(31) Not applicable to public authorities in connection with their official tasks The site is administered by PrivacyTrust. 31 GDPR – Cooperation with the supervisory authority, Art. We use cookies to ensure that we give you the best experience on our website. a complaint has been lodged with that supervisory authority; 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. It is also a site to encourage data privacy best practice and transparency. 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. Article 19 : Notification obligation regarding rectification or erasure of personal data or restriction of processing; Article 20 : Right to data portability; Section 4 : Right to object and automated individual decision-making. 34 GDPR – Communication of a personal data breach to the data subject, Art. Nothing found in this portal constitutes legal advice. Such comments should be sent by January 16th 2020 at 23:59 at the latest using the provided form.. 29 GDPR – Processing under the authority of the controller or processor, Art. 91 GDPR – Existing data protection rules of churches and religious associations, Art. The GDPR superseded the UK Data Protection Act 1998 on 25 May 2018. 86 GDPR – Processing and public access to official documents, Art. 99 GDPR – Entry into force and application, Art. 5 GDPR – Principles relating to processing of personal data, Art. 82 GDPR – Right to compensation and liability, Art. 92 GDPR – Exercise of the delegation, Art. 98 GDPR - Review of other Union legal acts on data protection, Art. 24 GDPR – Responsibility of the controller, Art. Privacy Policy. ‘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 Article 1(1) of. Please note that, by submitting your comments, you acknowledge ⦠(4) The binding decision of the EDPB shall be adopted by a two-thirds majority of the members of the EDPB, pursuant to Article 65(2) GDPR ⦠The General Data Protection Regulation (GDPR), the Data Protection Law Enforcement Directive and other rules concerning the protection of personal data. GDPR.eu is co-funded by the Horizon 2020 Framework Programme of the European Union and operated by Proton Technologies AG. 4 The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued. 56 GDPR – Competence of the lead supervisory authority, Art. GDPR.org is a resource for information on the General Data Protection Regulation. International data protection agreements, EU-US privacy shield, transfer of passenger name record data. O⦠46 GDPR – Transfers subject to appropriate safeguards, Art. 4. cikk. 17 GDPR – Right to erasure (‘right to be forgotten’), Art. 22 GDPR – Automated individual decision-making, including profiling, Art. Version Beta 0.6, Copyright © 2018 All rights reserved to PrivacyTrust, Article 5: Principles relating to processing of personal data, Article 8 : Conditions applicable to child's consent in relation to information society services, Article 9: Processing of special categories of personal data, Article 10: Processing of personal data relating to criminal convictions and offences, Article 11: Processing which does not require identification, Article 12: Transparent information, communication and modalities for the exercise of the rights of the data subject, Section 2 : Information and access to personal data, Article 13: Information to be provided where personal data are collected from the data subject, Article 14: Information to be provided where personal data have not been obtained from the data subject, Article 15: Right of access by the data subject, Article 17 : Right to erasure (right to be forgotten), Article 18 : Right to restriction of processing, Article 19 : Notification obligation regarding rectification or erasure of personal data or restriction of processing, Section 4 : Right to object and automated individual decision-making, Article 22 : Automated individual decision-making, including profiling, Article 24 : Responsibility of the controller, Article 25 : Data protection by design and by default, Article 27 : Representatives of controllers or processors not established in the Union, Article 29 : Processing under the authority of the controller or processor, Article 30 : Records of processing activities, Article 31 : Cooperation with the supervisory authority, Article 33 : Notification of a personal data breach to the supervisory authority, Article 34 : Communication of a personal data breach to the data subject, Section 3 : Data protection impact assessment and prior consultation, Article 35 - Data protection impact assessment, Article 37 Designation of the data protection officer, Article 38 - Position of the data protection officer, Article 39 - Tasks of the data protection officer, Section 5 Codes of conduct and certification, Article 41 - Monitoring of approved codes of conduct, Article 44 - General principle for transfers, Article 45 - Transfers on the basis of an adequacy decision, Article 46 - Transfers subject to appropriate safeguards, Article 48 Transfers or disclosures not authorised by Union law, Article 49 - Derogations for specific situations, Article 50 - International cooperation for the protection of personal data, Article 53 General conditions for the members of the supervisory authority, Article 54 Rules on the establishment of the supervisory authority, Article 56 Competence of the lead supervisory authority, Article 60 Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Article 62 Joint operations of supervisory authorities, Article 65 Dispute resolution by the Board, Section 3 European data protection board, Article 68 European Data Protection Board, Article 77 Right to lodge a complaint with a supervisory authority, Article 78 Right to an effective judicial remedy against a supervisory authority, Article 79 Right to an effective judicial remedy against a controller or processor, Article 80 Representation of data subjects, Article 82 Right to compensation and liability, Article 83 General conditions for imposing administrative fines, Article 85 Processing and freedom of expression and information, Article 86 Processing and public access to official documents, Article 87 Processing of the national identification number, Article 88 Processing in the context of employment, Article 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Article 91 Existing data protection rules of churches and religious associations, Article 95 Relationship with Directive 2002/58/EC, Article 96 Relationship with previously concluded Agreements, Article 98 Review of other Union legal acts on data protection, Article 99 Entry into force and application. 95 GDPR – Relationship with Directive 2002/58/EC, Art. 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; 85 GDPR – Processing and freedom of expression and information, Art. Home » Legislation » GDPR » Article 4. 83 GDPR – General conditions for imposing administrative fines, Art. a complaint has been lodged with that supervisory authority; 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. 54 GDPR – Rules on the establishment of the supervisory authority, Art. 1 GDPR – Subject-matter and objectives, Art. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject, Art. (34) Genetic data 48 GDPR – Transfers or disclosures not authorised by Union law, Art. How should we document our lawful basis? ‘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; ‘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; ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future; ‘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; ‘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; ‘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; ‘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; ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; 1‘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. 79 GDPR – Right to an effective judicial remedy against a controller or processor, Art. For the purposes of this Regulation: âpersonal dataâ means any information relating to an identified or identifiable natural person (âdata subjectâ); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier ⦠GDPR.EU is a website operated by Proton Technologies AG, which is co-funded by Project REP-791727-1 of the Horizon 2020 Framework Programme of the European Union. Since biometric data is the result of such measurements, the GDPR states in its Article 4.14 that it is âresulting from specific technical processing relating to the physical, physiological or behavioural characteristicsâ.The video footage of an individual cannot however in itself be considered as biometric data under Article ⦠The General Data Protection Regulation is comprised of 99 Articles and 173 Recitals.Below you'll find a summary and brief explanation of each Article of the GDPR, organized by Chapter. The right to the protection of personal data is not an absolute right; it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality. (29) Pseudonymisation at the same controller © 2020 Proton Technologies AG. Art. Profiling has to involve some form of automated processing â although human involvement does not necessarily take the activity out of the definition. 98 GDPR – Review of other Union legal acts on data protection, Art. The europa.eu webpage concerning GDPR can be found here. 50 GDPR – International cooperation for the protection of personal data, Art. International dimension of data protection. ‘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. This is not an official EU Commission or Government resource. 15 GDPR – Right of access by the data subject, Art. (Endorsedby the EDPB) The General Data Protection Regulation (the GDPR) introduces the requirement for a personal data breach (henceforth âbreachâ) to be notified to the competent national supervisory authority (or in the case of a cross-border breach, to the lead authority) and, in certain cases, to communicate the breach to the individuals whose personal data have been affected by the breach. Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. 8 GDPR – Conditions applicable to child’s consent in relation to information society services, Art. (3) Pursuant to Article 65(1)(a) GDPR, the EDPB shall issue a binding decision concerning all the matters which are the subject of the RROs, in particular whether there is an infringement of the GDPR. 62 GDPR – Joint operations of supervisory authorities, Art. 68 GDPR – European Data Protection Board, Art. (28) Introduction of pseudonymisation 11 GDPR – Processing which does not require identification, Art. Article 4 â Definitions. 4 GDPR Definitions. EU GDPR Chapter 2 Article 6 Article 6 â Lawfulness of processing Processing shall be lawful only if and to the extent that at least one of the following applies: Right to Erasure Request Form 49 GDPR – Derogations for specific situations, Art. 94 GDPR – Repeal of Directive 95/46/EC, Art. GDPR Article 4 Paragraph 7 has its main establishment âmain establishmentâ means: (a) 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 ⦠37 GDPR – Designation of the data protection officer, Art. (37) Enterprise group. O⦠Article 4(4) refers to âany form of automated processingâ rather than âsolelyâ automated processing (referred to in Article 22). 77 GDPR – Right to lodge a complaint with a supervisory authority, Art. For the purposes of this Regulation: âpersonal dataâ means any information relating to an identified or identifiable natural person (âdata subjectâ); 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 ⦠9 GDPR – Processing of special categories of personal data, Art. Im Sinne dieser Verordnung bezeichnet der Ausdruck: âpersonenbezogene Datenâ alle Informationen, die sich auf eine identifizierte oder identifizierbare natürliche Person (im Folgenden âbetroffene Personâ) beziehen; als identifizierbar wird eine natürliche Person angesehen, die direkt oder indirekt, insbesondere mittels ⦠10 GDPR – Processing of personal data relating to criminal convictions and offences, Art. 33 GDPR – Notification of a personal data breach to the supervisory authority, Art. Definitions For the purposes of this Regulation: âpersonal dataâ means any information relating to an identified or identifiable natural person (âdata subjectâ); 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 ⦠The GDPR's primary aim is to give control to individuals over their ⦠(f) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. 13 GDPR – Information to be provided where personal data are collected from the data subject, Art. ‘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. Article 4(1)(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as permitting the application of the law on the protection of personal data of a Member State other than the Member State in which the controller with respect to the proce⦠Avsnitt 3 â Konsekvensbedömning avseende Dataskydd samt Föregående Samråd Fogalommeghatározások E rendelet alkalmazásában: 1. âszemélyes adatâ : azonosított vagy azonosítható természetes személyre (âérintettâ) vonatkozó bármely információ; azonosítható az a természetes személy, aki közvetlen vagy közvetett módon, különösen valamely azonosító, például név, szám, helymeghatározó adat, ⦠45 GDPR – Transfers on the basis of an adequacy decision, Art. ‘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. Article 3 Champ d'application territorial Article 3 CHAPITRE 2 Principes CHAPITRE 2 This page is a part of Regulation (EU) 2016/679 (General Data Protection Regulation) of the European Parliament and of the Council of 27 April 2016 in the current version of the OJ L 119, 4.5.2016. 80 GDPR – Representation of data subjects, Art. Article 21: Right to object; Article 22 : Automated individual decision-making, including profiling; Section 5 : ⦠Relevant provisions in the GDPR - See Article 6(4), Article 5(1)(b) and Recital 50, Recital 61. 25 GDPR – Data protection by design and by default, Art. It also addresses the transfer of personal data outside the EU and EEA areas. 41 GDPR – Monitoring of approved codes of conduct, Art. 38 GDPR – Position of the data protection officer, Art. (4) The processing of personal data should be designed to serve mankind. If you continue to use this site we will assume that you are happy with it. The General Data Protection Regulation (EU) 2016/679 (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Art. (Endorsedby the EDPB) The General Data Protection Regulation (the GDPR) introduces the requirement for a personal data breach (henceforth âbreachâ) to be notified to the competent national supervisory authority (or in the case of a cross-border breach, to the lead authority) and, in certain cases, to communicate the breach to the individuals whose personal data have been affected by the breach. 31 GDPR - Cooperation with the supervisory authority. 27 GDPR – Representatives of controllers or processors not established in the Union, Art. Data Processing Agreement ‘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; data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or. 87 GDPR – Processing of the national identification number, Art. (35) Health data The principle of accountability requires you to be able to demonstrate that you are complying with the GDPR, and have appropriate policies and processes. ‘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. We've strived to explain each Article in the most clear and simple way so you can get a basic understanding of what the Article dictates ⦠(24) Applicable to processors not established in the Union if data subjects within the Union are profiled The European Data Protection Board welcomes comments on the Guidelines 4/2019 on Article 25 Data Protection by Design and by Default. Article 4 - Definitions - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. 14 GDPR – Information to be provided where personal data have not been obtained from the data subject, Art. ‘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. (30) Online identifiers for profiling and identification 35 GDPR – Data protection impact assessment, Art. GDPR compliance is easier with encrypted email. 39 GDPR – Tasks of the data protection officer, Art. Chapter 1 summary of GDPR Article 4 defining key terms used throughout the GDPR. 30 GDPR – Records of processing activities, Art. All Rights Reserved. External link. 53 GDPR – General conditions for the members of the supervisory authority, Art. See a summary of the articles of the GDPR here. ‘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; data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or. Article 4 GDPR. In addition to the definitions provided in Article 4 GDPR, legal definitions are provided in Article 5 GDPR : âlawfulness, fairness and transparencyâ, âpurpose limitationâ, âdata minimisationâ, âaccuracyâ, storage limitationâ, âintegrity ⦠88 GDPR – Processing in the context of employment, Art. 78 GDPR – Right to an effective judicial remedy against a supervisory authority, Art. General Data Protection Regulation (GDPR), Transfers of personal data to third countries or international organisations, Provisions relating to specific processing situations, (15) Technology neutrality 96 GDPR – Relationship with previously concluded Agreements, Art. 44 GDPR – General principle for transfers, Art. 1. Without prejudice to an individual contract between the controller and the processor, the contract or the other legal act referred to in paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8 of this Article, including when they are part of a ⦠Article 17 - Right to erasure ('right to be forgotten') (65, 66) Article 18 - Right to restriction of processing Article 19 - Notification obligation regarding rectification or erasure of personal data or restriction of processing Article 20 - Right to data portability Section 4 - Right to object and automated individual decision-making Modifié par Rectificatif au règlement (UE) 2016/679 du Parlement européen et du Conseil du 27 avril 2016 relatif à la protection des personnes physiques à lâégard du traitement des données à caractère personnel et à la libre circulation de ces données, et abrogeant la directive 95/46/CE (règlement général ⦠(36) Determination of the main establishment Art. 18 GDPR – Right to restriction of processing, Art. 19 GDPR – Notification obligation regarding rectification or erasure of personal data or restriction of processing, Art. ‘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; ‘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; ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future; ‘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; ‘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; ‘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; ‘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; ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; ‘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. 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