect the natural person;</p>
<p>(<span id="a35.3.b">b</span>) processing on a large scale of special categories of data
referred to in <a href="#a9.1">Article 9(1)</a>, or of personal data relating to criminal
convictions and offences referred to in <a href="#a10">Article 10</a>; or</p>
<p>(<span id="a35.3.c">c</span>) a systematic monitoring of a publicly accessible area on a large scale.</p>
<p><span id="a35.4">4.</span> The supervisory authority shall establish
and make public a list of the kind of processing operations which are
subject to the requirement for a data protection impact assessment
pursuant to paragraph 1. The supervisory authority shall communicate
those lists to the Board referred to in <a href="#a68">Article 68</a>.</p>
<p><span id="a35.5">5.</span> The supervisory authority may also
establish and make public a list of the kind of processing operations
for which no data protection impact assessment is required. The
supervisory authority shall communicate those lists to the Board.</p>
<p><span id="a35.6">6.</span> 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 <a href="#a63">Article 63</a> 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 Member States, or may substantially affect
the free movement of personal data within the Union.</p>
<p><span id="a35.7">7.</span> The assessment shall contain at least:</p>
<p>(<span id="a35.7.a">a</span>) a systematic description of the envisaged processing operations
and the purposes of the processing, including, where applicable, the
legitimate interest pursued by the controller;</p>
<p>(<span id="a35.7.b">b</span>) an assessment of the necessity and proportionality of the processing operations in relation to the purposes;</p>
<p>(<span id="a35.7.c">c</span>) an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and</p>
<p>(<span id="a35.7.d">d</span>) the measures envisaged to address the risks, including
safeguards, security measures and mechanisms to ensure the protection
of personal data and to demonstrate compliance with this Regulation
taking into account the rights and legitimate interests of data
subjects and other persons concerned.</p>
<p><span id="a35.8">8.</span> Compliance with approved codes of conduct
referred to in <a href="#a40">Article 40</a> by the relevant controllers or processors
shall be taken into due account in assessing the impact of the
processing operations performed by such controllers or processors, in
particular for the purposes of a data protection impact assessment.</p>
<p><span id="a35.9">9.</span> Where appropriate, the controller shall
seek the views of data subjects or their representatives on the
intended processing, without prejudice to the protection of commercial
or public interests or the security of processing operations.</p>
<p><span id="a35.10">10.</span> Where processing pursuant to point (c)
or (e) of <a href="#a6.1">Article 6(1)</a> has a legal basis in Union law or in the law of
the Member State to which the controller is subject, that law regulates
the specific processing operation or set of operations in question, and
a data protection impact assessment has already been carried out as
part of a general impact assessment in the context of the adoption of
that legal basis, paragraphs 1 to 7 shall not apply unless Member
States deem it to be necessary to carry out such an assessment prior to
processing activities.</p>
<p><span id="a35.11">11.</span> Where necessary, the controller shall
carry out a review to assess if processing is performed in accordance
with the data protection impact assessment at least when there is a
change of the risk represented by processing operations.</p>
<h3 id="a36"><span large="">Article 36<br />Prior consultation</span></h3>
<p><span id="a36.1">1.</span> The controller shall consult the
supervisory authority prior to processing where a data protection
impact assessment under <a href="#a35">Article 35</a> indicates that the processing would
result in a high risk in the absence of measures taken by the
controller to mitigate the risk.</p>
<p><span id="a36.2">2.</span> Where the supervisory authority is of the
opinion that the intended processing referred to in paragraph 1 would
infringe this Regulation, in particular where the controller has
insufficiently identified or mitigated the risk, the supervisory
authority shall, within period of up to eight weeks of receipt of the
request for consultation, provide written advice to the controller and,
where applicable to the processor, and may use any of its powers
referred to in <a href="#a58">Article 58</a>. That period may be extended by six weeks,
taking into account the complexity of the intended processing. The
supervisory authority shall inform the controller and, where
applicable, the processor, of any such extension within one month of
receipt of the request for consultation together with the reasons for
the delay. Those periods may be suspended until the supervisory
authority has obtained information it has requested for the purposes of
the consultation.</p>
<p><span id="a36.3">3.</span> When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with:</p>
<p>(<span id="a36.3.a">a</span>) where applicable, the respective responsibilities of the
controller, joint controllers and processors involved in the
processing, in particular for processing within a group of undertakings;</p>
<p>(<span id="a36.3.b">b</span>) the purposes and means of the intended processing;</p>
<p>(<span id="a36.3.c">c</span>) the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to this Regulation;</p>
<p>(<span id="a36.3.d">d</span>) where applicable, the contact details of the data protection officer;</p>
<p>(<span id="a36.3.e">e</span>) the data protection impact assessment provided for in <a href="#a35">Article 35</a>; and</p>
<p>(<span id="a36.3.f">f</span>) any other information requested by the supervisory authority.</p>
<p><span id="a36.4">4.</span> Member States shall consult the
supervisory authority during the preparation of a proposal for a
legislative measure to be adopted by a national parliament, or of a
regulatory measure based on such a legislative measure, which relates
to processing.</p>
<p><span id="a36.5">5.</span> Notwithstanding paragraph 1, Member State
law may require controllers to consult with, and obtain prior
authorisation from, the supervisory authority in relation to processing
by a controller for the performance of a task carried out by the
controller in the public interest, including processing in relation to
social protection and public health.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 4<br />Data protection officer</i></span></h1>
<h3 id="a37"><span large="">Article 37<br />Designation of the data protection officer</span></h3>
<p><span id="a37.1">1.</span> The controller and the processor shall designate a data protection officer in any case where:</p>
<p>(<span id="a37.1.a">a</span>) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity;</p>
<p>(<span id="a37.1.b">b</span>) the core activities of the controller or the processor consist
of processing operations which, by virtue of their nature, their scope
and/or their purposes, require regular and systematic monitoring of
data subjects on a large scale; or</p>
<p>(<span id="a37.1.c">c</span>) the core activities of the controller or the processor consist
of processing on a large scale of special categories of data pursuant
to <a href="#a9">Article 9</a> <s>and</s><span style="color: red;">or</span> personal data relating to criminal convictions and offences referred to in <a href="#a10">Article 10</a>.</p>
<p><span id="a37.2">2.</span> A group of undertakings may appoint a
single data protection officer provided that a data protection officer
is easily accessible from each establishment.</p>
<p><span id="a37.3">3.</span> Where the controller or the processor is
a public authority or body, a single data protection officer may be
designated for several such authorities or bodies, taking account of
their organisational structure and size.</p>
<p><span id="a37.4">4.</span> In cases other than those referred to in
paragraph 1, the controller or processor or associations and other
bodies representing categories of controllers or processors may or,
where required by Union or Member State law shall, designate a data
protection officer. The data protection officer may act for such
associations and other bodies representing controllers or processors.</p>
<p><span id="a37.5">5.</span> The data protection officer shall be
designated on the basis of professional qualities and, in particular,
expert knowledge of data protection law and practices and the ability
to fulfil the tasks referred to in <a href="#a39">Article 39</a>.</p>
<p><span id="a37.6">6.</span> The data protection officer may be a
staff member of the controller or processor, or fulfil the tasks on the
basis of a service contract.</p>
<p><span id="a37.7">7.</span> The controller or the processor shall
publish the contact details of the data protection officer and
communicate them to the supervisory authority.</p>
<h3 id="a38"><span large="">Article 38<br />Position of the data protection officer</span></h3>
<p><span id="a38.1">1.</span> 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.</p>
<p><span id="a38.2">2.</span> The controller and processor shall
support the data protection officer in performing the tasks referred to
in <a href="#a39">Article 39</a> by providing resources necessary to carry out those tasks
and access to personal data and processing operations, and to maintain
his or her expert knowledge.</p>
<p><span id="a38.3">3.</span> The controller and processor shall ensure
that the data protection officer does not receive any instructions
regarding the exercise of those tasks. He or she shall not be dismissed
or penalised by the controller or the processor for performing his
tasks. The data protection officer shall directly report to the highest
management level of the controller or the processor.</p>
<p><span id="a38.4">4.</span> Data subjects may contact the data
protection officer with regard to all issues related to processing of
their personal data and to the exercise of their rights under this
Regulation.</p>
<p><span id="a38.5">5.</span> The data protection officer shall be
bound by secrecy or confidentiality concerning the performance of his
or her tasks, in accordance with Union or Member State law.</p>
<p><span id="a38.6">6.</span> The data protection officer may fulfil
other tasks and duties. The controller or processor shall ensure that
any such tasks and duties do not result in a conflict of interests.</p>
<h3 id="a39"><span large="">Article 39<br />Tasks of the data protection officer</span></h3>
<p><span id="a39.1">1.</span> The data protection officer shall have at least the following tasks:</p>
<p>(<span id="a39.1.a">a</span>) 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;</p>
<p>(<span id="a39.1.b">b</span>) to monitor compliance with this Regulation, with other Union or
Member State data protection provisions and with the policies of the
controller or processor in relation to the protection of personal data,
including the assignment of responsibilities, awareness-raising and
training of staff involved in processing operations, and the related
audits;</p>
<p>(<span id="a39.1.c">c</span>) to provide advice where requested as regards the data protection
impact assessment and monitor its performance pursuant to <a href="#a35">Article 35</a>;</p>
<p>(<span id="a39.1.d">d</span>) to cooperate with the supervisory authority;</p>
<p>(<span id="a39.1.e">e</span>) to act as the contact point for the supervisory authority on
issues relating to processing, including the prior consultation
referred to in <a href="#a36">Article 36</a>, and to consult, where appropriate, with
regard to any other matter.</p>
<p><span id="a39.2">2.</span> The data protection officer shall in the
performance of his or her tasks have due regard to the risk associated
with processing operations, taking into account the nature, scope,
context and purposes of processing.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 5<br />Codes of conduct and certification</i></span></h1>
<h3 id="a40">Article 40<span large=""> Codes of conduct</span></h3>
<p><span id="a40.1">1.</span> 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.</p>
<p><span id="a40.2">2.</span> 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:</p>
<p>(<span id="a40.2.a">a</span>) fair and transparent processing;</p>
<p>(<span id="a40.2.b">b</span>) the legitimate interests pursued by controllers in specific contexts;</p>
<p>(<span id="a40.2.c">c</span>) the collection of personal data;</p>
<p>(<span id="a40.2.d">d</span>) the pseudonymisation of personal data;</p>
<p>(<span id="a40.2.e">e</span>) the information provided to the public and to data subjects;</p>
<p>(<span id="a40.2.f">f</span>) the exercise of the rights of data subjects;</p>
<p>(<span id="a40.2.g">g</span>) 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;</p>
<p>(<span id="a40.2.h">h</span>) the measures and procedures referred to in Articles <a href="#a24">24</a> and <a href="#a25">25</a>
and the measures to ensure security of processing referred to in
Article 32;</p>
<p>(<span id="a40.2.i">i</span>) the notification of personal data breaches to supervisory
authorities and the communication of such personal data breaches to
data subjects;</p>
<p>(<span id="a40.2.j">j</span>) the transfer of personal data to third countries or international organisations; or</p>
<p>(<span id="a40.2.k">k</span>) out-of-court proceedings and other dispute resolution procedures
for resolving disputes between controllers and data subjects with
regard to processing, without prejudice to the rights of data subjects
pursuant to Articles <a href="#a77">77</a> and <a href="#a79">79</a>.</p>
<p><span id="a40.3">3.</span> In addition to adherence by controllers
or processors subject to this Regulation, codes of conduct approved
pursuant to paragraph 5 of this Article and having general validity
pursuant to paragraph 9 of this Article may also be adhered to by
controllers or processors that are not subject to this Regulation
pursuant to <a href="#a3">Article 3</a> in order to provide appropriate safeguards within
the framework of personal data transfers to third countries or
international organisations under the terms referred to in point (e) of
<a href="#a46.2">Article 46(2)</a>. Such controllers or processors shall make binding and
enforceable commitments, via contractual or other legally binding
instruments, to apply those appropriate safeguards including with
regard to the rights of data subjects.</p>
<p><span id="a40.4">4.</span> A code of conduct referred to in
paragraph 2 of this Article shall contain mechanisms which enable the
body referred to in <a href="#a41.1">Article 41(1)</a> to carry out the mandatory monitoring
of compliance with its provisions by the controllers or processors
which undertake to apply it, without prejudice to the tasks and powers
of supervisory authorities competent pursuant to <a href="#a55">Article 55</a> or <a href="#a56">56</a>.</p>
<p><span id="a40.5">5.</span> Associations and other bodies referred to
in paragraph 2 of this Article which intend to prepare a code of
conduct or to amend or extend an existing code shall submit the draft
code, amendment or extension to the supervisory authority which is
competent pursuant to <a href="#a55">Article 55</a>. The supervisory authority shall
provide an opinion on whether the draft code, amendment or extension
complies with this Regulation and shall approve that draft code,
amendment or extension if it finds that it provides sufficient
appropriate safeguards.</p>
<p><span id="a40.6">6.</span> Where the draft code, or amendment or
extension is approved in accordance with paragraph 5, and where the
code of conduct concerned does not relate to processing activities in
several Member States, the supervisory authority shall register and
publish the code.</p>
<p><span id="a40.7">7.</span> Where a draft code of conduct relates to
processing activities in several Member States, the supervisory
authority which is competent pursuant to <a href="#a55">Article 55</a> shall, before
approving the draft code, amendment or extension, submit it in the
procedure referred to in <a href="#a63">Article 63</a> to the Board which shall provide an
opinion on whether the draft code, amendment or extension complies with
this Regulation or, in the situation referred to in paragraph 3 of this
Article, provides appropriate safeguards.</p>
<p><span id="a40.8">8.</span> Where the opinion referred to in
paragraph 7 confirms that the draft code, amendment or extension
complies with this Regulation, or, in the situation referred to in
paragraph 3, provides appropriate safeguards, the Board shall submit
its opinion to the Commission.</p>
<p><span id="a40.9">9.</span> The Commission may, by way of
implementing acts, decide that the approved code of conduct, amendment
or extension submitted to it pursuant to paragraph 8 of this Article
have general validity within the Union. Those implementing acts shall
be adopted in accordance with the examination procedure set out in
<a href="#a93.2">Article 93(2)</a>.</p>
<p><span id="a40.10">10.</span> The Commission shall ensure appropriate
publicity for the approved codes which have been decided as having
general validity in accordance with paragraph 9.</p>
<p><span id="a40.11">11.</span> The Board shall collate all approved
codes of conduct, amendments and extensions in a register and shall
make them publicly available by way of appropriate means.</p>
<h3 id="a41"><span large="">Article 41<br />Monitoring of approved codes of conduct</span></h3>
<p><span id="a41.1">1.</span> Without prejudice to the tasks and powers
of the competent supervisory authority under Articles <a href="#a57">57</a> and <a href="#a58">58</a>, the
monitoring of compliance with a code of conduct pursuant to <a href="#a40">Article 40</a>
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.</p>
<p><span id="a41.2">2.</span> A body as referred to in paragraph 1 may be accredited to monitor compliance with a code of conduct where that body has:</p>
<p>(<span id="a41.2.a">a</span>) demonstrated its independence and expertise in relation to the
subject-matter of the code to the satisfaction of the competent
supervisory authority;</p>
<p>(<span id="a41.2.b">b</span>) established procedures which allow it to assess the eligibility
of controllers and processors concerned to apply the code, to monitor
their compliance with its provisions and to periodically review its
operation;</p>
<p>(<span id="a41.2.c">c</span>) established procedures and structures to handle complaints about
infringements of the code or the manner in which the code has been, or
is being, implemented by a controller or processor, and to make those
procedures and structures transparent to data subjects and the public;
and</p>
<p>(<span id="a41.2.d">d</span>) demonstrated to the satisfaction of the competent supervisory
authority that its tasks and duties do not result in a conflict of
interests.</p>
<p><span id="a41.3">3.</span> The competent supervisory authority shall submit the draft <s>criteria</s><span style="color: red;">requirements</span> for
accreditation of a body as referred to in paragraph 1 of this Article
to the Board pursuant to the consistency mechanism referred to in
Article 63.</p>
<p><span id="a41.4">4.</span> Without prejudice to the tasks and powers
of the competent supervisory authority and the provisions of Chapter
VIII, a body as referred to in paragraph 1 of this Article shall,
subject to appropriate safeguards, take appropriate action in cases of
infringement of the code by a controller or processor, including
suspension or exclusion of the controller or processor concerned from
the code. It shall inform the competent supervisory authority of such
actions and the reasons for taking them.</p>
<p><span id="a41.5">5.</span> The competent supervisory authority shall revoke the accreditation of a body as referred to in paragraph 1 if the <s>conditions</s><span style="color: red;">requirements</span> for accreditation are not, or are no longer, met or where actions taken by the body infringe this Regulation.</p>
<p>6. This Article shall not apply to processing carried out by public authorities and bodies.</p>
<h3 id="a42"><span large="">Article 42<br />Certification</span></h3>
<p><span id="a42.1">1.</span> The Member States, the supervisory
authorities, the Board and the Commission shall encourage, in
particular at Union level, the establishment of data protection
certification mechanisms and of data protection seals and marks, for
the purpose of demonstrating compliance with this Regulation of
processing operations by controllers and processors. The specific needs
of micro, small and medium-sized enterprises shall be taken into
account.</p>
<p><span id="a42.2">2.</span> In addition to adherence by controllers
or processors subject to this Regulation, data protection certification
mechanisms, seals or marks approved pursuant to paragraph 5 of this
Article may be established for the purpose of demonstrating the
existence of appropriate safeguards provided by controllers or
processors that are not subject to this Regulation pursuant to Article
3 within the framework of personal data transfers to third countries or
international organisations under the terms referred to in point (f) of
<a href="#a46.2">Article 46(2)</a>. Such controllers or processors shall make binding and
enforceable commitments, via contractual or other legally binding
instruments, to apply those appropriate safeguards, including with
regard to the rights of data subjects.</p>
<p><span id="a42.3">3.</span> The certification shall be voluntary and available via a process that is transparent.</p>
<p><span id="a42.4">4.</span> A certification pursuant to this Article
does not reduce the responsibility of the controller or the processor
for compliance with this Regulation and is without prejudice to the
tasks and powers of the supervisory authorities which are competent
pursuant to <a href="#a55">Article 55</a> or <a href="#a56">56</a>.</p>
<p><span id="a42.5">5.</span> A certification pursuant to this Article
shall be issued by the certification bodies referred to in <a href="#a43">Article 43</a>
or by the competent supervisory authority, on the basis of criteria
approved by that competent supervisory authority pursuant to Article
58(3) or by the Board pursuant to <a href="#a63">Article 63</a>. Where the criteria are
approved by the Board, this may result in a common certification, the
European Data Protection Seal.</p>
<p><span id="a42.6">6.</span> The controller or processor which submits
its processing to the certification mechanism shall provide the
certification body referred to in <a href="#a43">Article 43</a>, or where applicable, the
competent supervisory authority, with all information and access to its
processing activities which are necessary to conduct the certification
procedure.</p>
<p><span id="a42.7">7.</span> Certification shall be issued to a
controller or processor for a maximum period of three years and may be
renewed, under the same conditions, provided that the relevant <s>requirements</s><span style="color: red;">criteria</span> continue
to be met. Certification shall be withdrawn, as applicable, by the
certification bodies referred to in <a href="#a43">Article 43</a> or by the competent
supervisory authority where the <s>requirements</s><span style="color: red;">criteria</span> for the certification are not or are no longer met.</p>
<p><span id="a42.8">8.</span> The Board shall collate all certification
mechanisms and data protection seals and marks in a register and shall
make them publicly available by any appropriate means.</p>
<h3 id="a43"><span large="">Article 43<br />Certification bodies</span></h3>
<p><span id="a43.1">1.</span> Without prejudice to the tasks and powers
of the competent supervisory authority under Articles <a href="#a57">57</a> and <a href="#a58">58</a>,
certification bodies which have an appropriate level of expertise in
relation to data protection shall, after informing the supervisory
authority in order to allow it to exercise its powers pursuant to point
(h) of <a href="#a58.2">Article 58(2)</a> where necessary, issue and renew certification.
Member States shall ensure that those certification bodies are
accredited by one or both of the following:</p>
<p>(<span id="a43.1.a">a</span>) the supervisory authority which is competent pursuant to <a href="#a55">Article 55</a> or <a href="#a56">56</a>;</p>
<p>(<span id="a43.1.b">b</span>) the national accreditation body named in accordance with
Regulation (EC) No 765/2008 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 <a href="#a55">Article 55</a> or <a href="#a56">56</a>.</p>
<p><span id="a43.2">2.</span> Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have:</p>
<p>(<span id="a43.2.a">a</span>) demonstrated their independence and expertise in relation to the
subject-matter of the certification to the satisfaction of the
competent supervisory authority;</p>
<p>(<span id="a43.2.b">b</span>) undertaken to respect the criteria referred to in <a href="#a42.5">Article 42(5)</a>
and approved by the supervisory authority which is competent pursuant
to <a href="#a55">Article 55</a> or <a href="#a56">56</a> or by the Board pursuant to <a href="#a63">Article 63</a>;</p>
<p>(<span id="a43.2.c">c</span>) established procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks;</p>
<p>(<span id="a43.2.d">d</span>) established procedures and structures to handle complaints about
infringements of the certification or the manner in which the
certification has been, or is being, implemented by the controller or
processor, and to make those procedures and structures transparent to
data subjects and the public; and</p>
<p>(<span id="a43.2.e">e</span>) demonstrated, to the satisfaction of the competent supervisory
authority, that their tasks and duties do not result in a conflict of
interests.</p>
<p><span id="a43.3">3.</span> The accreditation of certification bodies
as referred to in paragraphs 1 and 2 of this Article shall take place
on the basis of <s>requirements</s><span style="color: red;">criteria</span> approved
by the supervisory authority which is competent pursuant to <a href="#a55">Article 55</a>
or <a href="#a56">56</a> or by the Board pursuant to <a href="#a63">Article 63</a>. In the case of
accreditation pursuant to point (b) of paragraph 1 of this Article,
those requirements shall complement those envisaged in Regulation (EC)
No 765/2008 and the technical rules that describe the methods and
procedures of the certification bodies.</p>
<p><span id="a43.4">4.</span> The certification bodies referred to in
paragraph 1 shall be responsible for the proper assessment leading to
the certification or the withdrawal of such certification without
prejudice to the responsibility of the controller or processor for
compliance with this Regulation. The accreditation shall be issued for
a maximum period of five years and may be renewed on the same
conditions provided that the certification body meets the requirements
set out in this Article.</p>
<p><span id="a43.5">5.</span> The certification bodies referred to in
paragraph 1 shall provide the competent supervisory authorities with
the reasons for granting or withdrawing the requested certification.</p>
<p><span id="a43.6">6.</span> The requirements referred to in paragraph
3 of this Article and the criteria referred to in <a href="#a42.5">Article 42(5)</a> shall
be made public by the supervisory authority in an easily accessible
form. The supervisory authorities shall also transmit those
requirements and criteria to the Board.<s>The Board shall collate all
certification mechanisms and data protection seals in a register and
shall make them publicly available by any appropriate means.</s></p>
<p><span id="a43.7">7.</span> Without prejudice to Chapter VIII, the
competent supervisory authority or the national accreditation body
shall revoke an accreditation of a certification body pursuant to
paragraph 1 of this Article where the conditions for the accreditation
are not, or are no longer, met or where actions taken by a
certification body infringe this Regulation.</p>
<p><span id="a43.8">8.</span> The Commission shall be empowered to
adopt delegated acts in accordance with <a href="#a92">Article 92</a> for the purpose of
specifying the requirements to be taken into account for the data
protection certification mechanisms referred to in <a href="#a42.1">Article 42(1)</a>.</p>
<p><span id="a43.9">9.</span> The Commission may adopt implementing
acts laying down technical standards for certification mechanisms and
data protection seals and marks, and mechanisms to promote and
recognise those certification mechanisms, seals and marks. Those
implementing acts shall be adopted in accordance with the examination
procedure referred to in <a href="#a93.2">Article 93(2)</a>.</p>
<h1 style="text-align: center;"><span id="c5" style="font-size: large;"><i>CHAPTER V<br />Transfers of personal data to third countries or international organisations</i></span></h1>
<h3 id="a44"><span large="">Article 44<br />General principle for transfers</span></h3>
<p>Any 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 onward transfers of personal data from the third country or an
international organisation to another third country or to another
international organisation. All provisions in this Chapter shall be
applied in order to ensure that the level of protection of natural
persons guaranteed by this Regulation is not undermined.</p>
<h3 id="a45"><span large="">Article 45<br />Transfers on the basis of an adequacy decision</span></h3>
<p><span id="a45.1">1.</span> A transfer of personal data to a third
country or an international organisation may take place where the
Commission has decided that the third country, a territory or one or
more specified sectors within that third country, or the international
organisation in question ensures an adequate level of protection. Such
a transfer shall not require any specific authorisation.</p>
<p><span id="a45.2">2.</span> When assessing the adequacy of the level
of protection, the Commission shall, in particular, take account of the
following elements:</p>
<p>(<span id="a45.2.a">a</span>) the rule of law, respect for human rights and fundamental
freedoms, relevant legislation, both general and sectoral, including
concerning public security, defence, national security and criminal law
and the access of public authorities to personal data, as well as the
implementation of such legislation, data protection rules, professional
rules and security measures, including rules for the onward transfer of
personal data to another third country or international organisation
which are complied with in that country or international organisation,
case-law, as well as effective and enforceable data subject rights and
effective administrative and judicial redress for the data subjects
whose personal data are being transferred;</p>
<p>(<span id="a45.2.b">b</span>) the existence and effective functioning of one or more
independent supervisory authorities in the third country or to which an
international organisation is subject, with responsibility for ensuring
and enforcing compliance with the data protection rules, including
adequate enforcement powers, for assisting and advising the data
subjects in exercising their rights and for cooperation with the
supervisory authorities of the Member States; and</p>
<p>(<span id="a45.2.c">c</span>) the international commitments the third country or international
organisation concerned has entered into, or other obligations arising
from legally binding conventions or instruments as well as from its
participation in multilateral or regional systems, in particular in
relation to the protection of personal data.</p>
<p><span id="a45.3">3.</span> The Commission, after assessing the
adequacy of the level of protection, may decide, by means of
implementing act, that a third country, a territory or one or more
specified sectors within a third country, or an international
organisation ensures an adequate level of protection within the meaning
of paragraph 2 of this Article. The implementing act shall provide for
a mechanism for a periodic review, at least every four years, which
shall take into account all relevant developments in the third country
or international organisation. The implementing act shall specify its
territorial and sectoral application and, where applicable, identify
the supervisory authority or authorities referred to in point (b) of
paragraph 2 of this Article. The implementing act shall be adopted in
accordance with the examination procedure referred to in <a href="#a93.2">Article 93(2)</a>.</p>
<p><span id="a45.4">4.</span> The Commission shall, on an ongoing
basis, monitor developments in third countries and international
organisations that could affect the functioning of decisions adopted
pursuant to paragraph 3 of this Article and decisions adopted on the
basis of <a href="#a25.6">Article 25(6)</a> of Directive 95/46/EC.</p>
<p><span id="a45.5">5.</span> The Commission shall, where available
information reveals, in particular following the review referred to in
paragraph 3 of this Article, that a third country, a territory or one
or more specified sectors within a third country, or an international
organisation no longer ensures an adequate level of protection within
the meaning of paragraph 2 of this Article, to the extent necessary,
repeal, amend or suspend the decision referred to in paragraph 3 of
this Article by means of implementing acts without retro-active effect.
Those implementing acts shall be adopted in accordance with the
examination procedure referred to in <a href="#a93.2">Article 93(2)</a>.</p>
<p>On duly justified imperative grounds of urgency, the Commission
shall adopt immediately applicable implementing acts in accordance with
the procedure referred to in <a href="#a93.3">Article 93(3)</a>.</p>
<p><span id="a45.6">6.</span> The Commission shall enter into
consultations with the third country or international organisation with
a view to remedying the situation giving rise to the decision made
pursuant to paragraph 5.</p>
<p><span id="a45.7">7.</span> A decision pursuant to paragraph 5 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 Articles <a href="#a46">46</a> to <a href="#a49">49</a>.</p>
<p><span id="a45.8">8.</span> The Commission shall publish in the
Official Journal of the European Union and on its website a list of the
third countries, territories and specified sectors within a third
country and international organisations for which it has decided that
an adequate level of protection is or is no longer ensured.</p>
<p><span id="a45.9">9.</span> Decisions adopted by the Commission on
the basis of Article 25(6) of Directive 95/46/EC shall remain in force
until amended, replaced or repealed by a Commission Decision adopted in
accordance with paragraph 3 or 5 of this Article.</p>
<h3 id="a46"><span large="">Article 46<br />Transfers subject to appropriate safeguards</span></h3>
<p><span id="a46.1">1.</span> In the absence of a decision pursuant to
<a href="#a45.3">Article 45(3)</a>, a controller or processor may transfer personal data to
a third country or an international organisation only if the controller
or processor has provided appropriate safeguards, and on condition that
enforceable data subject rights and effective legal remedies for data
subjects are available.</p>
<p><span id="a46.2">2.</span> The appropriate safeguards referred to in
paragraph 1 may be provided for, without requiring any specific
authorisation from a supervisory authority, by:</p>
<p>(<span id="a46.2.a">a</span>) a legally binding and enforceable instrument between public authorities or bodies;</p>
<p>(<span id="a46.2.b">b</span>) binding corporate rules in accordance with <a href="#a47">Article 47</a>;</p>
<p>(<span id="a46.2.c">c</span>) standard data protection clauses adopted by the Commission in
accordance with the examination procedure referred to in <a href="#a93.2">Article 93(2)</a>;</p>
<p>(<span id="a46.2.d">d</span>) standard data protection clauses adopted by a supervisory
authority and approved by the Commission pursuant to the examination
procedure referred to in <a href="#a93.2">Article 93(2)</a>;</p>
<p>(<span id="a46.2.e">e</span>) an approved code of conduct pursuant to <a href="#a40">Article 40</a> 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</p>
<p>(<span id="a46.2.f">f</span>) an approved certification mechanism pursuant to <a href="#a42">Article 42</a>
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.</p>
<p><span id="a46.3">3.</span> Subject to the authorisation from the
competent supervisory authority, the appropriate safeguards referred to
in paragraph 1 may also be provided for, in particular, by:</p>
<p>(<span id="a46.3.a">a</span>) contractual clauses between the controller or processor and the
controller, processor or the recipient of the personal data in the
third country or international organisation; or</p>
<p>(<span id="a46.3.b">b</span>) provisions to be inserted into administrative arrangements
between public authorities or bodies which include enforceable and
effective data subject rights.</p>
<p><span id="a46.4">4.</span> The supervisory authority shall apply the
consistency mechanism referred to in <a href="#a63">Article 63</a> in the cases referred
to in paragraph 3 of this Article.</p>
<p><span id="a46.5">5.</span> Authorisations by a Member State or
supervisory authority on the basis of Article 26(2) of Directive
95/46/EC shall remain valid until amended, replaced or repealed, if
necessary, by that supervisory authority. Decisions adopted by the
Commission on the basis of Article 26(4) of Directive 95/46/EC shall
remain in force until amended, replaced or repealed, if necessary, by a
Commission Decision adopted in accordance with paragraph 2 of this
Article.</p>
<h3 id="a47"><span large="">Article 47<br />Binding corporate rules</span></h3>
<p><span id="a47.1">1.</span> The competent supervisory authority shall
approve binding corporate rules in accordance with the consistency
mechanism set out in <a href="#a63">Article 63</a>, provided that they:</p>
<p>(<span id="a47.1.a">a</span>) are legally binding and apply to and are enforced by every
member concerned of the group of undertakings, or group of enterprises
engaged in a joint economic activity, including their employees;</p>
<p>(<span id="a47.1.b">b</span>) expressly confer enforceable rights on data subjects with regard to the processing of their personal data; and</p>
<p>(<span id="a47.1.c">c</span>) fulfil the requirements laid down in paragraph 2.</p>
<p><span id="a47.2">2.</span> The binding corporate rules referred to in paragraph 1 shall specify at least:</p>
<p>(<span id="a47.2.a">a</span>) the structure and contact details of the group of undertakings,
or group of enterprises engaged in a joint economic activity and of
each of its members;</p>
<p>(<span id="a47.2.b">b</span>) the data transfers or set of transfers, including the categories
of personal data, the type of processing and its purposes, the type of
data subjects affected and the identification of the third country or
countries in question;</p>
<p>(<span id="a47.2.c">c</span>) their legally binding nature, both internally and externally;</p>
<p>(<span id="a47.2.d">d</span>) the application of the general data protection principles, in
particular purpose limitation, data minimisation, limited storage
periods, data quality, data protection by design and by default, legal
basis for processing, processing of special categories of personal
data, measures to ensure data security, and the requirements in respect
of onward transfers to bodies not bound by the binding corporate rules;</p>
<p>(<span id="a47.2.e">e</span>) the rights of data subjects in regard to processing and the
means to exercise those rights, including the right not to be subject
to decisions based solely on automated processing, including profiling
in accordance with <a href="#a22">Article 22</a>, the right to lodge a complaint with the
competent supervisory authority and before the competent courts of the
Member States in accordance with <a href="#a79">Article 79</a>, and to obtain redress and,
where appropriate, compensation for a breach of the binding corporate
rules;</p>
<p>(<span id="a47.2.f">f</span>) the acceptance by the controller or processor established on the
territory of a Member State of liability for any breaches of the
binding corporate rules by any member concerned not established in the
Union; the controller or the processor shall be exempt from that
liability, in whole or in part, only if it proves that that member is
not responsible for the event giving rise to the damage;</p>
<p>(<span id="a47.2.g">g</span>) how the information on the binding corporate rules, in
particular on the provisions referred to in points (d), (e) and (f) of
this paragraph is provided to the data subjects in addition to Articles
<a href="#a13">13</a> and <a href="#a14">14</a>;</p>
<p>(<span id="a47.2.h">h</span>) the tasks of any data protection officer designated in
accordance with <a href="#a37">Article 37</a> or any other person or entity in charge of
the monitoring compliance with the binding corporate rules within the
group of undertakings, or group of enterprises engaged in a joint
economic activity, as well as monitoring training and
complaint-handling;</p>
<p>(<span id="a47.2.i">i</span>) the complaint procedures;</p>
<p>(<span id="a47.2.j">j</span>) the mechanisms within the group of undertakings, or group of
enterprises engaged in a joint economic activity for ensuring the
verification of compliance with the binding corporate rules. Such
mechanisms shall include data protection audits and methods for
ensuring corrective actions to protect the rights of the data subject.
Results of such verification should be communicated to the person or
entity referred to in point (h) and to the board of the controlling
undertaking of a group of undertakings, or of the group of enterprises
engaged in a joint economic activity, and should be available upon
request to the competent supervisory authority;</p>
<p>(<span id="a47.2.k">k</span>) the mechanisms for reporting and recording changes to the rules and reporting those changes to the supervisory authority;</p>
<p>(<span id="a47.2.l">l</span>) the cooperation mechanism with the supervisory authority to
ensure compliance by any member of the group of undertakings, or group
of enterprises engaged in a joint economic activity, in particular by
making available to the supervisory authority the results of
verifications of the measures referred to in point (j);</p>
<p>(<span id="a47.2.m">m</span>) the mechanisms for reporting to the competent supervisory
authority any legal requirements to which a member of the group of
undertakings, or group of enterprises engaged in a joint economic
activity is subject in a third country which are likely to have a
substantial adverse effect on the guarantees provided by the binding
corporate rules; and</p>
<p>(<span id="a47.2.n">n</span>) the appropriate data protection training to personnel having permanent or regular access to personal data.</p>
<p><span id="a47.3">3.</span> The Commission may specify the format and
procedures for the exchange of information between controllers,
processors and supervisory authorities for binding corporate rules
within the meaning of this Article. Those implementing acts shall be
adopted in accordance with the examination procedure set out in Article
93(2).</p>
<h3 id="a48"><span large="">Article 48<br />Transfers or disclosures not authorised by Union law</span></h3>
<p>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 Member State, without
prejudice to other grounds for transfer pursuant to this Chapter.</p>
<h3 id="a49"><span large="">Article 49<br />Derogations for specific situations</span></h3>
<p><span id="a49.1">1.</span> In the absence of an adequacy decision
pursuant to <a href="#a45.3">Article 45(3)</a>, or of appropriate safeguards pursuant to
Article 46, including binding corporate rules, a transfer or a set of
transfers of personal data to a third country or an international
organisation shall take place only on one of the following conditions:</p>
<p>(<span id="a49.1.a">a</span>) the data subject has explicitly consented to the proposed
transfer, after having been informed of the possible risks of such
transfers for the data subject due to the absence of an adequacy
decision and appropriate safeguards;</p>
<p>(<span id="a49.1.b">b</span>) the transfer is necessary for the performance of a contract
between the data subject and the controller or the implementation of
pre-contractual measures taken at the data subject's request;</p>
<p>(<span id="a49.1.c">c</span>) the transfer is necessary for the conclusion or performance of a
contract concluded in the interest of the data subject between the
controller and another natural or legal person;</p>
<p>(<span id="a49.1.d">d</span>) the transfer is necessary for important reasons of public interest;</p>
<p>(<span id="a49.1.e">e</span>) the transfer is necessary for the establishment, exercise or defence of legal claims;</p>
<p>(<span id="a49.1.f">f</span>) the transfer is necessary in order to protect the vital
interests of the data subject or of other persons, where the data
subject is physically or legally incapable of giving consent;</p>
<p>(<span id="a49.1.g">g</span>) the transfer is made from a register which according to Union or
Member State law is intended to provide information to the public and
which is open to consultation either by the public in general or by any
person who can demonstrate a legitimate interest, but only to the
extent that the conditions laid down by Union or Member State law for
consultation are fulfilled in the particular case.</p>
<p>Where a transfer could not be based on a provision in <a href="#a45">Article 45</a> or
46, including the provisions on binding corporate rules, and none of
the derogations for a specific situation referred to in the first
subparagraph of this paragraph is applicable, a transfer to a third
country or an international organisation may take place only if the
transfer is not repetitive, concerns only a limited number of data
subjects, is necessary for the purposes of compelling legitimate
interests pursued by the controller which are not overridden by the
interests or rights and freedoms of the data subject, and the
controller has assessed all the circumstances surrounding the data
transfer and has on the basis of that assessment provided suitable
safeguards with regard to the protection of personal data. The
controller shall inform the supervisory authority of the transfer. The
controller shall, in addition to providing the information referred to
in Articles <a href="#a13">13</a> and <a href="#a14">14</a>, inform the data subject of the transfer and on
the compelling legitimate interests pursued.</p>
<p><span id="a49.2">2.</span> A transfer pursuant to point (g) of the
first subparagraph of paragraph 1 shall not involve the entirety of the
personal data or entire categories of the personal data contained in
the register. 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.</p>
<p><span id="a49.3">3.</span> Points (a), (b) and (c) of the first
subparagraph of paragraph 1 and the second subparagraph thereof shall
not apply to activities carried out by public authorities in the
exercise of their public powers.</p>
<p><span id="a49.4">4.</span> The public interest referred to in point
(d) of the first subparagraph of paragraph 1 shall be recognised in
Union law or in the law of the Member State to which the controller is
subject.</p>
<p><span id="a49.5">5.</span> In the absence of an adequacy decision,
Union or Member State law may, for important reasons of public
interest, expressly set limits to the transfer of specific categories
of personal data to a third country or an international organisation.
Member States shall notify such provisions to the Commission.</p>
<p><span id="a49.6">6.</span> The controller or processor shall
document the assessment as well as the suitable safeguards referred to
in the second subparagraph of paragraph 1 of this Article in the
records referred to in <a href="#a30">Article 30</a>.</p>
<h3 id="a50"><span large="">Article 50<br />International cooperation for the protection of personal data</span></h3>
<p>In relation to third countries and international organisations, the
Commission and supervisory authorities shall take appropriate steps to:</p>
<p>(<span id="a50.a">a</span>) develop international cooperation mechanisms to facilitate the
effective enforcement of legislation for the protection of personal
data;</p>
<p>(<span id="a50.b">b</span>) provide international mutual assistance in the enforcement of
legislation for the protection of personal data, including through
notification, complaint referral, investigative assistance and
information exchange, subject to appropriate safeguards for the
protection of personal data and other fundamental rights and freedoms;</p>
<p>(<span id="a50.c">c</span>) engage relevant stakeholders in discussion and activities aimed
at furthering international cooperation in the enforcement of
legislation for the protection of personal data;</p>
<p>(<span id="a50.d">d</span>) promote the exchange and documentation of personal data
protection legislation and practice, including on jurisdictional
conflicts with third countries.</p>
<h1 style="text-align: center;"><span id="c6" style="font-size: large;"><i>CHAPTER VI<br /></i><i>Independent supervisory authorities<br /><br /></i><i>Section 1<br /></i><i>Independent status</i></span></h1>
<h3 id="a51"><span large="">Article 51<br />Supervisory authority</span></h3>
<p><span id="a51.1">1.</span> Each Member State shall provide for one
or more independent public authorities to be responsible for monitoring
the application of this Regulation, in order to protect the fundamental
rights and freedoms of natural persons in relation to processing and to
facilitate the free flow of personal data within the Union
('supervisory authority').</p>
<p><span id="a51.2">2.</span> Each supervisory authority shall
contribute to the consistent application of this Regulation throughout
the Union. For that purpose, the supervisory authorities shall
cooperate with each other and the Commission in accordance with Chapter
VII.</p>
<p><span id="a51.3">3.</span> Where more than one supervisory authority
is established in a Member State, that Member State shall designate the
supervisory authority which is to represent those authorities in the
Board and shall set out the mechanism to ensure compliance by the other
authorities with the rules relating to the consistency mechanism
referred to in <a href="#a63">Article 63</a>.</p>
<p><span id="a51.4">4.</span> Each Member State shall notify to the
Commission the provisions of its law which it adopts pursuant to this
Chapter, by 25 May 2018 and, without delay, any subsequent amendment
affecting them.</p>
<h3 id="a52"><span large="">Article 52<br />Independence</span></h3>
<p><span id="a52.1">1.</span> Each supervisory authority shall act with
complete independence in performing its tasks and exercising its powers
in accordance with this Regulation.</p>
<p><span id="a52.2">2.</span> The member or members of each supervisory
authority shall, in the performance of their tasks and exercise of
their powers in accordance with this Regulation, remain free from
external influence, whether direct or indirect, and shall neither seek
nor take instructions from anybody.</p>
<p><span id="a52.3">3.</span> Member or members of each supervisory
authority shall refrain from any action incompatible with their duties
and shall not, during their term of office, engage in any incompatible
occupation, whether gainful or not.</p>
<p><span id="a52.4">4.</span> Each Member State shall ensure that each
supervisory authority is provided with the human, technical and
financial resources, premises and infrastructure necessary for the
effective performance of its tasks and exercise of its powers,
including those to be carried out in the context of mutual assistance,
cooperation and participation in the Board.</p>
<p><span id="a52.5">5.</span> Each Member State shall ensure that each
supervisory authority chooses and has its own staff which shall be
subject to the exclusive direction of the member or members of the
supervisory authority concerned.</p>
<p><span id="a52.6">6.</span> Each Member State shall ensure that each
supervisory authority is subject to financial control which does not
affect its independence and that it has separate, public annual
budgets, which may be part of the overall state or national budget.</p>
<h3 id="a53"><span large="">Article 53<br />General conditions for the members of the supervisory authority</span></h3>
<p><span id="a53.1">1.</span> Member States shall provide for each
member of their supervisory authorities to be appointed by means of a
transparent procedure by:</p>
<p>— their parliament;</p>
<p>— their government;</p>
<p>— their head of State; or</p>
<p>— an independent body entrusted with the appointment under Member State law.</p>
<p><span id="a53.2">2.</span> Each member shall have the
qualifications, experience and skills, in particular in the area of the
protection of personal data, required to perform its duties and
exercise its powers.</p>
<p><span id="a53.3">3.</span> The duties of a member shall end in the
event of the expiry of the term of office, resignation or compulsory
retirement, in accordance with the law of the Member State concerned.</p>
<p><span id="a53.4">4.</span> A member shall be dismissed only in cases
of serious misconduct or if the member no longer fulfils the conditions
required for the performance of the duties.</p>
<h3 id="a54"><span large="">Article 54<br />Rules on the establishment of the supervisory authority</span></h3>
<p><span id="a54.1">1.</span> Each Member State shall provide by law for all of the following:</p>
<p>(<span id="a54.1.a">a</span>) the establishment of each supervisory authority;</p>
<p>(<span id="a54.1.b">b</span>) the qualifications and eligibility conditions required to be appointed as member of each supervisory authority;</p>
<p>(<span id="a54.1.c">c</span>) the rules and procedures for the appointment of the member or members of each supervisory authority;</p>
<p>(<span id="a54.1.d">d</span>) the duration of the term of the member or members of each
supervisory authority of no less than four years, except for the first
appointment after 24 May 2016, part of which may take place for a
shorter period where that is necessary to protect the independence of
the supervisory authority by means of a staggered appointment procedure;</p>
<p>(<span id="a54.1.e">e</span>) whether and, if so, for how many terms the member or members of each supervisory authority is eligible for reappointment;</p>
<p>(<span id="a54.1.f">f</span>) the conditions governing the obligations of the member or
members and staff of each supervisory authority, prohibitions on
actions, occupations and benefits incompatible therewith during and
after the term of office and rules governing the cessation of
employment.</p>
<p><span id="a54.2">2.</span> The member or members and the staff of
each supervisory authority shall, in accordance with Union or Member
State law, be subject to a duty of professional secrecy both during and
after their term of office, with regard to any confidential information
which has come to their knowledge in the course of the performance of
their tasks or exercise of their powers. During their term of office,
that duty of professional secrecy shall in particular apply to
reporting by natural persons of infringements of this Regulation.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 2<br />Competence, tasks and powers</i></span></h1>
<h3 id="a55">Article 55<span large=""> Competence</span></h3>
<p><span id="a55.1">1.</span> Each supervisory authority shall be
competent for the performance of the tasks assigned to and the exercise
of the powers conferred on it in accordance with this Regulation on the
territory of its own Member State.</p>
<p><span id="a55.2">2.</span> Where processing is carried out by public
authorities or private bodies acting on the basis of point (c) or (e)
of <a href="#a6.1">Article 6(1)</a>, the supervisory authority of the Member State
concerned shall be competent. In such cases <a href="#a56">Article 56</a> does not apply.</p>
<p><span id="a55.3">3.</span> Supervisory authorities shall not be competent to supervise processing operations of courts acting in their judicial capacity.</p>
<h3 id="a56"><span large="">Article 56<br />Competence of the lead supervisory authority</span></h3>
<p><span id="a56.1">1.</span> Without prejudice to <a href="#a55">Article 55</a>, the
supervisory authority of the main establishment or of the single
establishment of the controller or processor shall be competent to act
as lead supervisory authority for the cross-border processing carried
out by that controller or processor in accordance with the procedure
provided in <a href="#a60">Article 60</a>.</p>
<p><span id="a56.2">2.</span> By derogation from paragraph 1, each
supervisory authority shall be competent to handle a complaint lodged
with it or a possible infringement of this Regulation, if the subject
matter relates only to an establishment in its Member State or
substantially affects data subjects only in its Member State.</p>
<p><span id="a56.3">3.</span> 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. Within a period of
three weeks after being informed the lead supervisory authority shall
decide whether or not it will handle the case in accordance with the
procedure provided in <a href="#a60">Article 60</a>, taking into account whether or not
there is an establishment of the controller or processor in the Member
State of which the supervisory authority informed it.</p>
<p><span id="a56.4">4.</span> Where the lead supervisory authority
decides to handle the case, the procedure provided in <a href="#a60">Article 60</a> shall
apply. The supervisory authority which informed the lead supervisory
authority may submit to the lead supervisory authority a draft for a
decision. The lead supervisory authority shall take utmost account of
that draft when preparing the draft decision referred to in Article
60(3).</p>
<p><span id="a56.5">5.</span> 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
Articles <a href="#a61">61</a> and <a href="#a62">62</a>.</p>
<p><span id="a56.6">6.</span> The lead supervisory authority shall be
the sole interlocutor of the controller or processor for the
cross-border processing carried out by that controller or processor.</p>
<h3 id="a57"><span large="">Article 57<br />Tasks</span></h3>
<p><span id="a57.1">1.</span> Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory:</p>
<p>(<span id="a57.1.a">a</span>) monitor and enforce the application of this Regulation;</p>
<p>(<span id="a57.1.b">b</span>) 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;</p>
<p>(<span id="a57.1.c">c</span>) advise, in accordance with Member State law, the national
parliament, the government, and other institutions and bodies on
legislative and administrative measures relating to the protection of
natural persons' rights and freedoms with regard to processing;</p>
<p>(<span id="a57.1.d">d</span>) promote the awareness of controllers and processors of their obligations under this Regulation;</p>
<p>(<span id="a57.1.e">e</span>) upon request, provide information to any data subject concerning
the exercise of their rights under this Regulation and, if appropriate,
cooperate with the supervisory authorities in other Member States to
that end;</p>
<p>(<span id="a57.1.f">f</span>) handle complaints lodged by a data subject, or by a body,
organisation or association in accordance with <a href="#a80">Article 80</a>, and
investigate, to the extent appropriate, the subject matter of the
complaint and inform the complainant of the progress and the outcome of
the investigation within a reasonable period, in particular if further
investigation or coordination with another supervisory authority is
necessary;</p>
<p>(<span id="a57.1.g">g</span>) cooperate with, including sharing information and provide mutual
assistance to, other supervisory authorities with a view to ensuring
the consistency of application and enforcement of this Regulation;</p>
<p>(<span id="a57.1.h">h</span>) conduct investigations on the application of this Regulation,
including on the basis of information received from another supervisory
authority or other public authority;</p>
<p>(<span id="a57.1.i">i</span>) monitor relevant developments, insofar as they have an impact on
the protection of personal data, in particular the development of
information and communication technologies and commercial practices;</p>
<p>(<span id="a57.1.j">j</span>) adopt standard contractual clauses referred to in <a href="#a28.8">Article 28(8)</a> and in point (d) of <a href="#a46.2">Article 46(2)</a>;</p>
<p>(<span id="a57.1.k">k</span>) establish and maintain a list in relation to the requirement for
data protection impact assessment pursuant to <a href="#a35.4">Article 35(4)</a>;</p>
<p>(<span id="a57.1.l">l</span>) give advice on the processing operations referred to in <a href="#a36.2">Article 36(2)</a>;</p>
<p>(<span id="a57.1.m">m</span>) encourage the drawing up of codes of conduct pursuant to Article
40(1) and provide an opinion and approve such codes of conduct which
provide sufficient safeguards, pursuant to <a href="#a40.5">Article 40(5)</a>;</p>
<p>(<span id="a57.1.n">n</span>) encourage the establishment of data protection certification
mechanisms and of data protection seals and marks pursuant to Article
42(1), and approve the criteria of certification pursuant to Article
42(5);</p>
<p>(<span id="a57.1.o">o</span>) where applicable, carry out a periodic review of certifications issued in accordance with <a href="#a42.7">Article 42(7)</a>;</p>
<p>(<span id="a57.1.p">p</span>) draft and publish the <s>requirements</s><span style="color: red;">criteria</span> for
accreditation of a body for monitoring codes of conduct pursuant to
Article 41 and of a certification body pursuant to <a href="#a43">Article 43</a>;</p>
<p>(<span id="a57.1.q">q</span>) conduct the accreditation of a body for monitoring codes of
conduct pursuant to <a href="#a41">Article 41</a> and of a certification body pursuant to
<a href="#a43">Article 43</a>;</p>
<p>(<span id="a57.1.r">r</span>) authorise contractual clauses and provisions referred to in <a href="#a46.3">Article 46(3)</a>;</p>
<p>(<span id="a57.1.s">s</span>) approve binding corporate rules pursuant to <a href="#a47">Article 47</a>;</p>
<p>(<span id="a57.1.t">t</span>) contribute to the activities of the Board;</p>
<p>(<span id="a57.1.u">u</span>) keep internal records of infringements of this Regulation and of measures taken in accordance with <a href="#a58.2">Article 58(2)</a>; and</p>
<p>(<span id="a57.1.v">v</span>) fulfil any other tasks related to the protection of personal data.</p>
<p><span id="a57.2">2.</span> Each supervisory authority shall
facilitate the submission of complaints referred to in point (f) of
paragraph 1 by measures such as a complaint submission form which can
also be completed electronically, without excluding other means of
communication.</p>
<p><span id="a57.3">3.</span> 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.</p>
<p><span id="a57.4">4.</span> Where requests are manifestly unfounded
or excessive, in particular because of their repetitive character, the
supervisory authority may charge a reasonable fee based on
administrative costs, or refuse to act on the request. The supervisory
authority shall bear the burden of demonstrating the manifestly
unfounded or excessive character of the request.</p>
<h3 id="a58"><span large="">Article 58<br />Powers</span></h3>
<p><span id="a58.1">1.</span> Each supervisory authority shall have all of the following investigative powers:</p>
<p>(<span id="a58.1.a">a</span>) to order the controller and the processor, and, where
applicable, the controller's or the processor's representative to
provide any information it requires for the performance of its tasks;</p>
<p>(<span id="a58.1.b">b</span>) to carry out investigations in the form of data protection audits;</p>
<p>(<span id="a58.1.c">c</span>) to carry out a review on certifications issued pursuant to <a href="#a42.7">Article 42(7)</a>;</p>
<p>(<span id="a58.1.d">d</span>) to notify the controller or the processor of an alleged infringement of this Regulation;</p>
<p>(<span id="a58.1.e">e</span>) to obtain, from the controller and the processor, access to all
personal data and to all information necessary for the performance of
its tasks;</p>
<p>(<span id="a58.1.f">f</span>) to obtain access to any premises of the controller and the
processor, including to any data processing equipment and means, in
accordance with Union or Member State procedural law.</p>
<p><span id="a58.2">2.</span> Each supervisory authority shall have all of the following corrective powers:</p>
<p>(<span id="a58.2.a">a</span>) to issue warnings to a controller or processor that intended
processing operations are likely to infringe provisions of this
Regulation;</p>
<p>(<span id="a58.2.b">b</span>) to issue reprimands to a controller or a processor where processing operations have infringed provisions of this Regulation;</p>
<p>(<span id="a58.2.c">c</span>) to order the controller or the processor to comply with the data
subject's requests to exercise his or her rights pursuant to this
Regulation;</p>
<p>(<span id="a58.2.d">d</span>) to order the controller or processor to bring processing
operations into compliance with the provisions of this Regulation,
where appropriate, in a specified manner and within a specified period;</p>
<p>(<span id="a58.2.e">e</span>) to order the controller to communicate a personal data breach to the data subject;</p>
<p>(<span id="a58.2.f">f</span>) to impose a temporary or definitive limitation including a ban on processing;</p>
<p>(<span id="a58.2.g">g</span>) to order the rectification or erasure of personal data or
restriction of processing pursuant to Articles <a href="#a16">16</a>, <a href="#a17">17</a> and <a href="#a18">18</a> and the
notification of such actions to recipients to whom the personal data
have been disclosed pursuant to <a href="#a17.2">Article 17(2)</a> and <a href="#a19">Article 19</a>;</p>
<p>(<span id="a58.2.h">h</span>) to withdraw a certification or to order the certification body
to withdraw a certification issued pursuant to Articles <a href="#a42">42</a> and <a href="#a43">43</a>, or
to order the certification body not to issue certification if the
requirements for the certification are not or are no longer met;</p>
<p>(<span id="a58.2.i">i</span>) to impose an administrative fine pursuant to <a href="#a83">Article 83</a>, in
addition to, or instead of measures referred to in this paragraph,
depending on the circumstances of each individual case;</p>
<p>(<span id="a58.2.j">j</span>) to order the suspension of data flows to a recipient in a third country or to an international organisation.</p>
<p><span id="a58.3">3.</span> Each supervisory authority shall have all of the following authorisation and advisory powers:</p>
<p>(<span id="a58.3.a">a</span>) to advise the controller in accordance with the prior consultation procedure referred to in <a href="#a36">Article 36</a>;</p>
<p>(<span id="a58.3.b">b</span>) to issue, on its own initiative or on request, opinions to the
national parliament, the Member State government or, in accordance with
Member State law, to other institutions and bodies as well as to the
public on any issue related to the protection of personal data;</p>
<p>(<span id="a58.3.c">c</span>) to authorise processing referred to in <a href="#a36.5">Article 36(5)</a>, if the law of the Member State requires such prior authorisation;</p>
<p>(<span id="a58.3.d">d</span>) to issue an opinion and approve draft codes of conduct pursuant to <a href="#a40.5">Article 40(5)</a>;</p>
<p>(<span id="a58.3.e">e</span>) to accredit certification bodies pursuant to <a href="#a43">Article 43</a>;</p>
<p>(<span id="a58.3.f">f</span>) to issue certifications and approve criteria of certification in accordance with <a href="#a42.5">Article 42(5)</a>;</p>
<p>(<span id="a58.3.g">g</span>) to adopt standard data protection clauses referred to in <a href="#a28.8">Article 28(8)</a> and in point (d) of <a href="#a46.2">Article 46(2)</a>;</p>
<p>(<span id="a58.3.h">h</span>) to authorise contractual clauses referred to in point (a) of <a href="#a46.3">Article 46(3)</a>;</p>
<p>(<span id="a58.3.i">i</span>) to authorise administrative arrangements referred to in point (b) of <a href="#a46.3">Article 46(3)</a>;</p>
<p>(<span id="a58.3.j">j</span>) to approve binding corporate rules pursuant to <a href="#a47">Article 47</a>.</p>
<p><span id="a58.4">4.</span> The exercise of the powers conferred on
the supervisory authority pursuant to this Article shall be subject to
appropriate safeguards, including effective judicial remedy and due
process, set out in Union and Member State law in accordance with the
Charter.</p>
<p><span id="a58.5">5.</span> Each Member State shall provide by law
that its supervisory authority shall have the power to bring
infringements of this Regulation to the attention of the judicial
authorities and where appropriate, to commence or engage otherwise in
legal proceedings, in order to enforce the provisions of this
Regulation.</p>
<p><span id="a58.6">6.</span> Each Member State may provide by law that
its supervisory authority shall have additional powers to those
referred to in paragraphs 1, 2 and 3. The exercise of those powers
shall not impair the effective operation of Chapter VII.</p>
<h3 id="a59"><span large="">Article 59<br />Activity reports</span></h3>
<p>Each supervisory authority shall draw up an annual report on its
activities, which may include a list of types of infringement notified
and types of measures taken in accordance with <a href="#a58.2">Article 58(2)</a>. Those
reports shall be transmitted to the national parliament, the government
and other authorities as designated by Member State law. They shall be
made available to the public, to the Commission and to the Board.</p>
<h1 style="text-align: center;"><span id="c7" style="font-size: large;"><i>CHAPTER VII<br /></i><i>Cooperation and consistency<br /><br /></i><i>Section 1<br /></i><i>Cooperation</i></span></h1>
<h3 id="a60"><span large="">Article 60<br />Cooperation between the lead supervisory authority and the other supervisory authorities concerned</span></h3>
<p><span id="a60.1">1.</span> The lead supervisory authority shall
cooperate with the other supervisory authorities concerned in
accordance with this Article in an endeavour to reach consensus. The
lead supervisory authority and the supervisory authorities concerned
shall exchange all relevant information with each other.</p>
<p><span id="a60.2">2.</span> The lead supervisory authority may
request at any time other supervisory authorities concerned to provide
mutual assistance pursuant to <a href="#a61">Article 61</a> and may conduct joint
operations pursuant to <a href="#a62">Article 62</a>, in particular for carrying out
investigations or for monitoring the implementation of a measure
concerning a controller or processor established in another Member
State.</p>
<p><span id="a60.3">3.</span> The lead supervisory authority shall,
without delay, communicate the relevant information on the matter to
the other supervisory authorities concerned. It shall without delay
submit a draft decision to the other supervisory authorities concerned
for their opinion and take due account of their views.</p>
<p><span id="a60.4">4.</span> Where any of the other supervisory
authorities concerned within a period of four weeks after having been
consulted in accordance with paragraph 3 of this Article, expresses a
relevant and reasoned objection to the draft decision, the lead
supervisory authority shall, if it does not follow the relevant and
reasoned objection or is of the opinion that the objection is not
relevant or reasoned, submit the matter to the consistency mechanism
referred to in <a href="#a63">Article 63</a>.</p>
<p><span id="a60.5">5.</span> Where the lead supervisory authority
intends to follow the relevant and reasoned objection made, it shall
submit to the other supervisory authorities concerned a revised draft
decision for their opinion. That revised draft decision shall be
subject to the procedure referred to in paragraph 4 within a period of
two weeks.</p>
<p><span id="a60.6">6.</span> Where none of the other supervisory
authorities concerned has objected to the draft decision submitted by
the lead supervisory authority within the period referred to in
paragraphs 4 and 5, the lead supervisory authority and the supervisory
authorities concerned shall be deemed to be in agreement with that
draft decision and shall be bound by it.</p>
<p><span id="a60.7">7.</span> The lead supervisory authority shall
adopt and notify the decision to the main establishment or single
establishment of the controller or processor, as the case may be and
inform the other supervisory authorities concerned and the Board of the
decision in question, including a summary of the relevant facts and
grounds. The supervisory authority with which a complaint has been
lodged shall inform the complainant on the decision.</p>
<p><span id="a60.8">8.</span> By derogation from paragraph 7, where a
complaint is dismissed or rejected, the supervisory authority with
which the complaint was lodged shall adopt the decision and notify it
to the complainant and shall inform the controller thereof.</p>
<p><span id="a60.9">9.</span> Where the lead supervisory authority and
the supervisory authorities concerned agree to dismiss or reject parts
of a complaint and to act on other parts of that complaint, a separate
decision shall be adopted for each of those parts of the matter. The
lead supervisory authority shall adopt the decision for the part
concerning actions in relation to the controller, shall notify it to
the main establishment or single establishment of the controller or
processor on the territory of its Member State and shall inform the
complainant thereof, while the supervisory authority of the complainant
shall adopt the decision for the part concerning dismissal or rejection
of that complaint, and shall notify it to that complainant and shall
inform the controller or processor thereof.</p>
<p>10. After being notified of the decision of the lead supervisory
authority pursuant to paragraphs 7 and 9, the controller or processor
shall take the necessary measures to ensure compliance with the
decision as regards processing activities in the context of all its
establishments in the Union. The controller or processor shall notify
the measures taken for complying with the decision to the lead
supervisory authority, which shall inform the other supervisory
authorities concerned.</p>
<p>11. Where, in exceptional circumstances, a supervisory authority
concerned has reasons to consider that there is an urgent need to act
in order to protect the interests of data subjects, the urgency
procedure referred to in <a href="#a66">Article 66</a> shall apply.</p>
<p>12. The lead supervisory authority and the other supervisory
authorities concerned shall supply the information required under this
Article to each other by electronic means, using a standardised format.</p>
<h3 id="a61"><span large="">Article 61<br />Mutual assistance</span></h3>
<p><span id="a61.1">1.</span> Supervisory authorities shall provide
each other with relevant information and mutual assistance in order to
implement and apply this Regulation in a consistent manner, and shall
put in place measures for effective cooperation with one another.
Mutual assistance shall cover, in particular, information requests and
supervisory measures, such as requests to carry out prior
authorisations and consultations, inspections and investigations.</p>
<p><span id="a61.2">2.</span> 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. Such measures may include, in particular,
the transmission of relevant information on the conduct of an
investigation.</p>
<p><span id="a61.3">3.</span> Requests for assistance shall contain all
the necessary information, including the purpose of and reasons for the
request. Information exchanged shall be used only for the purpose for
which it was requested.</p>
<p><span id="a61.4">4.</span> The requested supervisory authority shall not refuse to comply with the request unless:</p>
<p>(<span id="a61.4.a">a</span>) it is not competent for the subject-matter of the request or for the measures it is requested to execute; or</p>
<p>(<span id="a61.4.b">b</span>) compliance with the request would infringe this Regulation or
Union or Member State law to which the supervisory authority receiving
the request is subject.</p>
<p><span id="a61.5">5.</span> The requested supervisory authority shall
inform the requesting supervisory authority of the results or, as the
case may be, of the progress of the measures taken in order to respond
to the request. The requested supervisory authority shall provide
reasons for any refusal to comply with a request pursuant to paragraph
4.</p>
<p><span id="a61.6">6.</span> Requested supervisory authorities shall,
as a rule, supply the information requested by other supervisory
authorities by electronic means, using a standardised format.</p>
<p><span id="a61.7">7.</span> Requested supervisory authorities shall
not charge a fee for any action taken by them pursuant to a request for
mutual assistance. Supervisory authorities may agree on rules to
indemnify each other for specific expenditure arising from the
provision of mutual assistance in exceptional circumstances.</p>
<p><span id="a61.8">8.</span> Where a supervisory authority does not
provide the information referred to in paragraph 5 of this Article
within one month of receiving the request of another supervisory
authority, the requesting supervisory authority may adopt a provisional
measure on the territory of its Member State in accordance with Article
55(1). In that case, the urgent need to act under <a href="#a66.1">Article 66(1)</a> shall
be presumed to be met and require an urgent binding decision from the
Board pursuant to <a href="#a66.2">Article 66(2)</a>.</p>
<p><span id="a61.9">9.</span> The Commission may, by means of
implementing acts, specify the format and procedures for mutual
assistance referred to in this Article and 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 paragraph 6 of this
Article. Those implementing acts shall be adopted in accordance with
the examination procedure referred to in <a href="#a93.2">Article 93(2)</a>.</p>
<h3 id="a62"><span large="">Article 62<br />Joint operations of supervisory authorities</span></h3>
<p><span id="a62.1">1.</span> 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.</p>
<p><span id="a62.2">2.</span> Where the controller or processor has
establishments in several Member States or where a significant number
of data subjects in more than one Member State are likely to be
substantially affected by processing operations, a supervisory
authority of each of those Member States shall have the right to
participate in joint operations. The supervisory authority which is
competent pursuant to <a href="#a56.1">Article 56(1)</a> or <a href="#a56.4">(4)</a> shall invite the supervisory
authority of each of those Member States to take part in the joint
operations and shall respond without delay to the request of a
supervisory authority to participate.</p>
<p><span id="a62.3">3.</span> A supervisory authority may, in
accordance with Member State law, and with the seconding supervisory
authority's authorisation, confer powers, including investigative
powers on the seconding supervisory authority's members or staff
involved in joint operations or, in so far as the law of the Member
State of the host supervisory authority permits, allow the seconding
supervisory authority's members or staff to exercise their
investigative powers in accordance with the law of the Member State of
the seconding supervisory authority. Such investigative powers may be
exercised only under the guidance and in the presence of members or
staff of the host supervisory authority. The seconding supervisory
authority's members or staff shall be subject to the Member State law
of the host supervisory authority.</p>
<p><span id="a62.4">4.</span> Where, in accordance with paragraph 1,
staff of a seconding supervisory authority operate in another Member
State, the Member State of the host supervisory authority shall assume
responsibility for their actions, including liability, for any damage
caused by them during their operations, in accordance with the law of
the Member State in whose territory they are operating.</p>
<p><span id="a62.5">5.</span> The Member State in whose territory the
damage was caused shall make good such damage under the conditions
applicable to damage caused by its own staff. The Member State of the
seconding supervisory authority whose staff has caused damage to any
person in the territory of another Member State shall reimburse that
other Member State in full any sums it has paid to the persons entitled
on their behalf.</p>
<p><span id="a62.6">6.</span> Without prejudice to the exercise of its rights <span style="font-style: italic;">vis-Ã -vis</span> third
parties and with the exception of paragraph 5, each Member State shall
refrain, in the case provided for in paragraph 1, from requesting
reimbursement from another Member State in relation to damage referred
to in paragraph 4.</p>
<p><span id="a62.7">7.</span> Where a joint operation is intended and a
supervisory authority does not, within one month, comply with the
obligation laid down in the second sentence of paragraph 2 of this
Article, the other supervisory authorities may adopt a provisional
measure on the territory of its Member State in accordance with Article
55. In that case, the urgent need to act under <a href="#a66.1">Article 66(1)</a> shall be
presumed to be met and require an opinion or an urgent binding decision
from the Board pursuant to <a href="#a66.2">Article 66(2)</a>.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 2<br /></i><i>Consistency</i></span></h1>
<h3 id="a63">Article 63<span large=""> Consistency mechanism</span></h3>
<p>In order to contribute to the consistent application of this
Regulation throughout the Union, the supervisory authorities shall
cooperate with each other and, where relevant, with the Commission,
through the consistency mechanism as set out in this Section.</p>
<h3 id="a64"><span large="">Article 64<br />Opinion of the Board</span></h3>
<p><span id="a64.1">1.</span> The Board shall issue an opinion where a
competent supervisory authority intends to adopt any of the measures
below. To that end, the competent supervisory authority shall
communicate the draft decision to the Board, when it:</p>
<p>(<span id="a64.1.a">a</span>) aims to adopt a list of the processing operations subject to the
requirement for a data protection impact assessment pursuant to Article
35(4);</p>
<p>(<span id="a64.1.b">b</span>) concerns a matter pursuant to <a href="#a40.7">Article 40(7)</a> whether a draft code
of conduct or an amendment or extension to a code of conduct complies
with this Regulation;</p>
<p>(<span id="a64.1.c">c</span>) aims to approve the <s>criteria</s><span style="color: red;">requirements</span> for accreditation of a body pursuant to <a href="#a41.3">Article 41(3)</a>, of a certification body pursuant to <a href="#a43.3">Article 43(3)</a> <span style="color: red;">or the criteria for certification referred to in <a href="#a42.5">Article 42(5)</a></span>;</p>
<p>(<span id="a64.1.d">d</span>) aims to determine standard data protection clauses referred to in point (d) of <a href="#a46.2">Article 46(2)</a> and in <a href="#a28.8">Article 28(8)</a>;</p>
<p>(<span id="a64.1.e">e</span>) aims to authorise contractual clauses referred to in point (a) of <a href="#a46.3">Article 46(3)</a>; or</p>
<p>(<span id="a64.1.f">f</span>) aims to approve binding corporate rules within the meaning of <a href="#a47">Article 47</a>.</p>
<p><span id="a64.2">2.</span> Any supervisory authority, the Chair of
the Board or the Commission may request that any matter of general
application or producing effects in more than one Member State be
examined by the Board with a view to obtaining an opinion, in
particular where a competent supervisory authority does not comply with
the obligations for mutual assistance in accordance with <a href="#a61">Article 61</a> or
for joint operations in accordance with <a href="#a62">Article 62</a>.</p>
<p><span id="a64.3">3.</span> In the cases referred to in paragraphs 1
and 2, the Board shall issue an opinion on the matter submitted to it
provided that it has not already issued an opinion on the same matter.
That opinion shall be adopted within eight weeks by simple majority of
the members of the Board. That period may be extended by a further six
weeks, taking into account the complexity of the subject matter.
Regarding the draft decision referred to in paragraph 1 circulated to
the members of the Board in accordance with paragraph 5, a member which
has not objected within a reasonable period indicated by the Chair,
shall be deemed to be in agreement with the draft decision.</p>
<p><span id="a64.4">4.</span> Supervisory authorities and the
Commission shall, without undue delay, communicate by electronic means
to the Board, using a standardised format any relevant information,
including as the case may be a summary of the facts, the draft
decision, the grounds which make the enactment of such measure
necessary, and the views of other supervisory authorities concerned.</p>
<p><span id="a64.5">5.</span> The Chair of the Board shall, without undue, delay inform by electronic means:</p>
<p>(<span id="a64.5.a">a</span>) the members of the Board and the Commission of any relevant
information which has been communicated to it using a standardised
format. The secretariat of the Board shall, where necessary, provide
translations of relevant information; and</p>
<p>(<span id="a64.5.b">b</span>) the supervisory authority referred to, as the case may be, in
paragraphs 1 and 2, and the Commission of the opinion and make it
public.</p>
<p><span id="a64.6">6.</span> The competent supervisory authority <span style="color: red;">referred to in paragraph 1</span> shall not adopt its draft decision referred to in paragraph 1 within the period referred to in paragraph 3.</p>
<p><span id="a64.7">7.</span> The <span style="color: red;">competent</span> supervisory
authority referred to in paragraph 1 shall take utmost account of the
opinion of the Board and shall, within two weeks after receiving the
opinion, communicate to the Chair of the Board by electronic means
whether it will maintain or amend its draft decision and, if any, the
amended draft decision, using a standardised format.</p>
<p><span id="a64.8">8.</span> Where the <span style="color: red;">competent</span> supervisory authority <s>concerned</s><span style="color: red;">referred to in paragraph 1</span> informs
the Chair of the Board within the period referred to in paragraph 7 of
this Article that it does not intend to follow the opinion of the
Board, in whole or in part, providing the relevant grounds, Article
65(1) shall apply.</p>
<h3 id="a65"><span large="">Article 65<br />Dispute resolution by the Board</span></h3>
<p><span id="a65.1">1.</span> In order to ensure the correct and
consistent application of this Regulation in individual cases, the
Board shall adopt a binding decision in the following cases:</p>
<p>(<span id="a65.1.a">a</span>) where, in a case referred to in <a href="#a60.4">Article 60(4)</a>, a supervisory
authority concerned has raised a relevant and reasoned objection to a
draft decision of the lead authority <s>or</s><span style="color: red;">and</span> the lead authority has <span style="color: red;">not followed the objection or has</span> rejected
such an objection as being not relevant or reasoned. The binding
decision shall concern all the matters which are the subject of the
relevant and reasoned objection, in particular whether there is an
infringement of this Regulation;</p>
<p>(<span id="a65.1.b">b</span>) where there are conflicting views on which of the supervisory authorities concerned is competent for the main establishment;</p>
<p>(<span id="a65.1.c">c</span>) where a competent supervisory authority does not request the
opinion of the Board in the cases referred to in <a href="#a64.1">Article 64(1)</a>, or does
not follow the opinion of the Board issued under <a href="#a64">Article 64</a>. In that
case, any supervisory authority concerned or the Commission may
communicate the matter to the Board.</p>
<p><span id="a65.2">2.</span> The decision referred to in paragraph 1
shall be adopted within one month from the referral of the
subject-matter by a two-thirds majority of the members of the Board.
That period may be extended by a further month on account of the
complexity of the subject-matter. The decision referred to in paragraph
1 shall be reasoned and addressed to the lead supervisory authority and
all the supervisory authorities concerned and binding on them.</p>
<p><span id="a65.3">3.</span> Where the Board has been unable to adopt
a decision within the periods referred to in paragraph 2, it shall
adopt its decision within two weeks following the expiration of the
second month referred to in paragraph 2 by a simple majority of the
members of the Board. Where the members of the Board are split, the
decision shall by adopted by the vote of its Chair.</p>
<p><span id="a65.4">4.</span> The supervisory authorities concerned
shall not adopt a decision on the subject matter submitted to the Board
under paragraph 1 during the periods referred to in paragraphs 2 and 3.</p>
<p><span id="a65.5">5.</span> The Chair of the Board shall notify,
without undue delay, the decision referred to in paragraph 1 to the
supervisory authorities concerned. It shall inform the Commission
thereof. The decision shall be published on the website of the Board
without delay after the supervisory authority has notified the final
decision referred to in paragraph 6.</p>
<p><span id="a65.6">6.</span> The lead supervisory authority or, as the
case may be, the supervisory authority with which the complaint has
been lodged shall adopt its final decision on the basis of the decision
referred to in paragraph 1 of this Article, without undue delay and at
the latest by one month after the Board has notified its decision. The
lead supervisory authority or, as the case may be, the supervisory
authority with which the complaint has been lodged, shall inform the
Board of the date when its final decision is notified respectively to
the controller or the processor and to the data subject. The final
decision of the supervisory authorities concerned shall be adopted
under the terms of <a href="#a60">Article 60</a><a href="#a60.7">(7)</a>, <a href="#a60.8">(8)</a> and <a href="#a60.9">(9)</a>. The final decision shall
refer to the decision referred to in paragraph 1 of this Article and
shall specify that the decision referred to in that paragraph will be
published on the website of the Board in accordance with paragraph 5 of
this Article. The final decision shall attach the decision referred to
in paragraph 1 of this Article.</p>
<h3 id="a66"><span large="">Article 66<br />Urgency procedure</span></h3>
<p><span id="a66.1">1.</span> In exceptional circumstances, where a
supervisory authority concerned considers that there is an urgent need
to act in order to protect the rights and freedoms of data subjects, it
may, by way of derogation from the consistency mechanism referred to in
Articles <a href="#a63">63</a>, <a href="#a64">64</a> and <a href="#a65">65</a> or the procedure referred to in <a href="#a60">Article 60</a>,
immediately adopt provisional measures intended to produce legal
effects on its own territory with a specified period of validity which
shall not exceed three months. The supervisory authority shall, without
delay, communicate those measures and the reasons for adopting them to
the other supervisory authorities concerned, to the Board and to the
Commission.</p>
<p><span id="a66.2">2.</span> Where a supervisory authority has taken a
measure pursuant to paragraph 1 and considers that final measures need
urgently be adopted, it may request an urgent opinion or an urgent
binding decision from the Board, giving reasons for requesting such
opinion or decision.</p>
<p><span id="a66.3">3.</span> Any supervisory authority may request an
urgent opinion or an urgent binding decision, as the case may be, from
the Board where a competent supervisory authority has not taken an
appropriate measure in a situation where there is an urgent need to
act, in order to protect the rights and freedoms of data subjects,
giving reasons for requesting such opinion or decision, including for
the urgent need to act.</p>
<p><span id="a66.4">4.</span> By derogation from <a href="#a64.3">Article 64(3)</a> and
<a href="#a65.2">Article 65(2)</a>, an urgent opinion or an urgent binding decision referred
to in paragraphs 2 and 3 of this Article shall be adopted within two
weeks by simple majority of the members of the Board.</p>
<h3 id="a67"><span large="">Article 67<br />Exchange of information</span></h3>
<p>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 <a href="#a64">Article 64</a>.</p>
<p>Those implementing acts shall be adopted in accordance with the examination procedure referred to in <a href="#a93.2">Article 93(2)</a>.</p>
<h1 style="text-align: center;"><span style="font-size: large;"><i>Section 3<br /></i><i>European data protection board</i></span></h1>
<h3 id="a68">Article 68<span large=""> European Data Protection Board</span></h3>
<p>1. The European Data Protection Board (the 'Board') is hereby
established as a body of the Union and shall have legal personality.</p>
<p><span id="a68.2">2.</span> The Board shall be represented by its Chair.</p>
<p><span id="a68.3">3.</span> The Board shall be composed of the head
of one supervisory authority of each Member State and of the European
Data Protection Supervisor, or their respective representatives.</p>
<p><span id="a68.4">4.</span> Where in a Member State more than one
supervisory authority is responsible for monitoring the application of
the provisions pursuant to this Regulation, a joint representative
shall be appointed in accordance with that Member State's law.</p>
<p><span id="a68.5">5.</span> The Commission shall have the right to
participate in the activities and meetings of the Board without voting
right. The Commission shall designate a representative. The Chair of
the Board shall communicate to the Commission the activities of the
Board.</p>
<p><span id="a68.6">6.</span> In the cases referred to in <a href="#a65">Article 65</a>,
the European Data Protection Supervisor shall have voting rights only
on decisions which concern principles and rules applicable to the Union
institutions, bodies, offices and agencies which correspond in
substance to those of this Regulation.</p>
<h3 id="a69"><span large="">Article 69<br />Independence</span></h3>
<p><span id="a69.1">1.</span> The Board shall act independently when performing its tasks or exercising its powers pursuant to Articles 70 and 71.</p>
<p><span id="a69.2">2.</span> Without prejudice to requests by the Commission referred to in <s>point (b) of</s><span large="">Article 70(1) and <s>in <a href="#a70">Article 70</a></s>(2),
the Board shall, in the performance of its tasks or the exercise of its
powers, neither seek nor take instructions from anybody.</span></p>
<h3 id="a70"><span large="">Article 70<br />Tasks of the Board</span></h3>
<p><span id="a70.1">1.</span> The Board shall ensure the consistent
application of this Regulation. To that end, the Board shall, on its
own initiative or, where relevant, at the request of the Commission, in
particular:</p>
<p>(<span id="a70.1.a">a</span>) monitor and ensure the correct application of this Regulation in
the cases provided for in Articles <a href="#a64">64</a> and <a href="#a65">65</a> without prejudice to the
tasks of national supervisory authorities;</p>
<p>(<span id="a70.1.b">b</span>) advise the Commission on any issue related to the protection of
personal data in the Union, including on any proposed amendment of this
Regulation;</p>
<p>(<span id="a70.1.c">c</span>) advise the Commission on the format and procedures for the
exchange of information between controllers, processors and supervisory
authorities for binding corporate rules;</p>
<p>(<span id="a70.1.d">d</span>) issue guidelines, recommendations, and best practices on
procedures for erasing links, copies or replications of personal data
from publicly available communication services as referred to in
<a href="#a17.2">Article 17(2)</a>;</p>
<p>(<span id="a70.1.e">e</span>) examine, on its own initiative, on request of one of its members
or on request of the Commission, any question covering the application
of this Regulation and issue guidelines, recommendations and best
practices in order to encourage consistent application of this
Regulation;</p>
<p>(<span id="a70.1.f">f</span>) issue guidelines, recommendations and best practices in
accordance with point (e) of this paragraph for further specifying the
criteria and conditions for decisions based on profiling pursuant to
<a href="#a22.2">Article 22(2)</a>;</p>
<p>(<span id="a70.1.g">g</span>) issue guidelines, recommendations and best practices in
accordance with point (e) of this paragraph for establishing the
personal data breaches and determining the undue delay referred to in
Article <a href="#a33.1">33(1)</a> and <a href="#a33.2">(2)</a> and for the particular circumstances in which a
controller or a processor is required to notify the personal data
breach;</p>
<p>(<span id="a70.1.h">h</span>) issue guidelines, recommendations and best practices in
accordance with point (e) of this paragraph as to the circumstances in
which a personal data breach is likely to result in a high risk to the
rights and freedoms of the natural persons referred to in <a href="#a34.1">Article 34(1)</a>.</p>
<p>(<span id="a70.1.i">i</span>) issue guidelines, recommendations and best practices in
accordance with point (e) of this paragraph for the purpose of further
specifying the criteria and requirements for personal data transfers
based on binding corporate rules adhered to by controllers and binding
corporate rules adhered to by processors and on further necessary
requirements to ensure the protection of personal data of the data
subjects concerned referred to in <a href="#a47">Article 47</a>;</p>
<p>(<span id="a70.1.j">j</span>) issue guidelines, recommendations and best practices in
accordance with point (e) of this paragraph for the purpose of further
specifying the criteria and requirements for the personal data
transfers on the basis of <a href="#a49.1">Article 49(1)</a>;</p>
<p>(<span id="a70.1.k">k</span>) draw up guidelines for supervisory authorities concerning the
application of measures referred to in <a href="#a58.1">Article 58(1)</a>, (2) and (3) and
the setting of administrative fines pursuant to <a href="#a83">Article 83</a>;</p>
<p>(<span id="a70.1.l">l</span>) review the practical application of the guidelines, recommendations and best practices<s> referred to in points (e) and (f)</s>;</p>
<p>(<span id="a70.1.m">m</span>) issue guidelines, recommendations and best practices in
accordance with point (e) of this paragraph for establishing common
procedures for reporting by natural persons of infringements of this
Regulation pursuant to <a href="#a54.2">Article 54(2)</a>;</p>
<p>(<span id="a70.1.n">n</span>) encourage the drawing-up of codes of conduct and the
establishment of data protection certification mechanisms and data
protection seals and marks pursuant to Articles <a href="#a40">40</a> and <a href="#a42">42</a>;</p>
<p>(<span id="a70.1.o">o</span>) <s>carry out the accreditation of certification bodies and its periodic review pursuant to <a href="#a43">Article 43</a></s>approve the criteria of certification pursuant to <a href="#a42.5">Article 42(5)</a> and maintain a public register of <s>accredited bodies pursuant to <a href="#a43.6">Article 43(6)</a></s><span style="color: red;">certification mechanisms and data protection seals and marks pursuant to <a href="#a42.8">Article 42(8)</a></span> and of the <s>accredited</s><span style="color: red;">certified</span> controllers or processors established in third countries pursuant to <a href="#a42.7">Article 42(7)</a>;</p>
<p>(<span id="a70.1.p">p</span>) <s>specify</s><span style="color: red;">approve</span> the requirements referred to in <a href="#a43.3">Article 43(3)</a> with a view to the accreditation of certification bodies <s>under <a href="#a42">Article 42</a></s><span style="color: red;"> referred to in <a href="#a43">Article 43</a></span>;</p>
<p>(<span id="a70.1.q">q</span>) provide the Commission with an opinion on the certification requirements referred to in <a href="#a43.8">Article 43(8)</a>;</p>
<p>(<span id="a70.1.r">r</span>) provide the Commission with an opinion on the icons referred to in <a href="#a12.7">Article 12(7)</a>;</p>
<p>(<span id="a70.1.s">s</span>) provide the Commission with an opinion for the assessment of the
adequacy of the level of protection in a third country or international
organisation, including for the assessment whether a third country, a
territory or one or more specified sectors within that third country,
or an international organisation no longer ensures an adequate level of
protection. To that end, the Commission shall provide the Board with
all necessary documentation, including correspondence with the
government of the third country, with regard to that third country,
territory or specified sector, or with the international organisation.</p>
<p>(<span id="a70.1.t">t</span>) issue opinions on draft decisions of supervisory authorities
pursuant to the consistency mechanism referred to in <a href="#a64.1">Article 64(1)</a>, on
matters submitted pursuant to <a href="#a64.2">Article 64(2)</a> and to issue binding
decisions pursuant to <a href="#a65">Article 65</a>, including in cases referred to in
Article 66;</p>
<p>(<span id="a70.1.u">u</span>) promote the cooperation and the effective bilateral and
multilateral exchange of information and best practices between the
supervisory authorities;</p>
<p>(<span id="a70.1.v">v</span>) promote common training programmes and facilitate personnel
exchanges between the supervisory authorities and, where appropriate,
with the supervisory authorities of third countries or with
international organisations;</p>
<p>(<span id="a70.1.w">w</span>) promote the exchange of knowledge and documentation on data
protection legislation and practice with data protection supervisory
authorities worldwide.</p>
<p>(<span id="a70.1.x">x</span>) issue opinions on codes of conduct drawn up at Union level pursuant to <a href="#a40.9">Article 40(9)</a>; and</p>
<p>(<span id="a70.1.y">y</span>) maintain a publicly accessible electronic register of decisions
taken by supervisory authorities and courts on issues handled in the
consistency mechanism.</p>
<p><span id="a70.2">2.</span> Where the Commission requests advice from
the Board, it may indicate a time limit, taking into account the
urgency of the matter.</p>
<p><span id="a70.3">3.</span> The Board shall forward its opinions,
guidelines, recommendations, and best practices to the Commission and
to the committee referred to in <a href="#a93">Article 93</a> and make them public.</p>
<p><span id="a70.4">4.</span> The Board shall, where appropriate,
consult interested parties and give them the opportunity to comment
within a reasonable period. The Board shall, without prejudice to
Article 76, make the results of the consultation procedure publicly
available.</p>
<h3 id="a71"><span large="">Article 71<br />Reports</span></h3>
<p><span id="a71.1">1.</span> The Board shall draw up an annual report
regarding the protection of natural persons with regard to processing
in the Union and, where relevant, in third countries and international
organisations. The report shall be made public and be transmitted to
the European Parliament, to the Council and to the Commission.</p>
<p><span id="a71.2">2.</span> The annual report shall include a review
of the practical application of the guidelines, recommendations and
best practices referred to in point (l) of <a href="#a70.1">Article 70(1)</a> as well as of
the binding decisions referred to in <a href="#a65">Article 65</a>.</p>
<h3 id="a72"><span large="">Article 72<br />Procedure</span></h3>
<p><span id="a72.1">1.</span> The Board shall take decisions by a simple majority of its members, unless otherwise provided for in this Regulation.</p>
<p><span id="a72.2">2.</span> The Board shall adopt its own rules of
procedure by a two-thirds majority of its members and organise its own
operational arrangements.</p>
<h3 id="a73"><span large="">Article 73<br />Chair</span></h3>
<p><span id="a73.1">1.</span> The Board shall elect a chair and two deputy chairs from amongst its members by simple majority.</p>
<p><span id="a73.2">2.</span> The term of office of the Chair and of the deputy chairs shall be five years and be renewable once.</p>
<h3 id="a74"><span large="">Article 74<br />Tasks of the Chair</span></h3>
<p><span id="a74.1">1.</span> The Chair shall have the following tasks:</p>
<p>(<span id="a74.1.a">a</span>) to convene the meetings of the Board and prepare its agenda;</p>
<p>(<span id="a74.1.b">b</span>) to notify decisions adopted by the Board pursuant to <a href="#a65">Article 65</a>
to the lead supervisory authority and the supervisory authorities
concerned;</p>
<p>(<span id="a74.1.c">c</span>) to ensure the timely performance of the tasks of the Board, in
particular in relation to the consistency mechanism referred to in
Article 63.</p>
<p><span id="a74.2">2.</span> The Board shall lay down the allocation of tasks between the Chair and the deputy chairs in its rules of procedure.</p>
<h3 id="a75"><span large="">Article 75<br />Secretariat</span></h3>
<p><span id="a75.1">1.</span> The Board shall have a secretariat, which shall be provided by the European Data Protection Supervisor.</p>
<p><span id="a75.2">2.</span> The secretariat shall perform its tasks exclusively under the instructions of the Chair of the Board.</p>
<p><span id="a75.3">3.</span> The staff of the European Data Protection
Supervisor involved in carrying out the tasks conferred on the Board by
this Regulation shall be subject to separate reporting lines from the
staff involved in carrying out tasks conferred on the European Data
Protection Supervisor.</p>
<p><span id="a75.4">4.</span> Where appropriate, the Board and the
European Data Protection Supervisor shall establish and publish a
Memorandum of Understanding implementing this Article, determining the
terms of their cooperation, and applicable to the staff of the European
Data Protection Supervisor involved in carrying out the tasks conferred
on the Board by this Regulation.</p>
<p><span id="a75.5">5.</span> The secretariat shall provide analytical, administrative and logistical support to the Board.</p>
<p><span id="a75.6">6.</span> The secretariat shall be responsible in particular for:</p>
<p>(<span id="a75.6.a">a</span>) the day-to-day business of the Board;</p>
<p>(<span id="a75.6.b">b</span>) communication between the members of the Board, its Chair and the Commission;</p>
<p>(<span id="a75.6.c">c</span>) communication with other institutions and the public;</p>
<p>(<span id="a75.6.d">d</span>) the use of electronic means for the internal and external communication;</p>
<p>(<span id="a75.6.e">e</span>) the translation of relevant information;</p>
<p>(<span id="a75.6.f">f</span>) the preparation and follow-up of the meetings of the Board;</p>
<p>(<span id="a75.6.g">g</span>) the preparation, drafting and publication of opinions, decisions
on the settlement of disputes between supervisory authorities and other
texts adopted by the Board.</p>
<h3 id="a76"><span large="">Article 76<br />Confidentiality</span></h3>
<p><span id="a76.1">1.</span> The discussions of the Board shall be
confidential where the Board deems it necessary, as provided for in its
rules of procedure.</p>
<p><span id="a76.2">2.</span> Access to documents submitted to members
of the Board, experts and representatives of third parties shall be
governed by Regulation (EC) No 1049/2001 of the European Parliament and
of the Council (21).</p>
<h1 style="text-align: center;"><span id="c8" style="font-size: large;"><i>CHAPTER VIII<br /></i><i>Remedies, liability and penalties</i></span></h1>
<h3 id="a77">Article 77<span large=""> Right to lodge a complaint with a supervisory authority</span></h3>
<p><span id="a77.1">1.</span> Without prejudice to any other
administrative or judicial remedy, every data subject shall have the
right to lodge a complaint with a supervisory authority, in particular
in the Member State of his or her habitual residence, place of work or
place of the alleged infringement if the data subject considers that
the processing of personal data relating to him or her infringes this
Regulation.</p>
<p><span id="a77.2">2.</span> The supervisory authority with which the
complaint has been lodged shall inform the complainant on the progress
and the outcome of the complaint including the possibility of a
judicial remedy pursuant to <a href="#a78">Article 78</a>.</p>
<h3 id="a78"><span large="">Article 78<br />Right to an effective judicial remedy against a supervisory authority</span></h3>
<p><span id="a78.1">1.</span> 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.</p>
<p><span id="a78.2">2.</span> Without prejudice to any other
administrative or non-judicial remedy, each data subject shall have the
right to a an effective judicial remedy where the supervisory authority
which is competent pursuant to Articles <a href="#a55">55</a> and <a href="#a56">56</a> does not handle a
complaint or does not inform the data subject within three months on
the progress or outcome of the complaint lodged pursuant to <a href="#a77">Article 77</a>.</p>
<p><span id="a78.3">3.</span> Proceedings against a supervisory
authority shall be brought before the courts of the Member State where
the supervisory authority is established.</p>
<p><span id="a78.4">4.</span> 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.</p>
<h3 id="a79"><span large="">Article 79<br />Right to an effective judicial remedy against a controller or processor</span></h3>
<p><span id="a79.1">1.</span> Without prejudice to any available
administrative or non-judicial remedy, including the right to lodge a
complaint with a supervisory authority pursuant to <a href="#a77">Article 77</a>, each
data subject shall have the right to an effective judicial remedy where
he or she considers that his or her rights under this Regulation have
been infringed as a result of the processing of his or her personal
data in non-compliance with this Regulation.</p>
<p><span id="a79.2">2.</span> Proceedings against a controller or a
processor shall be brought before the courts of the Member State where
the controller or processor has an establishment. Alternatively, such
proceedings may be brought before the courts of the Member State where
the data subject has his or her habitual residence, unless the
controller or processor is a public authority of a Member State acting
in the exercise of its public powers.</p>
<h3 id="a80"><span large="">Article 80<br />Representation of data subjects</span></h3>
<p><span id="a80.1">1.</span> 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 to the protection of their personal data to lodge
the complaint on his or her behalf, to exercise the rights referred to
in Articles <a href="#a77">77</a>, <a href="#a78">78</a> and <a href="#a79">79</a> on his or her behalf, and to exercise the
right to receive compensation referred to in <a href="#a82">Article 82</a> on his or her
behalf where provided for by Member State law.</p>
<p><span id="a80.2">2.</span> Member States may provide that any body,
organisation or association referred to in paragraph 1 of this Article,
independently of a data subject's mandate, has the right to lodge, in
that Member State, a complaint with the supervisory authority which is
competent pursuant to <a href="#a77">Article 77</a> and to exercise the rights referred to
in Articles <a href="#a78">78</a> and <a href="#a79">79</a> if it considers that the rights of a data subject
under this Regulation have been infringed as a result of the processing.</p>
<h3 id="a81"><span large="">Article 81<br />Suspension of proceedings</span></h3>
<p><span id="a81.1">1.</span> Where a competent court of a Member State
has information on proceedings, concerning the same subject matter as
regards processing by the same controller or processor, that are
pending in a court in another Member State, it shall contact that court
in the other Member State to confirm the existence of such proceedings.</p>
<p><span id="a81.2">2.</span> Where proceedings concerning the same
subject matter as regards processing of the same controller or
processor are pending in a court in another Member State, any competent
court other than the court first seized may suspend its proceedings.</p>
<p><span id="a81.3">3.</span> Where those proceedings are pending at
first instance, any court other than the court first seized may also,
on the application of one of the parties, decline jurisdiction if the
court first seized has jurisdiction over the actions in question and
its law permits the consolidation thereof.</p>
<h3 id="a82"><span large="">Article 82<br />Right to compensation and liability</span></h3>
<p><span id="a82.1">1.</span> 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.</p>
<p><span id="a82.2">2.</span> Any controller involved in processing
shall be liable for the damage caused by processing which infringes
this Regulation. A processor shall be liable for the damage caused by
processing only where it has not complied with obligations of this
Regulation specifically directed to processors or where it has acted
outside or contrary to lawful instructions of the controller.</p>
<p><span id="a82.3">3.</span> A controller or processor shall be exempt
from liability under paragraph 2 if it proves that it is not in any way
responsible for the event giving rise to the damage.</p>
<p><span id="a82.4">4.</span> Where more than one controller or
processor, or both a controller and a processor, are involved in the
same processing and where they are, under paragraphs 2 and 3,
responsible for any damage caused by processing, each controller or
processor shall be held liable for the entire damage in order to ensure
effective compensation of the data subject.</p>
<p><span id="a82.5">5.</span> Where a controller or processor has, in
accordance with paragraph 4, paid full compensation for the damage
suffered, that controller or processor shall be entitled to claim back
from the other controllers or processors involved in the same
processing that part of the compensation corresponding to their part of
responsibility for the damage, in accordance with the conditions set
out in paragraph 2.</p>
<p><span id="a82.6">6.</span> Court proceedings for exercising the
right to receive compensation shall be brought before the courts
competent under the law of the Member State referred to in Article
79(2).</p>
<h3 id="a83"><span large="">Article 83<br />General conditions for imposing administrative fines</span></h3>
<p><span id="a83.1">1.</span> 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.</p>
<p><span id="a83.2">2.</span> Administrative fines shall, depending on
the circumstances of each individual case, be imposed in addition to,
or instead of, measures referred to in points (a) to (h) and (j) of
<a href="#a58.2">Article 58(2)</a>. When deciding whether to impose an administrative fine
and deciding on the amount of the administrative fine in each
individual case due regard shall be given to the following:</p>
<p>(<span id="a83.2.a">a</span>) the nature, gravity and duration of the infringement taking into
account the nature scope or purpose of the processing concerned as well
as the number of data subjects affected and the level of damage
suffered by them;</p>
<p>(<span id="a83.2.b">b</span>) the intentional or negligent character of the infringement;</p>
<p>(<span id="a83.2.c">c</span>) any action taken by the controller or processor to mitigate the damage suffered by data subjects;</p>
<p>(<span id="a83.2.d">d</span>) the degree of responsibility of the controller or processor
taking into account technical and organisational measures implemented
by them pursuant to Articles <a href="#a25">25</a> and <a href="#a32">32</a>;</p>
<p>(<span id="a83.2.e">e</span>) any relevant previous infringements by the controller or processor;</p>
<p>(<span id="a83.2.f">f</span>) the degree of cooperation with the supervisory authority, in
order to remedy the infringement and mitigate the possible adverse
effects of the infringement;</p>
<p>(<span id="a83.2.g">g</span>) the categories of personal data affected by the infringement;</p>
<p>(<span id="a83.2.h">h</span>) the manner in which the infringement became known to the
supervisory authority, in particular whether, and if so to what extent,
the controller or processor notified the infringement;</p>
<p>(<span id="a83.2.i">i</span>) where measures referred to in <a href="#a58.2">Article 58(2)</a> have previously been
ordered against the controller or processor concerned with regard to
the same subject-matter, compliance with those measures;</p>
<p>(<span id="a83.2.j">j</span>) adherence to approved codes of conduct pursuant to <a href="#a40">Article 40</a> or
approved certification mechanisms pursuant to <a href="#a42">Article 42</a>; and</p>
<p>(<span id="a83.2.k">k</span>) any other aggravating or mitigating factor applicable to the
circumstances of the case, such as financial benefits gained, or losses
avoided, directly or indirectly, from the infringement.</p>
<p><span id="a83.3">3.</span> If a controller or processor
intentionally or negligently, for the same or linked processing
operations, infringes several provisions of this Regulation, the total
amount of the administrative fine shall not exceed the amount specified
for the gravest infringement.</p>
<p><span id="a83.4">4.</span> Infringements of the following provisions
shall, in accordance with paragraph 2, be subject to administrative
fines up to 10 000 000 EUR, or in the case of an undertaking, up to 2 %
of the total worldwide annual turnover of the preceding financial year,
whichever is higher:</p>
<p>(<span id="a83.4.a">a</span>) the obligations of the controller and the processor pursuant to Articles <a href="#a8">8</a>, <a href="#a11">11</a>, <a href="#a25">25</a> to <a href="">39 and </a><a href="#a42">42</a> and <a href="#a43">43</a>;</p>
<p>(<span id="a83.4.b">b</span>) the obligations of the certification body pursuant to Articles <a href="#a42">42</a> and <a href="#a43">43</a>;</p>
<p>(<span id="a83.4.c">c</span>) the obligations of the monitoring body pursuant to <a href="#a41.4">Article 41(4)</a>.</p>
<p><span id="a83.5">5.</span> Infringements of the following provisions
shall, in accordance with paragraph 2, be subject to administrative
fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 %
of the total worldwide annual turnover of the preceding financial year,
whichever is higher:</p>
<p>(<span id="a83.5.a">a</span>) the basic principles for processing, including conditions for consent, pursuant to Articles <a href="#a5">5</a>, <a href="#a6">6</a>, <a href="#a7">7</a> and <a href="#a9">9</a>;</p>
<p>(<span id="a83.5.b">b</span>) the data subjects' rights pursuant to Articles <a href="#a12">12</a> to <a href="#a22">22</a>;</p>
<p>(<span id="a83.5.c">c</span>) the transfers of personal data to a recipient in a third country
or an international organisation pursuant to Articles <a href="#a44">44</a> to <a href="#a49">49</a>;</p>
<p>(<span id="a83.5.d">d</span>) any obligations pursuant to Member State law adopted under Chapter IX;</p>
<p>(<span id="a83.5.e">e</span>) non-compliance with an order or a temporary or definitive
limitation on processing or the suspension of data flows by the
supervisory authority pursuant to <a href="#a58.2">Article 58(2)</a> or failure to provide
access in violation of <a href="#a58.1">Article 58(1)</a>.</p>
<p><span id="a83.6">6.</span> Non-compliance with an order by the
supervisory authority as referred to in <a href="#a58.2">Article 58(2)</a> shall, in
accordance with <a href="#a83.2">paragraph 2</a> of this Article, be subject to
administrative fines up to 20 000 000 EUR, or in the case of an
undertaking, up to 4 % of the total worldwide annual turnover of the
preceding financial year, whichever is higher.</p>
<p><span id="a83.7">7.</span> Without prejudice to the corrective
powers of supervisory authorities pursuant to <a href="#a58.2">Article 58(2)</a>, each
Member State may lay down the rules on whether and to what extent
administrative fines may be imposed on public authorities and bodies
established in that Member State.</p>
<p><span id="a83.8">8.</span> The exercise by the supervisory authority
of its powers under this Article shall be subject to appropriate
procedural safeguards in accordance with Union and Member State law,
including effective judicial remedy and due process.</p>
<p><span id="a83.9">9.</span> Where the legal system of the Member
State does not provide for administrative fines, this Article may be
applied in such a manner that the fine is initiated by the competent
supervisory authority and imposed by competent national courts, while
ensuring that those legal remedies are effective and have an equivalent
effect to the administrative fines imposed by supervisory authorities.
In any event, the fines imposed shall be effective, proportionate and
dissuasive. Those Member States shall notify to the Commission the
provisions of their laws which they adopt pursuant to this paragraph by
25 May 2018 and, without delay, any subsequent amendment law or
amendment affecting them.</p>
<h3 id="a84"><span large="">Article 84<br />Penalties</span></h3>
<p><span id="a84.1">1.</span> Member States shall lay down the rules on
other penalties applicable to infringements of this Regulation in
particular for infringements which are not subject to administrative
fines pursuant to <a href="#a83">Article 83</a>, and shall take all measures necessary to
ensure that they are implemented. Such penalties shall be effective,
proportionate and dissuasive.</p>
<p><span id="a84.2">2.</span> Each Member State shall notify to the
Commission the provisions of its law which it adopts pursuant to
paragraph 1, by 25 May 2018 and, without delay, any subsequent
amendment affecting them.</p>
<h1 style="text-align: center;"><span id="c9" style="font-size: large;"><i>CHAPTER IX<br /></i><i>Provisions relating to specific processing situations</i></span></h1>
<h3 id="a85">Article 85<span large=""> Processing and freedom of expression and information</span></h3>
<p><span id="a85.1">1.</span> Member States shall by law reconcile the
right to the protection of personal data pursuant to this Regulation
with the right to freedom of expression and information, including
processing for journalistic purposes and the purposes of academic,
artistic or literary expression.</p>
<p><span id="a85.2">2.</span> For processing carried out for
journalistic purposes or the purpose of academic artistic or literary
expression, Member States shall provide for exemptions or derogations
from Chapter II (principles), Chapter III (rights of the data subject),
Chapter IV (controller and processor), Chapter V (transfer of personal
data to third countries or international organisations), Chapter VI
(independent supervisory authorities), Chapter VII (cooperation and
consistency) and Chapter IX (specific data processing situations) if
they are necessary to reconcile the right to the protection of personal
data with the freedom of expression and information.</p>
<p><span id="a85.3">3.</span> Each Member State shall notify to the
Commission the provisions of its law which it has adopted pursuant to
paragraph 2 and, without delay, any subsequent amendment law or
amendment affecting them.</p>
<h3 id="a86"><span large="">Article 86<br />Processing and public access to official documents</span></h3>
<p>Personal data in official documents held by a public authority or a
public body or a private body for the performance of a task carried out
in the public interest may be disclosed by the authority or body in
accordance with Union or Member State law to which the public authority
or body is subject in order to reconcile public access to official
documents with the right to the protection of personal data pursuant to
this Regulation.</p>
<h3 id="a87"><span large="">Article 87<br />Processing of the national identification number</span></h3>
<p>Member States may further determine the specific conditions for the
processing of a national identification number or any other identifier
of general application. In that case the national identification number
or any other identifier of general application shall be used only under
appropriate safeguards for the rights and freedoms of the data subject
pursuant to this Regulation.</p>
<h3 id="a88"><span large="">Article 88<br />Processing in the context of employment</span></h3>
<p><span id="a88.1">1.</span> Member States may, by law or by
collective agreements, provide for more specific rules to ensure the
protection of the rights and freedoms in respect of the processing of
employees' personal data in the employment context, in particular for
the purposes of the recruitment, the performance of the contract of
employment, including discharge of obligations laid down by law or by
collective agreements, management, planning and organisation of work,
equality and diversity in the workplace, health and safety at work,
protection of employer's or customer's property and for the purposes of
the exercise and enjoyment, on an individual or collective basis, of
rights and benefits related to employment, and for the purpose of the
termination of the employment relationship.</p>
<p><span id="a88.2">2.</span> Those rules shall include suitable and
specific measures to safeguard the data subject's human dignity,
legitimate interests and fundamental rights, with particular regard to
the transparency of processing, the transfer of personal data within a
group of undertakings, or a group of enterprises engaged in a joint
economic activity and monitoring systems at the work place.</p>
<p><span id="a88.3">3.</span> Each Member State shall notify to the
Commission those provisions of its law which it adopts pursuant to
paragraph 1, by 25 May 2018 and, without delay, any subsequent
amendment affecting them.</p>
<h3 id="a89"><span large="">Article 89<br />Safeguards and derogations
relating to processing for archiving purposes in the public interest,
scientific or historical research purposes or statistical purposes</span></h3>
<p><span id="a89.1">1.</span> Processing for archiving purposes in the
public interest, scientific or historical research purposes or
statistical purposes, shall be subject to appropriate safeguards, in
accordance with this Regulation, for the rights and freedoms of the
data subject. Those safeguards shall ensure that technical and
organisational measures are in place in particular in order to ensure
respect for the principle of data minimisation. Those measures may
include pseudonymisation provided that those purposes can be fulfilled
in that manner. Where those purposes can be fulfilled by further
processing which does not permit or no longer permits the
identification of data subjects, those purposes shall be fulfilled in
that manner.</p>
<p><span id="a89.2">2.</span> Where personal data are processed for
scientific or historical research purposes or statistical purposes,
Union or Member State law may provide for derogations from the rights
referred to in Articles <a href="#a15">15</a>, <a href="#a16">16</a>, <a href="#a18">18</a> and <a href="#a21">21</a> subject to the conditions and
safeguards referred to in <a href="#a89.1">paragraph 1 of this Article</a> in so far as such
rights are likely to render impossible or seriously impair the
achievement of the specific purposes, and such derogations are
necessary for the fulfilment of those purposes.</p>
<p><span id="a89.3">3.</span> Where personal data are processed for
archiving purposes in the public interest, Union or Member State law
may provide for derogations from the rights referred to in Articles <a href="#a15">15</a>, <a href="#a16">16</a>, <a href="#a18">18</a>, <a href="#a19">19</a>, <a href="#a20">20</a> and <a href="#a21">21</a> subject to the conditions and safeguards referred
to in paragraph 1 of this Article in so far as such rights are likely
to render impossible or seriously impair the achievement of the
specific purposes, and such derogations are necessary for the
fulfilment of those purposes.</p>
<p><span id="a89.4">4.</span> 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.</p>
<h3 id="a90"><span large="">Article 90<br />Obligations of secrecy</span></h3>
<p><span id="a90.1">1.</span> Member States may adopt specific rules to
set out the powers of the supervisory authorities laid down in points
(e) and (f) of <a href="#a58.1">Article 58(1)</a> in relation to controllers or processors
that are subject, under Union or Member State law or rules established
by national competent bodies, to an obligation of professional secrecy
or other equivalent obligations of secrecy where this is necessary and
proportionate to reconcile the right of the protection of personal data
with the obligation of secrecy. Those rules shall apply only with
regard to personal data which the controller or processor has received
as a result of or has obtained in an activity covered by that
obligation of secrecy.</p>
<p><span id="a90.2">2.</span> Each Member State shall notify to the
Commission the rules adopted pursuant to paragraph 1, by 25 May 2018
and, without delay, any subsequent amendment affecting them.</p>
<h3 id="a91"><span large="">Article 91<br />Existing data protection rules of churches and religious associations</span></h3>
<p><span id="a91.1">1.</span> 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.</p>
<p><span id="a91.2">2.</span> 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 fulfils
the conditions laid down in Chapter VI of this Regulation.</p>
<h1 style="text-align: center;"><span id="c10" style="font-size: large;"><i>CHAPTER X<br /></i><i>Delegated acts and implementing acts</i></span></h1>
<h3 id="a92">Article 92<span large=""> Exercise of the delegation</span></h3>
<p>1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.</p>
<p><span id="a92.2">2.</span> The delegation of power referred to in
<a href="#a12.8">Article 12(8)</a> and <a href="#a43.8">Article 43(8)</a> shall be conferred on the Commission
for an indeterminate period of time from 24 May 2016.</p>
<p><span id="a92.3">3.</span> The delegation of power referred to in
<a href="#a12.8">Article 12(8)</a> and <a href="#a43.8">Article 43(8)</a> may be revoked at any time by the
European Parliament or by the Council. A decision of revocation shall
put an end to the delegation of power specified in that decision. It
shall take effect the day following that of its publication in the
Official Journal of the European Union or at a later date specified
therein. It shall not affect the validity of any delegated acts already
in force.</p>
<p><span id="a92.4">4.</span> As soon as it adopts a delegated act, the
Commission shall notify it simultaneously to the European Parliament
and to the Council.</p>
<p><span id="a92.5">5.</span> A delegated act adopted pursuant to
<a href="#a12.8">Article 12(8)</a> and <a href="#a43.8">Article 43(8)</a> shall enter into force only if no
objection has been expressed by either the European Parliament or the
Council within a period of three months of notification of that act to
the European Parliament and the Council or if, before the expiry of
that period, the European Parliament and the Council have both informed
the Commission that they will not object. That period shall be extended
by three months at the initiative of the European Parliament or of the
Council.</p>
<h3 id="a93"><span large="">Article 93<br />Committee procedure</span></h3>
<p><span id="a93.1">1.</span> The Commission shall be assisted by a
committee. That committee shall be a committee within the meaning of
Regulation (EU) No 182/2011.</p>
<p><span id="a93.2">2.</span> Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.</p>
<p><span id="a93.3">3.</span> Where reference is made to this
paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction
with Article 5 thereof, shall apply.</p>
<h1 style="text-align: center;"><span id="c11" style="font-size: large;"><i>CHAPTER XI<br /></i><i>Final provisions</i></span></h1>
<h3 id="a94">Article 94<span large=""> Repeal of Directive 95/46/EC</span></h3>
<p><span id="a94.1">1.</span> Directive 95/46/EC is repealed with effect from 25 May 2018.</p>
<p><span id="a94.2">2.</span> References to the repealed Directive
shall be construed as references to this Regulation. References to the
Working Party on the Protection of Individuals with regard to the
Processing of Personal Data established by Article 29 of Directive
95/46/EC shall be construed as references to the European Data
Protection Board established by this Regulation.</p>
<h3 id="a95"><span large="">Article 95<br />Relationship with Directive 2002/58/EC</span></h3>
<p>This Regulation shall not impose additional obligations on natural
or legal persons in relation to processing in connection with the
provision of publicly available electronic communications services in
public communication networks in the Union in relation to matters for
which they are subject to specific obligations with the same objective
set out in Directive 2002/58/EC.</p>
<h3 id="a96"><span large="">Article 96<br />Relationship with previously concluded Agreements</span></h3>
<p>International agreements involving the transfer of personal data to
third countries or international organisations which were concluded by
Member States prior to 24 May 2016, and which comply with Union law as
applicable prior to that date, shall remain in force until amended,
replaced or revoked.</p>
<h3 id="a97"><span large="">Article 97<br />Commission reports</span></h3>
<p><span id="a97.1">1.</span> By 25 May 2020 and every four years
thereafter, the Commission shall submit a report on the evaluation and
review of this Regulation to the European Parliament and to the
Council. The reports shall be made public.</p>
<p><span id="a97.2">2.</span> In the context of the evaluations and
reviews referred to in paragraph 1, the Commission shall examine, in
particular, the application and functioning of:</p>
<p>(<span id="a97.2.a">a</span>) Chapter V on the transfer of personal data to third countries or
international organisations with particular regard to decisions adopted
pursuant to <a href="#a45.3">Article 45(3)</a> of this Regulation and decisions adopted on
the basis of Article 25(6) of Directive 95/46/EC;</p>
<p>(<span id="a97.2.b">b</span>) Chapter VII on cooperation and consistency.</p>
<p><span id="a97.3">3.</span> For the purpose of paragraph 1, the Commission may request information from Member States and supervisory authorities.</p>
<p><span id="a97.4">4.</span> In carrying out the evaluations and
reviews referred to in paragraphs 1 and 2, the Commission shall take
into account the positions and findings of the European Parliament, of
the Council, and of other relevant bodies or sources.</p>
<p><span id="a97.5">5.</span> The Commission shall, if necessary,
submit appropriate proposals to amend this Regulation, in particular
taking into account of developments in information technology and in
the light of the state of progress in the information society.</p>
<h3 id="a98"><span large="">Article 98<br />Review of other Union legal acts on data protection</span></h3>
<p>The Commission shall, if appropriate, submit legislative proposals
with a view to amending other Union legal acts on the protection of
personal data, in order to ensure uniform and consistent protection of
natural persons with regard to processing. This shall in particular
concern the rules relating to the protection of natural persons with
regard to processing by Union institutions, bodies, offices and
agencies and on the free movement of such data.</p>
<h3 id="a99"><span large="">Article 99<br />Entry into force and application</span></h3>
<p><span id="a99.1">1.</span> This Regulation shall enter into force on
the twentieth day following that of its publication in the Official
Journal of the European Union.</p>
<p><span id="a99.2">2.</span> It shall apply from 25 May 2018.</p>
<p>This Regulation shall be binding in its entirety and directly applicable in all Member States.</p>
<p><br /></p>
<p>Done at Brussels, 27 April 2016.</p>
<p>For the European Parliament</p>
<p>The President</p>
<p>M. SCHULZ</p>
<p>For the Council</p>
<p>The President</p>
<p>J.A. HENNIS-PLASSCHAERT</p>
<p style="font-weight: bold;"><br /></p>
<p>(1) OJ C 229, 31.7.2012, p. 90.</p>
<p>(2) OJ C 391, 18.12.2012, p. 127.</p>
<p>(3) Position of the European Parliament of 12 March 2014 (not yet
published in the Official Journal) and position of the Council at first
reading of 8 April 2016 (not yet published in the Official Journal).
Position of the European Parliament of 14 April 2016.</p>
<p>(4) Directive 95/46/EC of the European Parliament and of the Council
of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data (OJ L
281, 23.11.1995, p. 31).</p>
<p>(5) Commission Recommendation of 6 May 2003 concerning the
definition of micro, small and medium-sized enterprises (C(2003) 1422)
(OJ L 124, 20.5.2003, p. 36).</p>
<p>(6) Regulation (EC) No 45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of individuals with
regard to the processing of personal data by the Community institutions
and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p.
1).</p>
<p>(7) Directive (EU) 2016/680 of the European Parliament and of the
Council of 27 April 2016 on the protection of natural persons with
regard to the processing of personal data by competent authorities for
the purposes of prevention, investigation, detection or prosecution of
criminal offences or the execution of criminal penalties, and the free
movement of such data and repealing Council Framework Decision
2008/977/JHA (see page 89 of this Official Journal).</p>
<p>(8) Directive 2000/31/EC of the European Parliament and of the
Council of 8 June 2000 on certain legal aspects of information society
services, in particular electronic commerce, in the Internal Market
('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).</p>
<p>(9) Directive 2011/24/EU of the European Parliament and of the
Council of 9 March 2011 on the application of patients' rights in
cross-border healthcare (OJ L 88, 4.4.2011, p. 45).</p>
<p>(10) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).</p>
<p>(11) Regulation (EC) No 1338/2008 of the European Parliament and of
the Council of 16 December 2008 on Community statistics on public
health and health and safety at work (OJ L 354, 31.12.2008, p. 70).</p>
<p>(12) Regulation (EU) No 182/2011 of the European Parliament and of
the Council of 16 February 2011 laying down the rules and general
principles concerning mechanisms for control by Member States of the
Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.
13).</p>
<p>(13) Regulation (EU) No 1215/2012 of the European Parliament and of
the Council of 12 December 2012 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters (OJ L 351,
20.12.2012, p. 1).</p>
<p>(14) Directive 2003/98/EC of the European Parliament and of the
Council of 17 November 2003 on the re-use of public sector information
(OJ L 345, 31.12.2003, p. 90).</p>
<p>(15) Regulation (EU) No 536/2014 of the European Parliament and of
the Council of 16 April 2014 on clinical trials on medicinal products
for human use, and repealing Directive 2001/20/EC (OJ L 158, 27.5.2014,
p. 1).</p>
<p>(16) Regulation (EC) No 223/2009 of the European Parliament and of
the Council of 11 March 2009 on European statistics and repealing
Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of
the Council on the transmission of data subject to statistical
confidentiality to the Statistical Office of the European Communities,
Council Regulation (EC) No 322/97 on Community Statistics, and Council
Decision 89/382/EEC, Euratom establishing a Committee on the
Statistical Programmes of the European Communities (OJ L 87, 31.3.2009,
p. 164).</p>
<p>(17) OJ C 192, 30.6.2012, p. 7.</p>
<p>(18) Directive 2002/58/EC of the European Parliament and of the
Council of 12 July 2002 concerning the processing of personal data and
the protection of privacy in the electronic communications sector
(Directive on privacy and electronic communications) (OJ L 201,
31.7.2002, p. 37).</p>
<p>(19) Directive (EU) 2015/1535 of the European Parliament and of the
Council of 9 September 2015 laying down a procedure for the provision
of information in the field of technical regulations and of rules on
Information Society services (OJ L 241, 17.9.2015, p. 1).</p>
<p>(20) Regulation (EC) No 765/2008 of the European Parliament and of
the Council of 9 July 2008 setting out the requirements for
accreditation and market surveillance relating to the marketing of
products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008,
p. 30).</p>
<p><i><b><span style="font-size: large;"></span></b></i></p>
<p>(21) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p.
43).</p><p></p><p></p>
Kuanhttp://www.blogger.com/profile/00041429221345800464noreply@blogger.com0