Due regard should however be given to the nature, gravity and duration of the infringement, the intentional character of the infringement, actions taken to mitigate the damage suffered, degree of responsibility or any relevant previous infringements, the manner in which the infringement became known to the supervisory authority, compliance with measures ordered against the controller or processor, adherence to a code of conduct and any other aggravating or mitigating factor. A controller or processor shall be exempt from liability under paragraph2 if it proves that it is not in any way responsible for the event giving rise to the damage. In cases other than those referred to in paragraph1, 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 discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules of procedure. 1. Without prejudice to requests by the Commission referred to in point (b) of Article 70(1) and in 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. In-text: (Data Protection Act 2018, 2018). Your Bibliography: Wolford, B., 2021. 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. 4. In order to determine whether a processing activity can be considered to monitor the behaviour of data subjects, it should be ascertained whether natural persons are tracked on the internet including potential subsequent use of personal data processing techniques which consist of profiling a natural person, particularly in order to take decisions concerning her or him or for analysing or predicting her or his personal preferences, behaviours and attitudes. 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. 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. To ensure compliance with the requirements of this Regulation in respect of the processing to be carried out by the processor on behalf of the controller, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organisational measures which will meet the requirements of this Regulation, including for the security of processing. In automated filing systems, the restriction of processing should in principle be ensured by technical means in such a manner that the personal data are not subject to further processing operations and cannot be changed. This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. The handbook examines the GDPR's scope of application, the organizational and material requirements for data . For that purpose, the supervisory authorities should cooperate with each other and with the Commission, without the need for any agreement between MemberStates on the provision of mutual assistance or on such cooperation. 1 - 4) General provisions Art. 2. 3. 3. The Board may also issue guidelines on processing operations that are considered to be unlikely to result in a high risk to the rights and freedoms of natural persons and indicate what measures may be sufficient in such cases to address such risk. The representative should act on behalf of the controller or the processor and may be addressed by any supervisory authority. Once this Regulation is adopted, Directive2002/58/EC should be reviewed in particular in order to ensure consistency with this Regulation. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2. Non-compliance with an order by the supervisory authority as referred to in Article58(2) shall, in accordance with paragraph 2 of this Article, 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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article93(2). The statistical purpose implies that the result of processing for statistical purposes is not personal data, but aggregate data, and that this result or the personal data are not used in support of measures or decisions regarding any particular natural person. 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. 9. Consent should cover all processing activities carried out for the same purpose or purposes. In order to ensure that consent is freely given, consent should not provide a valid legal ground for the processing of personal data in a specific case where there is a clear imbalance between the data subject and the controller, in particular where the controller is a public authority and it is therefore unlikely that consent was freely given in all the circumstances of that specific situation. 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. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; the data subject has objected to processing pursuant to Article21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject. In particular, delegated acts should be adopted in respect of criteria and requirements for certification mechanisms, information to be presented by standardised icons and procedures for providing such icons. (18)Directive 2002/58/EC of the European Parliament and of the Council of 12July2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 1. Public authorities or public or private bodies that hold records of public interest should be services which, pursuant to Union or Member State law, have a legal obligation to acquire, preserve, appraise, arrange, describe, communicate, promote, disseminate and provide access to records of enduring value for general public interest. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State lawshall 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; 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; 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; 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; 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; 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; 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; 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; 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; representative means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article27, represents the controller or processor with regard to their respective obligations under this Regulation; 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; group of undertakings means a controlling undertaking and its controlled undertakings; 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; supervisory authority means an independent public authority which is established by a Member State pursuant to Article51; 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 MemberState of that supervisory authority; data subjects residing in the MemberState of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or. It should be ascertained whether all appropriate technological protection and organisational measures have been implemented to establish immediately whether a personal data breach has taken place and to inform promptly the supervisory authority and the data subject. The EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) took effect on May 25, 2018 and replaced the EU Directive and its member state implementing laws. The principle of transparency requires that any information and communication relating to the processing of those personal data be easily accessible and easy to understand, and that clear and plain language be used. 3. 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. They should relate in particular to compliance with the general principles relating to personal data processing, the principles of data protection by design and by default. 9. On the basis of registries, research results can be enhanced, as they draw on a larger population. Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. 1. The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment. 4. The Commission may, by means of implementing acts, specify the format and procedures for mutual assistance referred to in this Article and the arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board, in particular the standardised format referred to in paragraph6 of this Article. In any event, transfers to third countries and international organisations may only be carried out in full compliance with this Regulation. This should not preclude additional requirements pursuant to Member State procedural law. For consent to be informed, the data subject should be aware at least of the identity of the controller and the purposes of the processing for which the personal data are intended. Any natural or legal person has the right to bring an action for annulment of decisions of the Board before the Court of Justice under the conditions provided for in Article263TFEU. This Regulation respects all fundamental rights and observes the freedoms and principles recognised in the Charter as enshrined in the Treaties, in particular the respect for private and family life, home and communications, the protection of personal data, freedom of thought, conscience and religion, freedom of expression and information, freedom to conduct a business, the right to an effective remedy and to a fair trial, and cultural, religious and linguistic diversity. 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; information society service means a service as defined in point(b) of Article1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council(19); 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. Directive 95/46/EC should be repealed by this Regulation. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest. 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. The competence of the supervisory authorities should not cover the processing of personal data when courts are acting in their judicial capacity, in order to safeguard the independence of the judiciary in the performance of its judicial tasks, including decision-making. . The protection of the rights and freedoms of natural persons with regard to the processing of personal data require that appropriate technical and organisational measures be taken to ensure that the requirements of this Regulation are met. sequential (one-line) endnotes in plain tex/optex, Is there a canonical citation form for these two documents? Files or sets of files, as well as their cover pages, which are not structured according to specific criteria should not fall within the scope of this Regulation. That mechanism should in particular apply where a supervisory authority intends to adopt a measure intended to produce legal effects as regards processing operations which substantially affect a significant number of data subjects in several Member States. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests. The exchange of personal data between public and private actors, including natural persons, associations and undertakings across the Union has increased. 3. Notification of a personal data breach to the supervisory authority. The scale of the collection and sharing of personal data has increased significantly. As regards the powers of the supervisory authorities to obtain from the controller or processor access to personal data and access to their premises, MemberStates may adopt by law, within the limits of this Regulation, specific rules in order to safeguard the professional or other equivalent secrecy obligations, in so far as necessary to reconcile the right to the protection of personal data with an obligation of professional secrecy. 3. 6. The Commission should consult the Board when assessing the level of protection in third countries or international organisations. By derogation from Article64(3) and Article 65(2), an urgent opinion or an urgent binding decision referred to in paragraphs2 and3 of this Article shall be adopted within two weeks by simple majority of the members of the Board. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding. In particular, such codes of conduct could calibrate the obligations of controllers and processors, taking into account the risk likely to result from the processing for the rights and freedoms of natural persons. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article77, 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. In that case, provision should be made for consultations between the Commission and such third countries or international organisations. Data Protection Policy. Transfers of personal data to third countries or international organisations. Adherence to approved codes of conduct as referred to in Article40 or approved certification mechanisms as referred to in Article42 may be used as an element by which to demonstrate compliance with the obligations of the controller. General Data Protection Regulation (GDPR) - Official Legal Text 4. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Scientific research purposes should also include studies conducted in the public interest in the area of public health. The economic and social integration resulting from the functioning of the internal market has led to a substantial increase in cross-border flows of personal data. 3. It should be for the Member States to determine whether and to which extent public authorities should be subject to administrative fines. 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. 3. For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, MemberStates shall provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data subject), ChapterIV (controller and processor), Chapter V (transfer of personal data to third countries or international organisations), Chapter VI (independent supervisory authorities), ChapterVII (cooperation and consistency) and ChapterIX (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.
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