article_id,article_title,article_text,article_recitals article1,Subject-matter and objectives,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. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data. 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.,"1,2,3,4,5,6,7,8,9,10,11,12,13" article2,Material scope,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.,"14,15" article2,Material scope,This Regulation does not apply to the processing of personal data: in the course of an activity which falls outside the scope of Union law;,16 article2,Material scope,This Regulation does not apply to the processing of personal data: by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;, article2,Material scope,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;,18 article2,Material scope,"This Regulation does not apply 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.",19 article2,Material scope,"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 Article 98.","17,172" article2,Material scope,"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 12-15 of that Directive.","20,21" article3,Territorial scope,"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.","22,14" article3,Territorial scope,"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: the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union;",23 article3,Territorial scope,"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: the monitoring of their behaviour as far as their behaviour takes place within the Union.",24 article3,Territorial scope,"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.",25 article4,Definitions,"'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;","26,27" article4,Definitions,"'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;", article4,Definitions,'restriction of processing' means the marking of stored personal data with the aim of limiting their processing in the future;, article4,Definitions,"'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;", article4,Definitions,"'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;","26,28,29,30" article4,Definitions,"'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;", article4,Definitions,"'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;", article4,Definitions,"'processor' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;", article4,Definitions,"'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;",31 article4,Definitions,"'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;", article4,Definitions,"'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;","32,33" article4,Definitions,"'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;", article4,Definitions,"'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;",34 article4,Definitions,"'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;", article4,Definitions,"'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;",35 article4,Definitions,"'main establishment' means: 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;",36 article4,Definitions,"'main establishment' means: 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;",36 article4,Definitions,"'representative' means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;", article4,Definitions,"'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;", article4,Definitions,'group of undertakings' means a controlling undertaking and its controlled undertakings;,37 article4,Definitions,"'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;", article4,Definitions,'supervisory authority' means an independent public authority which is established by a Member State pursuant to Article 51;, article4,Definitions,'supervisory authority concerned' means a supervisory authority which is concerned by the processing of personal data because: the controller or processor is established on the territory of the Member State of that supervisory authority;,36 article4,Definitions,'supervisory authority concerned' means a supervisory authority which is concerned by the processing of personal data because: data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing;,36 article4,Definitions,'supervisory authority concerned' means a supervisory authority which is concerned by the processing of personal data because: a complaint has been lodged with that supervisory authority;,36 article4,Definitions,'cross-border processing' means either: 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 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., article4,Definitions," '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;", article4,Definitions,'information society service' means a service as defined in Article 1(1)-(b) of Directive (EU) 2015/1535 of the European Parliament and of the Council, article4,Definitions," '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.", article5,Principles relating to processing of personal data," Personal data shall be: processed lawfully, fairly and in a transparent manner in relation to the data subject ('lawfulness, fairness and transparency');",39 article5,Principles relating to processing of personal data," Personal data shall be: 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');", article5,Principles relating to processing of personal data," Personal data shall be: adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed ('data minimisation');", article5,Principles relating to processing of personal data," Personal data shall be: 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');", article5,Principles relating to processing of personal data," Personal data shall be: 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 Article 89(1) 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');", article5,Principles relating to processing of personal data," Personal data shall be: 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').", article5,Principles relating to processing of personal data," 'accountability': The controller shall be responsible for, and be able to demonstrate compliance with, the principles of 'lawfulness, fairness and transparency', 'purpose limitation', 'data minimisation', 'accuracy', 'storage limitation', 'integrity and confidentiality'.", article6,Lawfulness of processing,Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes;,"40,42" article6,Lawfulness of processing,Processing shall be lawful only if and to the extent that at least one of the following applies: 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;,44 article6,Lawfulness of processing,Processing shall be lawful only if and to the extent that at least one of the following applies: processing is necessary for compliance with a legal obligation to which the controller is subject;,45 article6,Lawfulness of processing,Processing shall be lawful only if and to the extent that at least one of the following applies: processing is necessary in order to protect the vital interests of the data subject or of another natural person;,46 article6,Lawfulness of processing,Processing shall be lawful only if and to the extent that at least one of the following applies: 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;,115 article6,Lawfulness of processing,"Processing shall be lawful only if and to the extent that at least one of the following applies: 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. This shall not apply to processing carried out by public authorities in the performance of their tasks.","47,48,49,40,50" article6,Lawfulness of processing,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 a legal obligation to which the controller is subject' and 'for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller' 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 'Provisions relating to specific processing situations'., article6,Lawfulness of processing,"The basis for the processing 'necessary for compliance with a legal obligation to which the controller is subject' and the 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' shall be laid down by: Union law, or Member State law to which the controller is subject. The purpose of the processing shall be determined in that legal basis or, as regards the processing 'for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller', 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 'Provisions relating to specific processing situations'. The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued.",41 article6,Lawfulness of processing,"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 Article 23(1), 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: any link between the purposes for which the personal data have been collected and the purposes of the intended further processing;", article6,Lawfulness of processing,"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 Article 23(1), 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: the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller;", article6,Lawfulness of processing,"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 Article 23(1), 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: the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10;", article6,Lawfulness of processing,"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 Article 23(1), 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: the possible consequences of the intended further processing for data subjects;", article6,Lawfulness of processing,"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 Article 23(1), 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: the existence of appropriate safeguards, which may include encryption or pseudonymisation.", article7,Conditions for consent,"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.","32,33" article7,Conditions for consent," 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.","32,33" article7,Conditions for consent,"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.","32,33" article7,Conditions for consent,"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.","43,32" article8,Conditions applicable to child's consent in relation to information society services,"Where it applies that 'the data subject has given consent to the processing of his or her personal data for one or more specific purposes' (Article 6(1a)), 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. This 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.",38 article8,Conditions applicable to child's consent in relation to information society services,"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.",38 article9,Processing of special categories of personal data,"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.",51 article9,Processing of special categories of personal data,"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 allowed if: 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 may not be lifted by the data subject;","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: 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;","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: 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;","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: 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;","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: processing relates to personal data which are manifestly made public by the data subject;","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: ","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: 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;","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: 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 as follows: data may be 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;","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: 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;","52,53,54,55,56" article9,Processing of special categories of personal data,"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 allowed if: processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) 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.","52,53,54,55,56" article9,Processing of special categories of personal data,"Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health.", article10,Processing of personal data relating to criminal convictions and offences,Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) 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., article11,Processing which does not require identification,"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. Where, in such cases, 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 15-20 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.","57,64" article12,"Transparent information, communication and modalities for the exercise of the rights of the data subject","The controller shall take appropriate measures to provide any information referred to in Article 13 and Article 14 and any communication under Articles 15-22, and Article 34 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.",58 article12,"Transparent information, communication and modalities for the exercise of the rights of the data subject","The controller shall facilitate the exercise of data subject rights under Articles 15-22. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15-22, unless the controller demonstrates that it is not in a position to identify the data subject.","59,64" article12,"Transparent information, communication and modalities for the exercise of the rights of the data subject","The controller shall provide information on action taken on a request under Articles 15-22 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.", article12,"Transparent information, communication and modalities for the exercise of the rights of the data subject","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.", article12,"Transparent information, communication and modalities for the exercise of the rights of the data subject","Information provided under Article 13 and Article 14 and any communication and any actions taken under Articles 15-22 and Article 34 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: charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or, refuse to act on the request. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.", article12,"Transparent information, communication and modalities for the exercise of the rights of the data subject","Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15-21, the controller may request the provision of additional information necessary to confirm the identity of the data subject.", article12,"Transparent information, communication and modalities for the exercise of the rights of the data subject","The information to be provided to data subjects pursuant to Article 13 and Article 14 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.", article12,"Transparent information, communication and modalities for the exercise of the rights of the data subject",The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons., article13,Information to be provided where personal data are collected from the data subject,"Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller's representative;",60 article13,Information to be provided where personal data are collected from the data subject,"Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the contact details of the data protection officer, where applicable;",60 article13,Information to be provided where personal data are collected from the data subject,"Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;",60 article13,Information to be provided where personal data are collected from the data subject,"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: where the processing is based on the legitimate interests pursued by the controller or by a third party (Article 6(1)-(f));",60 article13,Information to be provided where personal data are collected from the data subject,"Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the recipients or categories of recipients of the personal data, if any;",60 article13,Information to be provided where personal data are collected from the data subject,"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: 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 Article 46 or Article 47, or the second subparagraph of Article 49(1), 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.",60 article13,Information to be provided where personal data are collected from the data subject,"In addition, 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: the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;","61,62,63" article13,Information to be provided where personal data are collected from the data subject,"In addition, 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: 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;","61,62,63" article13,Information to be provided where personal data are collected from the data subject,"In addition, 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: where the processing is based on 'the data subject has given consent to the processing of his or her personal data for one or more specific purposes;' (Article 6(1)-(a)) or '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 prohibition12 may not be lifted by the data subject' (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;","61,62,63" article13,Information to be provided where personal data are collected from the data subject,"In addition, 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: the right to lodge a complaint with a supervisory authority;","61,62,63" article13,Information to be provided where personal data are collected from the data subject,"In addition, 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: 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;","61,62,63" article13,Information to be provided where personal data are collected from the data subject,"In addition, 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: the existence of automated decision-making, including profiling, referred to in Article 22(1) and Article 22(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.","61,62,63" article13,Information to be provided where personal data are collected from the data subject,"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 that the controller shall provide the data subject to ensure fair and transparent processing.", article13,Information to be provided where personal data are collected from the data subject,The controller shall not provide any information concerning Article 13 where and insofar as the data subject already has the information., article14,Information to be provided where personal data have not been obtained from the data subject,"Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: the identity and the contact details of the controller and, where applicable, of the controller's representative;", article14,Information to be provided where personal data have not been obtained from the data subject,"Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: the contact details of the data protection officer, where applicable;", article14,Information to be provided where personal data have not been obtained from the data subject,"Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;", article14,Information to be provided where personal data have not been obtained from the data subject,"Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: the categories of personal data concerned;", article14,Information to be provided where personal data have not been obtained from the data subject,"Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: the recipients or categories of recipients of the personal data, if any;", article14,Information to be provided where personal data have not been obtained from the data subject,"Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: 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 Article 46 or Article 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available.", article14,Information to be provided where personal data have not been obtained from the data subject,"In addition, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;", article14,Information to be provided where personal data have not been obtained from the data subject,"In addition, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: where the processing is for the purposes of the legitimate interests pursued by the controller or by a third party (Article 6(1)-(f)), the legitimate interests pursued by the controller or by a third party;", article14,Information to be provided where personal data have not been obtained from the data subject,"In addition, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability;", article14,Information to be provided where personal data have not been obtained from the data subject,"In addition, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: where processing is based on 'the data subject has given consent to the processing of his or her personal data for one or more specific purposes' (Article 6(1)-(a)) or '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 may not be lifted by the data subject' (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;", article14,Information to be provided where personal data have not been obtained from the data subject,"In addition, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: the right to lodge a complaint with a supervisory authority;", article14,Information to be provided where personal data have not been obtained from the data subject,"In addition, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: from which source the personal data originate, and if applicable, whether it came from publicly accessible sources;", article14,Information to be provided where personal data have not been obtained from the data subject,"In addition, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: the existence of automated decision-making, including profiling, referred to in Article 22(1) and Article 22(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.", article14,Information to be provided where personal data have not been obtained from the data subject,"The controller shall provide the information where personal data have not been obtained from the data subject and the information to ensure fair and transparent processing in respect of the data subject: 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;", article14,Information to be provided where personal data have not been obtained from the data subject,"The controller shall provide the information where personal data have not been obtained from the data subject and the information to ensure fair and transparent processing in respect of the data subject: 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;", article14,Information to be provided where personal data have not been obtained from the data subject,"The controller shall provide the information where personal data have not been obtained from the data subject and the information to ensure fair and transparent processing in respect of the data subject: if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.", article14,Information to be provided where personal data have not been obtained from the data subject,"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 to ensure fair and transparent processing in respect of the data subject.", article14,Information to be provided where personal data have not been obtained from the data subject,The controller shall not provide any information concerning Article 14 where and insofar as: the data subject already has the information;, article14,Information to be provided where personal data have not been obtained from the data subject,"The controller shall not provide any information concerning Article 14 where and insofar as: 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 Article 89(1) or in so far as the obligation referred to 'the information where personal data have not been obtained from the data subject' 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;", article14,Information to be provided where personal data have not been obtained from the data subject,The controller shall not provide any information concerning Article 14 where and insofar as: 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;, article14,Information to be provided where personal data have not been obtained from the data subject,"The controller shall not provide any information concerning Article 14 where and insofar as: 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.", article15,Right of access by the data subject,"The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: the purposes of the processing;","63,64" article15,Right of access by the data subject,"The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: the categories of personal data concerned;","63,64" article15,Right of access by the data subject,"The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: the 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;","63,64" article15,Right of access by the data subject,"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: where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;","63,64" article15,Right of access by the data subject,"The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: the 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;","63,64" article15,Right of access by the data subject,"The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: the right to lodge a complaint with a supervisory authority;","63,64" article15,Right of access by the data subject,"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: where the personal data are not collected from the data subject, any available information as to their source;","63,64" article15,Right of access by the data subject,"The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: the existence of automated decision-making, including profiling, referred to in Article 22(1) and Article 22(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.","63,64" article15,Right of access by the data subject,"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 Article 46 relating to the transfer.","63,64" article15,Right of access by the data subject,"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. The right to obtain a copy shall not adversely affect the rights and freedoms of others.","63,64" article16,Right to rectification,"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.", article17,Right to erasure ('right to be forgotten'),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: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;,"65,66" article17,Right to erasure ('right to be forgotten'),"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: the data subject withdraws consent on which the processing is based on 'the data subject has given consent to the processing of his or her personal data for one or more specific purposes' (Article 6(1)-(a)) or '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 may not be lifted by the data subject' (Article 9(2)-(a)), and where there is no other legal ground for the processing;","65,66" article17,Right to erasure ('right to be forgotten'),"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: 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 Article 21(2);","65,66" article17,Right to erasure ('right to be forgotten'),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: the personal data have been unlawfully processed;,"65,66" article17,Right to erasure ('right to be forgotten'),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: 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;,"65,66" article17,Right to erasure ('right to be forgotten'),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: the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).,"65,66" article17,Right to erasure ('right to be forgotten'),"Where the controller has made the personal data public and is obliged 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.","65,66" article17,Right to erasure ('right to be forgotten'),Right to erasure ('right to be forgotten') shall not apply to the extent that processing is necessary: for exercising the right of freedom of expression and information;,"65,66" article17,Right to erasure ('right to be forgotten'),Right to erasure ('right to be forgotten') shall not apply to the extent that processing is necessary: 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;,"65,66" article17,Right to erasure ('right to be forgotten'),"Right to erasure ('right to be forgotten') shall not apply to the extent that processing is necessary: for reasons of public interest in the area of public health, e.g., 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 (Article 9(2)-(h)), or 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 (Article 9(2)-(i));","65,66" article17,Right to erasure ('right to be forgotten'),"Right to erasure ('right to be forgotten') shall not apply to the extent that processing is necessary: for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1), in so far as the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, is likely to render impossible or seriously impair the achievement of the objectives of that processing;","65,66" article17,Right to erasure ('right to be forgotten'),"Right to erasure ('right to be forgotten') shall not apply to the extent that processing is necessary: for the establishment, exercise or defence of legal claims.","65,66" article18,Right to restriction of processing,"The data subject shall have the right to obtain from the controller restriction of processing where: 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;",67 article18,Right to restriction of processing,The data subject shall have the right to obtain from the controller restriction of processing where: the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;,67 article18,Right to restriction of processing,"The data subject shall have the right to obtain from the controller restriction of processing where: 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;",67 article18,Right to restriction of processing,The data subject shall have the right to obtain from the controller restriction of processing where: 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.,67 article18,Right to restriction of processing,"Where processing has been restricted, 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.",67 article18,Right to restriction of processing,A data subject who has obtained restriction of processing shall be informed by the controller before the restriction of processing is lifted.,67 article19,Notification obligation regarding rectification or erasure of personal data or restriction of processing,"The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 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.", article20,Right to data portability,"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: the processing is based on consent pursuant to 'the data subject has given consent to the processing of his or her personal data for one or more specific purposes' (Article 6(1)-(a)) or based on consent pursuant to '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 may not be lifted by the data subject' (Article 9(2)-(a)) or on 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' (Article 6(1)-(b)); and the processing is carried out by automated means.",68 article20,Right to data portability,"In exercising his or her right to data portability, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.",68 article20,Right to data portability,The exercise of the right to data portability shall be without prejudice to Article 17. The right to data portability 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., article20,Right to data portability,The right to data portability shall not adversely affect the rights and freedoms of others.,68 article21,Right to object,"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 Article 6(1)-(e,f), 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. At the latest at the time of the first communication with the data subject, the right shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.",69 article21,Right to object,"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. At the latest at the time of the first communication with the data subject, the right shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.", article21,Right to object,"Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.",70 article21,Right to object,"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.", article21,Right to object,"Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), 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.", article22,"Automated individual decision-making, including profiling","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.","71,72" article22,"Automated individual decision-making, including profiling","The right of a data subject not to be subject to a decision based solely on automated processing, including profiling, shall not apply if the decision is necessary for entering into, or performance of, a contract between the data subject and a data controller; in this case, 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. Decisions shall not be based on special categories of personal data referred to in Article 9(1), unless 'the data subject has given explicit consent to the processing of those personal data for one or more specified purposes' or 'processing is necessary for reasons of substantial public interest' (Article 9(2)-(a,g)) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.","71,72" article22,"Automated individual decision-making, including profiling","The right of a data subject not to be subject to a decision based solely on automated processing, including profiling, shall not apply if the decision 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; Decisions shall not be based on special categories of personal data referred to in Article 9(1), unless 'the data subject has given explicit consent to the processing of those personal data for one or more specified purposes' or 'processing is necessary for reasons of substantial public interest' (Article 9(2)-(a,g)) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.","71,72" article22,"Automated individual decision-making, including profiling","The right of a data subject not to be subject to a decision based solely on automated processing, including profiling, shall not apply if the decision is based on the data subject's explicit consent; in this case, 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. Decisions shall not be based on special categories of personal data referred to in Article 9(1), unless 'the data subject has given explicit consent to the processing of those personal data for one or more specified purposes' or 'processing is necessary for reasons of substantial public interest' (Article 9(2)-(a,g)) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.","71,72" article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 national security;",73 article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 defence;",73 article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 public security;",73 article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 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;",73 article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 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;",73 article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 the protection of judicial independence and judicial proceedings;",73 article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;",73 article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases of national security, defence, public security, and in the cases of 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, in the case of prevention, investigation, detection and prosecution of breaches of ethics for regulated professions, and in the case of 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;",73 article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 the protection of the data subject or the rights and freedoms of others;",73 article23,Restrictions,"Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12-22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12-22, 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 the enforcement of civil law claims.",73 article23,Restrictions,"Any legislative measure of restrictions of the scope of the obligations and rights shall contain specific provisions at least, where relevant, as to the purposes of the processing or categories of processing; ",73 article23,Restrictions,"Any legislative measure of restrictions of the scope of the obligations and rights shall contain specific provisions at least, where relevant, as to the categories of personal data; ",73 article23,Restrictions,"Any legislative measure of restrictions of the scope of the obligations and rights shall contain specific provisions at least, where relevant, as to the scope of the restrictions introduced; ",73 article23,Restrictions,"Any legislative measure of restrictions of the scope of the obligations and rights shall contain specific provisions at least, where relevant, as to the safeguards to prevent abuse or unlawful access or transfer;",73 article23,Restrictions,"Any legislative measure of restrictions of the scope of the obligations and rights shall contain specific provisions at least, where relevant, as to the specification of the controller or categories of controllers; ",73 article23,Restrictions,"Any legislative measure of restrictions of the scope of the obligations and rights shall contain specific provisions at least, where relevant, as to the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing; ",73 article23,Restrictions,"Any legislative measure of restrictions of the scope of the obligations and rights shall contain specific provisions at least, where relevant, as to the risks to the rights and freedoms of data subjects; ",73 article23,Restrictions,"Any legislative measure of restrictions of the scope of the obligations and rights shall contain specific provisions at least, where relevant, as to the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.",73 article24,Subject-matter and objectives,"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. Where proportionate in relation to processing activities, the technical and organisational measures by the controller shall include the implementation of appropriate data protection policies by the controller.","74,76,77,83" article24,Subject-matter and objectives,Adherence to approved codes of conduct as referred to in Article 40 or approved certification mechanisms as referred to in Article 42 may be used as an element by which to demonstrate compliance with the obligations of the controller.,"74,76,77,83" article25,Data protection by design and by default,"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.",78 article25,Data protection by design and by default,"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.",78 article25,Data protection by design and by default,An approved certification mechanism pursuant to Article 42 may be used as an element to demonstrate compliance with the requirements concerning data protection by design and by default.,78 article26,Joint controllers,"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 Article 13 and Article 14, 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. The arrangement shall duly reflect the respective roles and relationships of the joint controllers vis-à-vis the data subjects. The essence of the arrangement shall be made available to the data subject.",79 article26,Joint controllers,The data subject may exercise his or her rights under this Regulation in respect of and against each of the controllers.,79 article27,Representatives of controllers or processors not established in the Union,"Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union. This obligation shall not apply to processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) or processing of personal data relating to criminal convictions and offences referred to in Article 10, 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;",80 article27,Representatives of controllers or processors not established in the Union,"Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union. This obligation shall not apply to a public authority or body.",80 article27,Representatives of controllers or processors not established in the Union,"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.",80 article27,Representatives of controllers or processors not established in the Union,"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.",80 article27,Representatives of controllers or processors not established in the Union,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.,80 article28,Processor,"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. Adherence of a processor to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which to demonstrate sufficient guarantees.",81 article28,Processor,"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.",81 article28,Processor,"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: 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;",81 article28,Processor,"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: ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;",81 article28,Processor,"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: takes all measures required pursuant to Article 32;",81 article28,Processor,"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 respects the condition that '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';",81 article28,Processor,"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 respects the condition that '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 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.';",81 article28,Processor,"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: 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 'Rights of the data subject';",81 article28,Processor,"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: assists the controller in ensuring compliance with the obligations pursuant to Articles 32-36 taking into account the nature of processing and the information available to the processor;",81 article28,Processor,"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: 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;",81 article28,Processor,"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: makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller. 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.",81 article28,Processor,"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 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. Adherence of a processor to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which to demonstrate sufficient guarantees",81 article28,Processor,"Without prejudice to an individual contract between the controller and the processor, the contract or the other legal act 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, may be based, in whole or in part, on standard contractual clauses of the Commision in accordance with the examination procedure referred to in Article 93(2), and on standard contractual clauses of a supervisory authority in accordance with the consistency mechanism referred to in Article 63, including when they are part of a certification granted to the controller or processor pursuant to Article 42 and Article 43.",81 article28,Processor,"The contract or the other legal act 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 shall be in writing, including in electronic form.",81 article28,Processor,"Without prejudice to Articles 82-84, 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.",81 article29,Processing under the authority of the controller or processor,"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.", article30,Records of processing activities,"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: the name and contact details of the controller and, where applicable, the joint controller, the controller's representative and the data protection officer;","13,39,82" article30,Records of processing activities,"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: the purposes of the processing; ","13,39,82" article30,Records of processing activities,"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: a description of the categories of data subjects and of the categories of personal data; ","13,39,82" article30,Records of processing activities,"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: the categories of recipients to whom the personal data have been or will be disclosed including recipients in third countries or international organisations; ","13,39,82" article30,Records of processing activities,"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: 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 Article 49(1), the documentation of suitable safeguards; ","13,39,82" article30,Records of processing activities,"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: where possible, the envisaged time limits for erasure of the different categories of data; ","13,39,82" article30,Records of processing activities,"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: where possible, a general description of the technical and organisational security measures referred to in Article 32(1). ","13,39,82" article30,Records of processing activities,"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: 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;","13,39,82" article30,Records of processing activities,"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: the categories of processing carried out on behalf of each controller;","13,39,82" article30,Records of processing activities,"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: 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 Article 49(1), the documentation of suitable safeguards;","13,39,82" article30,Records of processing activities,"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: where possible, a general description of the technical and organisational security measures referred to in Article 32(1).","13,39,82" article30,Records of processing activities,"The records of processing activities shall be in writing, including in electronic form.","13,39,82" article30,Records of processing activities,"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.","13,39,82" article30,Records of processing activities,"The obligations concerning records of processing activities 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 Article 9(1) or personal data relating to criminal convictions and offences referred to in Article 10.","13,39,82" article31,Cooperation with the supervisory authority,"The controller and the processor and, where applicable, their representatives, shall cooperate, on request, with the supervisory authority in the performance of its tasks.", article32,Security of processing,"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: the pseudonymisation and encryption of personal data; compliance with this requirement may be demonstrated based on adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42. ","83,74,85,76,77" article32,Security of processing,"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: the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; compliance with this requirement may be demonstrated based on adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42.","83,74,85,76,77" article32,Security of processing,"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: the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; compliance with this requirement may be demonstrated based on adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42.","83,74,85,76,77" article32,Security of processing,"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: a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing; compliance with this requirement may be demonstrated based on adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42.","83,74,85,76,77" article32,Security of processing,"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.","83,74,85,76,77 " article32,Security of processing,"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.","83,74,85,76,77 " article33,Notification of a personal data breach to the supervisory authority,"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.","85,87,88" article33,Notification of a personal data breach to the supervisory authority,The processor shall notify the controller without undue delay after becoming aware of a personal data breach.,"85,87,88" article33,Notification of a personal data breach to the supervisory authority,"The notification of a personal data breach to the supervisory authority shall at least 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;","85,87,88" article33,Notification of a personal data breach to the supervisory authority,The notification of a personal data breach to the supervisory authority shall at least communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;,"85,87,88" article33,Notification of a personal data breach to the supervisory authority,The notification of a personal data breach to the supervisory authority shall at least describe the likely consequences of the personal data breach;,"85,87,88" article33,Notification of a personal data breach to the supervisory authority,"The notification of a personal data breach to the supervisory authority shall at least 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.","85,87,88" article33,Notification of a personal data breach to the supervisory authority,"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.","85,87,88" article33,Notification of a personal data breach to the supervisory authority,"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 dispositions concerning notification of a personal data breach to the supervisory authority.","85,87,88" article34,Communication of a personal data breach to the data subject,"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. The communication to the data subject shall describe in clear and plain language the nature of the personal data breach and contain at least the name and contact details of the data protection officer or other contact point where more information can be obtained, the likely consequences of the personal data breach, and 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 (Article 33(3)-(b,c,d)).","85,86,87,88" article34,Communication of a personal data breach to the data subject,"The communication of a personal data breach to the data subject shall not be required if any of the following conditions are met: 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;","85,86,87,88" article34,Communication of a personal data breach to the data subject,The communication of a personal data breach to the data subject shall not be required if any of the following conditions are met: the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects is no longer likely to materialise;,"85,86,87,88" article34,Communication of a personal data breach to the data subject,"The communication of a personal data breach to the data subject shall not be required if any of the following conditions are met: 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.","85,86,87,88" article34,Communication of a personal data breach to the data subject,"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 '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'.","85,86,87,88" article34,Communication of a personal data breach to the data subject,"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 'the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects is no longer likely to materialise'.","85,86,87,88" article34,Communication of a personal data breach to the data subject,"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 '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'.","85,86,87,88" article35,Data protection impact assessment,"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.","85,84,89,90,91,92,93" article35,Data protection impact assessment,"The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment.","85,84,89,90,91,92,93" article35,Data protection impact assessment,"A data protection impact assessment shall in particular be required in the case of: 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; ","85,84,89,90,91,92,93" article35,Data protection impact assessment,"A data protection impact assessment shall in particular be required in the case of: processing on a large scale of special categories of data referred to in Article 9(1), or of personal data relating to criminal convictions and offences referred to in Article 10; ","85,84,89,90,91,92,93" article35,Data protection impact assessment,A data protection impact assessment shall in particular be required in the case of: a systematic monitoring of a publicly accessible area on a large scale. ,"85,84,89,90,91,92,93" article35,Data protection impact assessment,"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. The supervisory authority shall communicate those lists to the Board referred to in Article 68. Prior to the adoption of the lists, the competent supervisory authority shall apply the consistency mechanism referred to in Article 63 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.","85,84,89,90,91,92,93" article35,Data protection impact assessment,"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. Prior to the adoption of the lists, the competent supervisory authority shall apply the consistency mechanism referred to in Article 63 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.","85,84,89,90,91,92,93" article35,Data protection impact assessment,"A data protection impact assessment shall contain at least: a systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller; an assessment of the necessity and proportionality of the processing operations in relation to the purposes; an assessment of the risks to the rights and freedoms of data subjects; and 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.","85,84,89,90,91,92,93" article35,Data protection impact assessment,"Compliance with approved codes of conduct referred to in Article 40 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. ","85,84,89,90,91,92,93" article35,Data protection impact assessment,"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. ","85,84,89,90,91,92,93" article35,Data protection impact assessment,"Where processing is necessary for compliance with a legal obligation to which the controller is subject, where 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 (Article 6(1)-(c,e)) 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, Article 35(1)-35(7) shall not apply unless Member States deem it to be necessary to carry out such an assessment prior to processing activities. ","85,84,89,90,91,92,93" article35,Data protection impact assessment,"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. ","85,84,89,90,91,92,93" article36,Prior consultation,"The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. Notwithstanding, 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.","94,95,96" article36,Prior consultation,"Where the supervisory authority is of the opinion that the intended processing 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 Article 58. 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.","94,95,96" article36,Prior consultation,"When consulting the supervisory authority, the controller shall provide the supervisory authority with: 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; the purposes and means of the intended processing; the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to this Regulation; where applicable, the contact details of the data protection officer; the data protection impact assessment provided for in Article 35; and any other information requested by the supervisory authority.","94,95,96" article36,Prior consultation,"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.","94,95,96" article37,Designation of the data protection officer,"The controller and the processor shall designate a data protection officer in any case where: the processing is carried out by a public authority or body, except for courts acting in their judicial capacity;",97 article37,Designation of the data protection officer,"The controller and the processor shall designate a data protection officer in any case where: 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;",97 article37,Designation of the data protection officer,The controller and the processor shall designate a data protection officer in any case where: the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 or personal data relating to criminal convictions and offences referred to in Article 10.,97 article37,Designation of the data protection officer,A group of undertakings may appoint a single data protection officer provided that a data protection officer is easily accessible from each establishment.,97 article37,Designation of the data protection officer,"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. ",97 article37,Designation of the data protection officer,"In cases other than those referred to Article 37(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. ",97 article37,Designation of the data protection officer,"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 Article 39. ",97 article37,Designation of the data protection officer,"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. ",97 article37,Designation of the data protection officer,The controller or the processor shall publish the contact details of the data protection officer and communicate them to the supervisory authority. ,97 article38,Position of the data protection officer,"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.",97 article38,Position of the data protection officer,"The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 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.",97 article38,Position of the data protection officer,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.,97 article38,Position of the data protection officer,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.,97 article38,Position of the data protection officer,"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.",97 article38,Position of the data protection officer,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.,97 article39,Tasks of the data protection officer,The data protection officer shall have at least the following tasks: to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions;, article39,Tasks of the data protection officer,"The data protection officer shall have at least the following tasks: 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;", article39,Tasks of the data protection officer,The data protection officer shall have at least the following tasks: to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35;, article39,Tasks of the data protection officer,The data protection officer shall have at least the following tasks: to cooperate with the supervisory authority;, article39,Tasks of the data protection officer,"The data protection officer shall have at least the following tasks: to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter.", article39,Tasks of the data protection officer,"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.", article40,Codes of conduct,"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.","98,99" article40,Codes of conduct,"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: fair and transparent processing;","89,90,98,99" article40,Codes of conduct,"Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the legitimate interests pursued by controllers in specific contexts; ","89,90,98,99" article40,Codes of conduct,"Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the collection of personal data; ","89,90,98,99" article40,Codes of conduct,"Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the pseudonymisation of personal data; ","89,90,98,99" article40,Codes of conduct,"Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the information provided to the public and to data subjects; ","89,90,98,99" article40,Codes of conduct,"Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the exercise of the rights of data subjects; ","89,90,98,99" article40,Codes of conduct,"Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the 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; ","89,90,98,99" article40,Codes of conduct,"Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the measures and procedures referred to in Article 24 and Article 25 and the measures to ensure security of processing referred to in Article 32; ","89,90,98,99" article40,Codes of conduct,"Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the notification of personal data breaches to supervisory authorities and the communication of such personal data breaches to data subjects; ","89,90,98,99" article40,Codes of conduct,"Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the transfer of personal data to third countries or international organisations; ","89,90,98,99" article40,Codes of conduct,"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: 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 77-79. ","89,90,98,99" article40,Codes of conduct,"In addition to adherence by controllers or processors subject to this Regulation, codes of conduct approved pursuant to Article 40(5) and having general validity pursuant to Article 40(9) may also be adhered to by controllers or processors that are not subject to this Regulation pursuant to Article 3 in order to provide appropriate safeguards within the framework of personal data transfers to third countries or international organisations under the terms referred to 'an approved code of conduct pursuant to Article 40 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects' rights' (Article 46(2)-(e)). 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.","98,99" article40,Codes of conduct,"A code of conduct referred to in Article 40(2) shall contain mechanisms which enable the body referred to in Article 41(1) 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 Article 55 or Article 56.","98,99" article40,Codes of conduct,"Associations and other bodies referred to in Article 40(2) 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 Article 55. 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. ","98,99" article40,Codes of conduct,"Where the draft code, or amendment or extension is approved in accordance with Article 40(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. ","98,99" article40,Codes of conduct,"Where a draft code of conduct relates to processing activities in several Member States, the supervisory authority which is competent pursuant to Article 55 shall, before approving the draft code, amendment or extension, submit it in the procedure referred to in Article 63 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 Article 40(3), provides appropriate safeguards. ","98,99" article40,Codes of conduct,"Where the opinion referred to in Article 40(7) confirms that the draft code, amendment or extension complies with this Regulation, or, in the situation referred to in Article 40(3), provides appropriate safeguards, the Board shall submit its opinion to the Commission. ","98,99" article40,Codes of conduct,"The Commission may, by way of implementing acts, decide that the approved code of conduct, amendment or extension submitted to it pursuant to Article 40(8) have general validity within the Union. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2). ","98,99" article40,Codes of conduct,The Commission shall ensure appropriate publicity for the approved codes which have been decided as having general validity in accordance with Article 40(9).,"98,99" article40,Codes of conduct,"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. ","98,99" article41,Monitoring of approved codes of conduct,"Without prejudice to the tasks and powers of the competent supervisory authority under Article 57 and Article 58, the monitoring of compliance with a code of conduct pursuant to Article 40 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited for that purpose by the competent supervisory authority.", article41,Monitoring of approved codes of conduct,A body with an appropriate level of expertise in relation to the subject-matter of the code may be accredited to monitor compliance with a code of conduct where that body has: demonstrated its independence and expertise in relation to the subject-matter of the code to the satisfaction of the competent supervisory authority;, article41,Monitoring of approved codes of conduct,"A body with an appropriate level of expertise in relation to the subject-matter of the code may be accredited to monitor compliance with a code of conduct where that body has: 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;", article41,Monitoring of approved codes of conduct,"A body with an appropriate level of expertise in relation to the subject-matter of the code may be accredited to monitor compliance with a code of conduct where that body has: 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;", article41,Monitoring of approved codes of conduct,A body with an appropriate level of expertise in relation to the subject-matter of the code may be accredited to monitor compliance with a code of conduct where that body has: demonstrated to the satisfaction of the competent supervisory authority that its tasks and duties do not result in a conflict of interests., article41,Monitoring of approved codes of conduct,"The competent supervisory authority shall submit the draft requirements for accreditation of a body with an appropriate level of expertise in relation to the subject-matter of the code, to the Board pursuant to the consistency mechanism referred to in Article 63.", article41,Monitoring of approved codes of conduct,"Without prejudice to the tasks and powers of the competent supervisory authority and the provisions of Chapter VIII 'Remedies, liability and penalties', a body with an appropriate level of expertise in relation to the subject-matter of the code, and subject to appropriate safeguards, shall 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.", article41,Monitoring of approved codes of conduct,"The competent supervisory authority shall revoke the accreditation of a body with an appropriate level of expertise in relation to the subject-matter of the code, if the requirements for accreditation are not, or are no longer, met or where actions taken by the body infringe this Regulation", article41,Monitoring of approved codes of conduct,Article 41 shall not apply to processing carried out by public authorities and bodies., article42,Certification,"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.",100 article42,Certification,A certification for data protection shall be voluntary and available via a process that is transparent.,100 article42,Certification,A certification for data protection 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 Article 55 or Article 56.,100 article42,Certification,"A certification for data protection shall be issued by the certification bodies referred to in Article 43 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 Article 63. Where the criteria are approved by the Board, this may result in a common certification, the European Data Protection Seal. In addition to adherence by controllers or processors subject to this Regulation, data protection certification mechanisms, seals or marks approved 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 Article 46(2). 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.",100 article42,Certification,"The controller or processor which submits its processing to the certification mechanism shall provide the certification body referred to in Article 43, or where applicable, the competent supervisory authority, with all information and access to its processing activities which are necessary to conduct the certification procedure.",100 article42,Certification,"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 criteria continue to be met. Certification shall be withdrawn, as applicable, by the certification bodies referred to in Article 43 or by the competent supervisory authority where the criteria for the certification are not or are no longer met.",100 article42,Certification,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.,100 article43,Certification bodies,"Without prejudice to the tasks and powers of the competent supervisory authority under Article 57 and Article 58, 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 'withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Article 42 and Article 43, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met' (Article 58(2)-(h)) where necessary, issue and renew certification. Member States shall ensure that those certification bodies are accredited by the supervisory authority which is competent pursuant to Article 55 or Article 56;",100 article43,Certification bodies,"Without prejudice to the tasks and powers of the competent supervisory authority under Article 57 and Article 58, 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 'withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Article 42 and Article 43, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met' (Article 58(2)-(h)) where necessary, issue and renew certification. Member States shall ensure that those certification bodies are accredited by the national accreditation body named in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council in accordance with EN-ISO/IEC 17065/2012 and with the additional requirements established by the supervisory authority which is competent pursuant to Article 55 or Article 56.",100 article43,Certification bodies,Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have: demonstrated their independence and expertise in relation to the subject-matter of the certification to the satisfaction of the competent supervisory authority;,100 article43,Certification bodies,Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have: undertaken to respect the criteria referred to in Article 42(5) and approved by the supervisory authority which is competent pursuant to Article 55 or Article 56 or by the Board pursuant to Article 63;,100 article43,Certification bodies,"Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have: established procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks;",100 article43,Certification bodies,"Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have: 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;",100 article43,Certification bodies,"Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have: demonstrated, to the satisfaction of the competent supervisory authority, that their tasks and duties do not result in a conflict of interests.",100 article43,Certification bodies,"The accreditation of certification bodies shall take place on the basis of requirements approved by the supervisory authority which is competent pursuant to Article 55 or Article 56 or by the Board pursuant to Article 63. In this case of accreditation, 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. These requirements, as well as the criteria referred to in Article 42(5), 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.",100 article43,Certification bodies,The certification bodies 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 Article 43.,100 article43,Certification bodies,The certification bodies shall provide the competent supervisory authorities with the reasons for granting or withdrawing the requested certification.,100 article43,Certification bodies,"Without prejudice to Chapter VIII 'Remedies, liability and penalties', the competent supervisory authority or the national accreditation body shall revoke an accreditation of a certification body where the conditions for the accreditation are not, or are no longer, met or where actions taken by a certification body infringe this Regulation.",100 article43,Certification bodies,The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of specifying the requirements to be taken into account for the data protection certification mechanisms referred to in Article 42(1).,100 article43,Certification bodies,"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 Article 93(2).",100 article44,General principle for transfers,"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 Chapter V 'Transfers of personal data to third countries or international organisations' 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 Chapter V 'Transfers of personal data to third countries or international organisations' shall be applied in order to ensure that the level of protection of natural persons guaranteed by this Regulation is not undermined.","101,102" article45,Transfers on the basis of an adequacy decision,"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.",103 article45,Transfers on the basis of an adequacy decision,"When assessing the adequacy of the level of protection, the Commission shall, in particular, take account of the following elements: 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;","104,105" article45,Transfers on the basis of an adequacy decision,"When assessing the adequacy of the level of protection, the Commission shall, in particular, take account of the following elements: 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;","104,105" article45,Transfers on the basis of an adequacy decision,"When assessing the adequacy of the level of protection, the Commission shall, in particular, take account of the following elements: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.","104,105" article45,Transfers on the basis of an adequacy decision,"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 Article 45(2). 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 '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' (Article 45(2)-(b)). The implementing act shall be adopted in accordance with the examination procedure referred to in Article 93(2).", article45,Transfers on the basis of an adequacy decision,"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 Article 45(3) and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC.",106 article45,Transfers on the basis of an adequacy decision,"The Commission shall, where available information reveals, in particular following the review referred to in Article 45(3), 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 Article 45(2), to the extent necessary, repeal, amend or suspend the decision referred to in Article 45(3) by means of implementing acts without retro-active effect. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2). On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 93(3).", article45,Transfers on the basis of an adequacy decision,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 Article 45(5).,107 article45,Transfers on the basis of an adequacy decision,"A decision pursuant to Article 45(5) 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 46-49.", article45,Transfers on the basis of an adequacy decision,"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.", article45,Transfers on the basis of an adequacy decision,"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 Article 45(3) or Article 45(5).", article46,Transfers subject to appropriate safeguards,"In the absence of a decision pursuant to Article 45(3), 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.", article46,Transfers subject to appropriate safeguards,"The appropriate safeguards provided by the controller or processor may be provided for, without requiring any specific authorisation from a supervisory authority, by: a legally binding and enforceable instrument between public authorities or bodies;","108,109" article46,Transfers subject to appropriate safeguards,"The appropriate safeguards provided by the controller or processor may be provided for, without requiring any specific authorisation from a supervisory authority, by: binding corporate rules in accordance with Article 47;","108,109" article46,Transfers subject to appropriate safeguards,"The appropriate safeguards provided by the controller or processor may be provided for, without requiring any specific authorisation from a supervisory authority, by: standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2);","108,109" article46,Transfers subject to appropriate safeguards,"The appropriate safeguards provided by the controller or processor may be provided for, without requiring any specific authorisation from a supervisory authority, by: standard data protection clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2);","108,109" article46,Transfers subject to appropriate safeguards,"The appropriate safeguards provided by the controller or processor may be provided for, without requiring any specific authorisation from a supervisory authority, by: an approved code of conduct pursuant to Article 40 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects' rights;","108,109" article46,Transfers subject to appropriate safeguards,"The appropriate safeguards provided by the controller or processor may be provided for, without requiring any specific authorisation from a supervisory authority, by: an approved certification mechanism pursuant to Article 42 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.","108,109" article46,Transfers subject to appropriate safeguards,"Subject to the authorisation from the competent supervisory authority, the appropriate safeguards may also be provided for, in particular, by: 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. The supervisory authority shall apply the consistency mechanism referred to in Article 63.", article46,Transfers subject to appropriate safeguards,"Subject to the authorisation from the competent supervisory authority, the appropriate safeguards may also be provided for, in particular, by: provisions to be inserted into administrative arrangements between public authorities or bodies which include enforceable and effective data subject rights. The supervisory authority shall apply the consistency mechanism referred to in Article 63.", article46,Transfers subject to appropriate safeguards,"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 Article 46(2).", article47,Binding corporate rules,"The competent supervisory authority shall approve binding corporate rules in accordance with the consistency mechanism set out in Article 63, provided that they 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;",110 article47,Binding corporate rules,"The competent supervisory authority shall approve binding corporate rules in accordance with the consistency mechanism set out in Article 63, provided that they expressly confer enforceable rights on data subjects with regard to the processing of their personal data;",110 article47,Binding corporate rules,"The competent supervisory authority shall approve binding corporate rules in accordance with the consistency mechanism set out in Article 63, provided that they fulfil the requirements laid down in Article 47(2).",110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: 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;",110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: 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;",110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: their legally binding nature, both internally and externally;",110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: 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;",110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: 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 Article 22, the right to lodge a complaint with the competent supervisory authority and before the competent courts of the Member States in accordance with Article 79, and to obtain redress and, where appropriate, compensation for a breach of the binding corporate rules;",110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: 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;",110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: how the information on the binding corporate rules, in particular on the provisions referred to in Article 47(2)-(d,e,f) is provided to the data subjects in addition to Article 13 and Article 14;",110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: the tasks of any data protection officer designated in accordance with Article 37 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;",110 article47,Binding corporate rules,The binding corporate rules shall specify at least: the complaint procedures;,110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: 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 'the data protection officer designated in accordance with Article 37 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'; and, results of such verification should be communicated 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;",110 article47,Binding corporate rules,The binding corporate rules shall specify at least: the mechanisms for reporting and recording changes to the rules and reporting those changes to the supervisory authority;,110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: 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 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;",110 article47,Binding corporate rules,"The binding corporate rules shall specify at least: 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; ",110 article47,Binding corporate rules,The binding corporate rules shall specify at least: the appropriate data protection training to personnel having permanent or regular access to personal data.,110 article47,Binding corporate rules,"The Commission may specify the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2).",110 article48,Transfers or disclosures not authorised by Union law,"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 Chapter V 'Transfers of personal data to third countries or international organisations'.", article49,Derogations for specific situations,"In the absence of an adequacy decision pursuant to Article 45(3), 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: 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; This shall not apply to activities carried out by public authorities in the exercise of their public powers.","111,112,113,114,115" article49,Derogations for specific situations,"In the absence of an adequacy decision pursuant to Article 45(3), 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: 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; This shall not apply to activities carried out by public authorities in the exercise of their public powers.","111,112,113,114,115" article49,Derogations for specific situations,"In the absence of an adequacy decision pursuant to Article 45(3), 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: 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; This shall not apply to activities carried out by public authorities in the exercise of their public powers.","111,112,113,114,115" article49,Derogations for specific situations,"In the absence of an adequacy decision pursuant to Article 45(3), 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: the transfer is necessary for important reasons of public interest; this public interest shall be recognised in Union law or in the law of the Member State to which the controller is subject;","111,112,113,114,115" article49,Derogations for specific situations,"In the absence of an adequacy decision pursuant to Article 45(3), 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: the transfer is necessary for the establishment, exercise or defence of legal claims;","111,112,113,114,115" article49,Derogations for specific situations,"In the absence of an adequacy decision pursuant to Article 45(3), 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: 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;","111,112,113,114,115" article49,Derogations for specific situations,"In the absence of an adequacy decision pursuant to Article 45(3), 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: 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.","111,112,113,114,115" article49,Derogations for specific situations,"Where a transfer could not be based on a provision in Article 45 or Article 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 Article 13 and Article 14, inform the data subject of the transfer and on the compelling legitimate interests pursued. This shall not apply to activities carried out by public authorities in the exercise of their public powers. The controller or processor shall document the assessment as well as the suitable safeguards in the records referred to in Article 30.","111,112,113,114,115" article49,Derogations for specific situations," A transfer pursuant to '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' 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.","111,112,113,114,115" article49,Derogations for specific situations,"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.","111,112,113,114,115 " article50,International cooperation for the protection of personal data,"In relation to third countries and international organisations, the Commission and supervisory authorities shall take appropriate steps to: develop international cooperation mechanisms to facilitate the effective enforcement of legislation for the protection of personal data;",116 article50,International cooperation for the protection of personal data,"In relation to third countries and international organisations, the Commission and supervisory authorities shall take appropriate steps to: 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;",116 article50,International cooperation for the protection of personal data,"In relation to third countries and international organisations, the Commission and supervisory authorities shall take appropriate steps to: engage relevant stakeholders in discussion and activities aimed at furthering international cooperation in the enforcement of legislation for the protection of personal data;",116 article50,International cooperation for the protection of personal data,"In relation to third countries and international organisations, the Commission and supervisory authorities shall take appropriate steps to: promote the exchange and documentation of personal data protection legislation and practice, including on jurisdictional conflicts with third countries.",116 article51,Supervisory authority,"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').",117 article51,Supervisory authority,"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 'Cooperation and consistency'.", article51,Supervisory authority,"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 Article 63.",119 article51,Supervisory authority,"Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to Chapter VI 'Independent supervisory authorities', by 25 May 2018 and, without delay, any subsequent amendment affecting them.", article52,Independence,Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation.,"118,120,121" article52,Independence,"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.","118,120,121" article52,Independence,"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.","118,120,121" article52,Independence,"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.","118,120,121" article52,Independence,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.,"118,120,121" article52,Independence,"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.","118,120,121" article53,General conditions for the members of the supervisory authority,"Member States shall provide for each member of their supervisory authorities to be appointed by means of a transparent procedure by their parliament, their government, their head of State, or an independent body entrusted with the appointment under Member State law.",121 article53,General conditions for the members of the supervisory authority,"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.",121 article53,General conditions for the members of the supervisory authority,"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.",121 article53,General conditions for the members of the supervisory authority,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.,121 article54,Rules on the establishment of the supervisory authority,"Each Member State shall provide by law for all of the following: the establishment of each supervisory authority; the qualifications and eligibility conditions required to be appointed as member of each supervisory authority; the rules and procedures for the appointment of the member or members of each supervisory authority; 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; whether and, if so, for how many terms the member or members of each supervisory authority is eligible for reappointment; 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.",121 article54,Rules on the establishment of the supervisory authority,"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.",121 article55,Competence,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.,122 article55,Competence,"Where processing is carried out by public authorities or private bodies acting on the basis of 'compliance with a legal obligation to which the controller is subject', or on the basis of 'the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller' (Article 6(1)-(c,e)), the supervisory authority of the Member State concerned shall be competent. In such cases Article 56 does not apply.",122 article55,Competence,Supervisory authorities shall not be competent to supervise processing operations of courts acting in their judicial capacity.,122 article56,Competence of the lead supervisory authority,"Without prejudice to Article 55, 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 Article 60. By derogation from thid, 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; in such cases, 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 Article 60, 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.","36,124,125" article56,Competence of the lead supervisory authority,"Where the lead supervisory authority decides to handle the case, the procedure provided in Article 60 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).","36,124,125" article56,Competence of the lead supervisory authority,"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 Article 61 and Article 62.","36,124,125" article56,Competence of the lead supervisory authority,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.,"36,124,125" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: monitor and enforce the application of this Regulation;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: 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;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: 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;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: promote the awareness of controllers and processors of their obligations under this Regulation;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: 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;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80, 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;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: 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;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: conduct investigations on the application of this Regulation, including on the basis of information received from another supervisory authority or other public authority;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: 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;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: adopt standard contractual clauses referred to in Article 28(8) and in 'standard data protection clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2)' (Article 46(2)-(d));","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4);","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: give advice on the processing operations referred to in Article 36(2);","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: 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 Article 40(5);","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: 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);","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: draft and publish the requirements for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: authorise contractual clauses and provisions referred to in Article 46(3);","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: approve binding corporate rules pursuant to Article 47;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: contribute to the activities of the Board;","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2);","123,132" article57,Tasks,"Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: fulfil any other tasks related to the protection of personal data.","123,132" article57,Tasks,"Each supervisory authority shall facilitate the submission of complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80, by measures such as a complaint submission form which can also be completed electronically, without excluding other means of communication.","123,132" article57,Tasks,"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.","123,132" article57,Tasks,"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.","123,132" article58,Powers,"Each supervisory authority shall have all of the following investigative powers: 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;",129 article58,Powers,Each supervisory authority shall have all of the following investigative powers: to carry out investigations in the form of data protection audits;,129 article58,Powers,Each supervisory authority shall have all of the following investigative powers: to carry out a review on certifications issued pursuant to Article 42(7);,129 article58,Powers,Each supervisory authority shall have all of the following investigative powers: to notify the controller or the processor of an alleged infringement of this Regulation;,129 article58,Powers,"Each supervisory authority shall have all of the following investigative powers: to obtain, from the controller and the processor, access to all personal data and to all information necessary for the performance of its tasks;",129 article58,Powers,"Each supervisory authority shall have all of the following investigative powers: 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.",129 article58,Powers,Each supervisory authority shall have all of the following corrective powers: to issue warnings to a controller or processor that intended processing operations are likely to infringe provisions of this Regulation;,129 article58,Powers,Each supervisory authority shall have all of the following corrective powers: to issue reprimands to a controller or a processor where processing operations have infringed provisions of this Regulation;,129 article58,Powers,Each supervisory authority shall have all of the following corrective powers: 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;,129 article58,Powers,"Each supervisory authority shall have all of the following corrective powers: 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;",129 article58,Powers,Each supervisory authority shall have all of the following corrective powers: to order the controller to communicate a personal data breach to the data subject;,129 article58,Powers,Each supervisory authority shall have all of the following corrective powers: to impose a temporary or definitive limitation including a ban on processing;,129 article58,Powers,Each supervisory authority shall have all of the following corrective powers: to order the rectification or erasure of personal data or restriction of processing pursuant to Articles 16-18 and the notification of such actions to recipients to whom the personal data have been disclosed pursuant to Article 17(2) and Article 19;,129 article58,Powers,"Each supervisory authority shall have all of the following corrective powers: to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Article 42 and Article 43, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met;",129 article58,Powers,"Each supervisory authority shall have all of the following corrective powers: to impose an administrative fine pursuant to Article 83, in addition to, or instead of corrective measures, depending on the circumstances of each individual case;",129 article58,Powers,Each supervisory authority shall have all of the following corrective powers: to order the suspension of data flows to a recipient in a third country or to an international organisation.,129 article58,Powers,Each supervisory authority shall have all of the following authorisation and advisory powers: to advise the controller in accordance with the prior consultation procedure referred to in Article 36;,129 article58,Powers,"Each supervisory authority shall have all of the following authorisation and advisory powers: 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;",129 article58,Powers,"Each supervisory authority shall have all of the following authorisation and advisory powers: to authorise processing referred to in Article 36(5), if the law of the Member State requires such prior authorisation;",129 article58,Powers,Each supervisory authority shall have all of the following authorisation and advisory powers: to issue an opinion and approve draft codes of conduct pursuant to Article 40(5);,129 article58,Powers,Each supervisory authority shall have all of the following authorisation and advisory powers: to accredit certification bodies pursuant to Article 43;,129 article58,Powers,Each supervisory authority shall have all of the following authorisation and advisory powers: to issue certifications and approve criteria of certification in accordance with Article 42(5);,129 article58,Powers,Each supervisory authority shall have all of the following authorisation and advisory powers: to adopt standard data protection clauses referred to in Article 28(8) and data protection clauses 'adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2)' (Article 46(2)-(d));,129 article58,Powers,"Each supervisory authority shall have all of the following authorisation and advisory powers: to authorise 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' (Article 46(3)-(a));",129 article58,Powers,Each supervisory authority shall have all of the following authorisation and advisory powers: to authorise administrative arrangements referred to 'between public authorities or bodies which include enforceable and effective data subject rights' (Article 46(3)-(b));,129 article58,Powers,Each supervisory authority shall have all of the following authorisation and advisory powers: to approve binding corporate rules pursuant to Article 47.,129 article58,Powers,"The exercise of the powers conferred on the supervisory authority 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.",129 article58,Powers,"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.",129 article58,Powers,Each Member State may provide by law that its supervisory authority shall have additional powers to those referred to in Article 58(1)-58(3). The exercise of those powers shall not impair the effective operation of Chapter VII 'Cooperation and consistency'.,129 article59,Activity reports,"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 Article 58(2). 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.", article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,The lead supervisory authority shall cooperate with the other supervisory authorities concerned in accordance with Article 60 in an endeavour to reach consensus. The lead supervisory authority and the supervisory authorities concerned shall exchange all relevant information with each other.,"124,125,126,127,128,130,131" article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"The lead supervisory authority may request at any time other supervisory authorities concerned to provide mutual assistance pursuant to Article 61 and may conduct joint operations pursuant to Article 62, in particular for carrying out investigations or for monitoring the implementation of a measure concerning a controller or processor established in another Member State.","124,125,126,127,128,130,131" article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"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.","124,125,126,127,128,130,131" article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"Where any of the other supervisory authorities concerned within a period of four weeks after having been consulted in accordance with Article 60(3), 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 Article 63.","124,125,126,127,128,130,131" article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"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 Article 60(4) within a period of two weeks.","124,125,126,127,128,130,131" article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"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 Article 60(4) and Article 60(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.","124,125,126,127,128,130,131" article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"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. By derogation, 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.","124,125,126,127,128,130,131" article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"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.","124,125,126,127,128,130,131" article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"After being notified of the decision of the lead supervisory authority pursuant to Article 60(7) and Article 60(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.","124,125,126,127,128,130,131" article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"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 Article 66 shall apply.","124,125,126,127,128,130,131 " article60,Cooperation between the lead supervisory authority and the other supervisory authorities concerned,"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.","124,125,126,127,128,130,131" article61,Mutual assistance,"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.",133 article61,Mutual assistance,"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.",133 article61,Mutual assistance,"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.",133 article61,Mutual assistance,The requested supervisory authority shall not refuse to comply with the request unless: it is not competent for the subject-matter of the request or for the measures it is requested to execute;,133 article61,Mutual assistance,The requested supervisory authority shall not refuse to comply with the request unless: compliance with the request would infringe this Regulation or Union or Member State law to which the supervisory authority receiving the request is subject.,133 article61,Mutual assistance,"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 Article 61(4).",133 article61,Mutual assistance,"Requested supervisory authorities shall, as a rule, supply the information requested by other supervisory authorities by electronic means, using a standardised format.",133 article61,Mutual assistance,Requested supervisory authorities shall not chrge 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.,133 article61,Mutual assistance,"Where a supervisory authority does not provide the information referred to in Article 61(5) 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 Article 66(1) shall be presumed to be met and require an urgent binding decision from the Board pursuant to Article 66(2).",133 article61,Mutual assistance,"The Commission may, by means of implementing acts, specify the format and procedures for mutual assistance and the arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board, in particular using a standardised format. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).",133 article62,Joint operations of supervisory authorities,"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. Where, in accordance with this, 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.",134 article62,Joint operations of supervisory authorities,"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 Article 56(1) or Article 56(4) 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.",134 article62,Joint operations of supervisory authorities,"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.",134 article62,Joint operations of supervisory authorities,"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.",134 article62,Joint operations of supervisory authorities,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.,134 article62,Joint operations of supervisory authorities,"Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of Article 62(5), each Member State shall refrain, in the case provided for Article 62(1), from requesting reimbursement from another Member State in relation to damage referred to in Article 62(4).",134 article62,Joint operations of supervisory authorities,"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 Article 62(2), 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 Article 66(1) shall be presumed to be met and require an opinion or an urgent binding decision from the Board pursuant to Article 66(2).",134 article63,Consistency mechanism,"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 2 of this Regulation.","135,138" article64,Opinion of the Board,"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: aims to adopt a list of the processing operations subject to the requirement for a data protection impact assessment pursuant to Article 35(4);",136 article64,Opinion of the Board,"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: concerns a matter pursuant to Article 40(7) whether a draft code of conduct or an amendment or extension to a code of conduct complies with this Regulation;",136 article64,Opinion of the Board,"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: aims to approve the requirements for accreditation of a body pursuant to Article 41(3), of a certification body pursuant to Article 43(3) or the criteria for certification referred to in Article 42(5);",136 article64,Opinion of the Board,"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: aims to determine standard data protection clauses 'adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2)' (Article 46(2)-(d)) and data protection clauses referred to in Article 28(8);",136 article64,Opinion of the Board,"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: aims to authorise 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' (Article 46(3)-(a));",136 article64,Opinion of the Board,"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: aims to approve binding corporate rules within the meaning of Article 47.",136 article64,Opinion of the Board,"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 Article 61 or for joint operations in accordance with Article 62.",136 article64,Opinion of the Board,"In the cases referred to in Article 64(1) and Article 64(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 Article 64(1) circulated to the members of the Board in accordance with Article 64(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.",136 article64,Opinion of the Board,"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.",136 article64,Opinion of the Board,"The Chair of the Board shall, without undue, delay inform by electronic means: 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;",136 article64,Opinion of the Board,"The Chair of the Board shall, without undue, delay inform by electronic means: the supervisory authority referred to, as the case may be, in Article 64(1) and Article 64(2), and the Commission of the opinion and make it public.",136 article64,Opinion of the Board,The competent supervisory authority referred to in Article 64(1) shall not adopt its draft decision referred to in Article 64(1) within the period referred to in Article 64(3). ,136 article64,Opinion of the Board,"The competent supervisory authority referred to in Article 64(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.",136 article64,Opinion of the Board,"Where the competent supervisory authority referred to in Article 64(1) informs the Chair of the Board within the period referred to in Article 64(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.",136 article65,Dispute resolution by the Board,"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: where, in a case referred to in Article 60(4), a supervisory authority concerned has raised a relevant and reasoned objection to a draft decision of the lead supervisory authority and the lead supervisory authority has not followed the objection or has 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;",136 article65,Dispute resolution by the Board,"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: where there are conflicting views on which of the supervisory authorities concerned is competent for the main establishment;",136 article65,Dispute resolution by the Board,"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: where a competent supervisory authority does not request the opinion of the Board in the cases referred to in Article 64(1), or does not follow the opinion of the Board issued under Article 64. In that case, any supervisory authority concerned or the Commission may communicate the matter to the Board.",136 article65,Dispute resolution by the Board,"The binding decision shall be adopted by the Board 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 shall be reasoned and addressed to the lead supervisory authority and all the supervisory authorities concerned and binding on them. Where the Board has been unable to adopt a decision within the mentioned periods, it shall adopt its decision within two weeks following the expiration of the second month 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.",136 article65,Dispute resolution by the Board,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 Article 65(2) and Article 65(3).,136 article65,Dispute resolution by the Board,"The Chair of the Board shall notify, without undue delay, the binding decision 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 Article 65(6). ",136 article65,Dispute resolution by the Board,"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 Article 65(1), 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 Article 60(7)-60(9). The final decision shall refer to the decision referred to in Article 65(1) and shall specify that the decision referred to in that paragraph will be published on the website of the Board in accordance with Article 65(5). The final decision shall attach the decision referred to in Article 65(1). ",136 article66,Urgency procedure,"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 63-65 or the procedure referred to in Article 60, 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.",137 article66,Urgency procedure,"Where a supervisory authority has taken a measure pursuant to Arrticle 66(1 and considers that final measures need urgently be adopted to act in order to protect the rights and freedoms of data subjects, it may request an urgent opinion or an urgent binding decision from the Board, giving reasons for requesting such opinion or decision. By derogation from Article 64(3) and Article 65(2), an urgent opinion or an urgent binding decision shall be adopted within two weeks by simple majority of the members of the Board.",137 article66,Urgency procedure,"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. By derogation from Article 64(3) and Article 65(2), an urgent opinion or an urgent binding decision shall be adopted within two weeks by simple majority of the members of the Board.",137 article67,Exchange of information,"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 Article 64. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).", article68,European Data Protection Board,The European Data Protection Board (the 'Board') is hereby established as a body of the Union and shall have legal personality.,139 article68,European Data Protection Board,The Board shall be represented by its Chair.,139 article68,European Data Protection Board,"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.",139 article68,European Data Protection Board,"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.",139 article68,European Data Protection Board,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.,139 article68,European Data Protection Board,"In the cases referred to in Article 65, 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.",139 article69,Independence,The Board shall act independently when performing its tasks or exercising its powers pursuant to Article 70 and Article 71., article69,Independence,"Without prejudice to requests by the Commission referred to in Article 70(1) and Article 70(2), the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from anybody.", article70,Tasks of the Board,"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: monitor and ensure the correct application of this Regulation in the cases provided for in Article 64 and Article 65 without prejudice to the tasks of national supervisory authorities;", article70,Tasks of the Board,"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: advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;", article70,Tasks of the Board,"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: advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules;", article70,Tasks of the Board,"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: 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 Article 17(2);", article70,Tasks of the Board,"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: 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;", article70,Tasks of the Board,"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: issue guidelines, recommendations and best practices for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);", article70,Tasks of the Board,"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: issue guidelines, recommendations and best practices for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and Article 33(2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;", article70,Tasks of the Board,"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: issue guidelines, recommendations and best practices 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 Article 34(1).", article70,Tasks of the Board,"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: issue guidelines, recommendations and best practices 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 Article 47;", article70,Tasks of the Board,"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: issue guidelines, recommendations and best practices for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of Article 49(1);", article70,Tasks of the Board,"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: draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1)-58(3) and the setting of administrative fines pursuant to Article 83;", article70,Tasks of the Board,"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: review the practical application of the guidelines, recommendations and best practices;", article70,Tasks of the Board,"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: issue guidelines, recommendations and best practices for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);", article70,Tasks of the Board,"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: encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Article 40 and Article 42;", article70,Tasks of the Board,"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: approve the criteria of certification pursuant to Article 42(5) and maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of the certified controllers or processors established in third countries pursuant to Article 42(7);", article70,Tasks of the Board,"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: approve the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies referred to in Article 43;", article70,Tasks of the Board,"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: provide the Commission with an opinion on the certification requirements referred to in Article 43(8);", article70,Tasks of the Board,"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: provide the Commission with an opinion on the icons referred to in Article 12(7);", article70,Tasks of the Board,"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: 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.", article70,Tasks of the Board,"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: issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;", article70,Tasks of the Board,"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: promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;", article70,Tasks of the Board,"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: 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;", article70,Tasks of the Board,"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: promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.", article70,Tasks of the Board,"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: issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9);", article70,Tasks of the Board,"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: maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.", article70,Tasks of the Board,"Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.", article70,Tasks of the Board,"The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 93 and make them public.", article70,Tasks of the Board,"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.", article71,Reports,"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.", article71,Reports,"The annual report shall include a review of the practical application of the guidelines, recommendations and best practices referred to Article 70(1) as well as of the binding decisions referred to in Article 65.", article72,Procedure,"The Board shall take decisions by a simple majority of its members, unless otherwise provided for in this Regulation.", article72,Procedure,The Board shall adopt its own rules of procedure by a two-thirds majority of its members and organise its own operational arrangements., article73,Chair,The Board shall elect a chair and two deputy chairs from amongst its members by simple majority., article73,Chair,The term of office of the Chair and of the deputy chairs shall be five years and be renewable once., article74,Tasks of the Chair,The Chair shall have the following tasks: to convene the meetings of the Board and prepare its agenda;, article74,Tasks of the Chair,The Chair shall have the following tasks: to notify decisions adopted by the Board pursuant to Article 65 to the lead supervisory authority and the supervisory authorities concerned;, article74,Tasks of the Chair,"The Chair shall have the following tasks: to ensure the timely performance of the tasks of the Board, in particular in relation to the consistency mechanism referred to in Article 63.", article74,Tasks of the Chair,The Board shall lay down the allocation of tasks between the Chair and the deputy chairs in its rules of procedure., article75,Secretariat,"The Board shall have a secretariat, which shall be provided by the European Data Protection Supervisor.",140 article75,Secretariat,The secretariat shall perform its tasks exclusively under the instructions of the Chair of the Board.,140 article75,Secretariat,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.,140 article75,Secretariat,"Where appropriate, the Board and the European Data Protection Supervisor shall establish and publish a Memorandum of Understanding implementing Article 75, 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.",140 article75,Secretariat,"The secretariat shall provide analytical, administrative and logistical support to the Board.",140 article75,Secretariat,The secretariat shall be responsible in particular for: the day-to-day business of the Board;,140 article75,Secretariat,"The secretariat shall be responsible in particular for: communication between the members of the Board, its Chair and the Commission;",140 article75,Secretariat,The secretariat shall be responsible in particular for: communication with other institutions and the public;,140 article75,Secretariat,The secretariat shall be responsible in particular for: the use of electronic means for the internal and external communication;,140 article75,Secretariat,The secretariat shall be responsible in particular for: the translation of relevant information;,140 article75,Secretariat,The secretariat shall be responsible in particular for: the preparation and follow-up of the meetings of the Board;,140 article75,Secretariat,"The secretariat shall be responsible in particular for: the preparation, drafting and publication of opinions, decisions on the settlement of disputes between supervisory authorities and other texts adopted by the Board.",140 article76,Confidentiality,"The discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules of procedure.", article76,Confidentiality,"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.", article77,Right to lodge a complaint with a supervisory authority,"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.",141 article77,Right to lodge a complaint with a supervisory authority,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 Article 78.,141 article78,Right to an effective judicial remedy against a supervisory authority,"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.",143 article78,Right to an effective judicial remedy against a supervisory authority,"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 Article 55 and Article 56 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 Article 77.",143 article78,Right to an effective judicial remedy against a supervisory authority,Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.,143 article78,Right to an effective judicial remedy against a supervisory authority,"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.",143 article79,Right to an effective judicial remedy against a controller or processor,"Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, 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.",145 article79,Right to an effective judicial remedy against a controller or processor,"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.",145 article80,Representation of data subjects,"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 77-79 on his or her behalf, and to exercise the right to receive compensation referred to in Article 82 on his or her behalf where provided for by Member State law.",142 article80,Representation of data subjects,"Member States may provide that any body, organisation or association referred to in Article 80(1), 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 Article 77 and to exercise the rights referred to in Article 78 and Article 79 if it considers that the rights of a data subject under this Regulation have been infringed as a result of the processing.",142 article81,Suspension of proceedings,"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.",144 article81,Suspension of proceedings,"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.",144 article81,Suspension of proceedings,"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.",144 article82,Right to compensation and liability,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.,"146,147" article82,Right to compensation and liability,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.,"146,147" article82,Right to compensation and liability,A controller or processor shall be exempt from liability under Article 82(2) if it proves that it is not in any way responsible for the event giving rise to the damage.,"146,147" article82,Right to compensation and liability," 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 Article 82(2) and Article 82(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.","146,147" article82,Right to compensation and liability,"Where a controller or processor has, in accordance Article 82(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 Article 82(2).","146,147" article82,Right to compensation and liability,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).,"146,147" article83,General conditions for imposing administrative fines,"Each supervisory authority shall ensure that the imposition of administrative fines pursuant to Article 83 in respect of infringements of this Regulation referred to in Article 83(4)-83(6) shall in each individual case be effective, proportionate and dissuasive.","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: 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; ","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: the intentional or negligent character of the infringement; ","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: any action taken by the controller or processor to mitigate the damage suffered by data subjects; ","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: the degree of responsibility of the controller or processor taking into account technical and organisational measures implemented by them pursuant to Article 25 and Article 32; ","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: any relevant previous infringements by the controller or processor;","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: the categories of personal data affected by the infringement; ","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: 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; ","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: where measures referred to in Article 58(2) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures;","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: adherence to approved codes of conduct pursuant to Article 40 or approved certification mechanisms pursuant to Article 42;","148,150,151" article83,General conditions for imposing administrative fines,"Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in Article 58(2). 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: 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. ","148,150,151" article83,General conditions for imposing administrative fines,"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.","148,150,151" article83,General conditions for imposing administrative fines,"Infringements of the following provisions shall, in accordance with Article 83(2), be subject to administrative fines up to 10000000 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: the obligations of the controller and the processor pursuant to Article 8, Article 11, Articles 25-39, Article 42 and Article 43;","148,150,151" article83,General conditions for imposing administrative fines,"Infringements of the following provisions shall, in accordance with Article 83(2), be subject to administrative fines up to 10000000 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: the obligations of the certification body pursuant to Article 42 and Article 43;","148,150,151" article83,General conditions for imposing administrative fines,"Infringements of the following provisions shall, in accordance with Article 83(2), be subject to administrative fines up to 10000000 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: the obligations of the monitoring body pursuant to Article 41(4).","148,150,151" article83,General conditions for imposing administrative fines,"Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20000000 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: the basic principles for processing, including conditions for consent, pursuant to Articles 5-7 and Article 9;","148,150,151" article83,General conditions for imposing administrative fines,"Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20000000 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: the data subjects' rights pursuant to Articles 12-22;","148,150,151" article83,General conditions for imposing administrative fines,"Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20000000 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: the transfers of personal data to a recipient in a third country or an international organisation pursuant to Articles 44-49;","148,150,151" article83,General conditions for imposing administrative fines,"Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20000000 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: any obligations pursuant to Member State law adopted under Chapter IX 'Provisions relating to specific processing situations';","148,150,151" article83,General conditions for imposing administrative fines,"Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20000000 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: 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 Article 58(2) or failure to provide access in violation of Article 58(1).","148,150,151" article83,General conditions for imposing administrative fines,"Non-compliance with an order by the supervisory authority as referred to in Article 58(2) shall, in accordance with Article 83(2), be subject to administrative fines up to 20000000 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.","148,150,151" article83,General conditions for imposing administrative fines,"Without prejudice to the corrective powers of supervisory authorities pursuant to Article 58(2), 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.","148,150,151" article83,General conditions for imposing administrative fines,"The exercise by the supervisory authority of its powers under Article 83 shall be subject to appropriate procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process.","148,150,151" article83,General conditions for imposing administrative fines,"Where the legal system of the Member State does not provide for administrative fines, Article 83 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.","148,150,151" article84,Penalties,"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 Article 83, and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive.","149,152" article84,Penalties,"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.","149,152" article85,Processing and freedom of expression and information,"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.",153 article85,Processing and freedom of expression and information,"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. Each Member State shall notify to the Commission the provisions of its law which it has adopted pursuant to Article 85(2) and, without delay, any subsequent amendment law or amendment affecting them.",153 article86,Processing and public access to official documents,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.,154 article87,Processing of the national identification number,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., article88,Processing in the context of employment,"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. Each Member State shall notify to the Commission those provisions of its law which it adopts pursuant to Article 88(1), by 25 May 2018 and, without delay, any subsequent amendment affecting them.",155 article88,Processing in the context of employment,"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.",155 article89,"Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes","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.","156,157,158,159,160,161,162,163" article89,"Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes","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 Article 15, Article 16, Article 18 and Article 21 subject to the conditions and safeguards referred to in Article 89(1) 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. Where processing serves at the same time another purpose, the derogations shall apply only to processing for the purposes referred to Article 89(2).","156,157,158,159,160,161,162,163" article89,"Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes","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 Article 15, Article 16, Articles 18-21 subject to the conditions and safeguards referred to in Article 89(1) 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. Where processing serves at the same time another purpose, the derogations shall apply only to processing for the purposes referred to Article 89(3).","156,157,158,159,160,161,162,163 " article90,Obligations of secrecy,"Member States may adopt specific rules to set out the powers of the supervisory authorities referred 'to obtain, from the controller and the processor, access to all personal data and to all information necessary for the performance of its tasks' and 'to obtain access to any premises of the controller and the processor, including to any data processing equipment and means' (Article 58(1)-(e,f)) 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. Each Member State shall notify to the Commission the rules adopted pursuant to Article 90(1), by 25 May 2018 and, without delay, any subsequent amendment affecting them.",164 article91,Existing data protection rules of churches and religious associations,"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.",165 article91,Existing data protection rules of churches and religious associations,"Churches and religious associations which apply comprehensive rules in accordance with Article 91(1) 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 'Independent supervisory authorities'.",165 article92,Exercise of the delegation,The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Article 92.,166 article92,Exercise of the delegation,The delegation of power referred to in Article 12(8) and Article 43(8) shall be conferred on the Commission for an indeterminate period of time from 24 May 2016.,166 article92,Exercise of the delegation,The delegation of power referred to in Article 12(8) and Article 43(8) may be revoked at any time by the European Parliament or by the Council. 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.,166 article92,Exercise of the delegation,"As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.",166 article92,Exercise of the delegation,"A delegated act adopted pursuant to Article 12(8) and Article 43(8) 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.",166 article93,Committee procedure,The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.,"167,168,169" article93,Committee procedure,"Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.","167,168,169" article93,Committee procedure,"Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.","167,168,169" article94,Repeal of Directive 95/46/EC,Directive 95/46/EC is repealed with effect from 25 May 2018.,171 article94,Repeal of Directive 95/46/EC,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.,171 article95,Relationship with Directive 2002/58/EC,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.,173 article96,Relationship with previously concluded Agreements,"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.", article97,Commission reports,"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. The Commission may request information from Member States and supervisory authorities.", article97,Commission reports,"In the context of the evaluations and reviews referred to in Article 97(1), the Commission shall examine, in particular, the application and functioning of: Chapter V on the transfer of personal data to third countries or international organisations with particular regard to decisions adopted pursuant to Article 45(3) of this Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC;", article97,Commission reports,"In the context of the evaluations and reviews referred to in Article 97(1), the Commission shall examine, in particular, the application and functioning of: Chapter VII on cooperation and consistency.", article97,Commission reports,"In carrying out the evaluations and reviews referred to in Article 97(1) and Article 97(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.", article97,Commission reports,"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.", article98,Review of other Union legal acts on data protection,"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.",170 article99,Entry into force and application,This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 25 May 2018.,