GDPR Guidelines

DATA PROTECTION POLICY & GDPR FOR EU RESIDENTS

Last Updated: 01.08.2022

Policy objectives

This Policy was implemented to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data. And the movement of data in-between the European Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons about the processing of personal data.

Material Scope –

This Regulation applies to the processing of personal data fully 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.

This regulation is not applying to the following,

During an activity which falls outside the scope of Union law.
By a natural person during a purely personal or household activity
By competent authorities for 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.

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.

This Regulation shall be without prejudice to the application of Directive 2000/31/EC, of the liability rules of intermediary service.

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.

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; or the monitoring of their behaviour as far as their behaviour takes place within the Union.

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 public international law.

Definitions

‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person can be identified, directly or indirectly, 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 sets of personal data, whether 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 to limit 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, 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.
‘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 by Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall follow 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 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 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 dactyloscopy 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.
‘Representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing represents the controller or processor about their respective obligations under this Regulation.
‘enterprise’ means a natural or legal person engaged in economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in 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.
‘Supervisory authority concerned’ means a supervisory authority which is concerned with 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 (c) a complaint has been lodged with that supervisory authority.
‘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 o
f 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.
‘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 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 of Directive (EU) 2015/1535 of the European Parliament and the Council.
‘International organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or based on, an agreement between two or more countries.

Principles relating to the processing of personal data

Personal data shall be:

processed lawfully, fairly and in a transparent manner about the data subject (‘lawfulness, fairness and transparency).
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, not be incompatible with the initial purposes (‘purpose limitation.
adequate, relevant, and limited to what is necessary for relation to the purposes for which they are processed (‘data minimisation’).
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that inaccurate personal data, having regard to the purposes for which they are processed, are erased, or rectified without delay (‘accuracy’).
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 subject to the implementation of the appropriate technical and organisational measures required by this Regulation to safeguard the rights and freedoms of the data subject (‘storage limitation’);
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction, or damage, using appropriate technical or organisational measures (‘integrity and confidentiality).

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 data for one or more specific purposes.
processing is necessary for the performance of a contract to which the data subject is a party or, to take steps at the request of the data subject before entering a contract.
processing is necessary for compliance with a legal obligation to which the controller is subject.
processing is necessary to protect the vital interests of the data subject or another natural person.
processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller.
processing is necessary for 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.

Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation about processing for compliance by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations.

processing for another purpose is compatible with the purpose for which the personal data are initially collected, consider, inter alia:
any link between the purposes for which the personal data have been collected and the purposes of the intended further processing.
the context in which the personal data have been collected, regarding the relationship between data subjects and the controller.
the nature of the personal data, whether special categories of personal data are processed,
the possible consequences of the intended further processing for data subjects.

Conditions for consent

Where the processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her data. 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 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.

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.

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.

Conditions applicable to child’s consent in relation to information society services

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.

Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.

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.

The general contract law of the Member States such as the rules on the validity, formation, or effect of a contract about a child.

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 to uniquely identify a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.
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 provides that the prohibition may not be lifted by the data subject.
processing is necessary for 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 under Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject.
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.
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 the condition that the processing relates solely to the members or 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;
processing relates to personal data which are manifestly made public by the data subject.
processing is necessary for the establishment, exercise, or defence of legal claims or whenever courts are acting in their judicial capacity.
processing is necessary for reasons of substantial public interest, 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.
processing is necessary for 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 based on Union or Member State law or under contract with a health professional and subject to the conditions and safeguards.
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 medicinal products or medical devices, based on 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.
processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, 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.

Personal data may be processed for the purposes when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.

Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health. .Processing of personal data relating to criminal convictions and offences Processing of personal data relating to criminal convictions and offences or related security measures 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 the official authority.

Processing of personal data relating to criminal convictions and offences

Processing of personal data relating to criminal convictions and offences or related security measures 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 the official authority.

Processing which does not require identification

If the purposes for which a controller processes personal data do not or 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 the controller can demonstrate that it is not able to identify the data subject, the controller shall inform the data subject accordingly.

Rights of the data subject Section

Transparency and modalities

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 and any communication relating to processing the data subject in a concise, transparent, intelligible, and easily accessible form, using clear and plain language, 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.
The controller shall facilitate the exercise of data subject rights. The controller shall not refuse to act on the request of the data subject for exercising his or her rights unless the controller demonstrates that it is not able to identify the data subject.

The controller shall provide information on action taken on a request of 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, considering 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.
If the controller does not act 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 acting and the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
Information provided, and any communication and any actions taken shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive.
Without prejudice, where the controller has reasonable doubts concerning the identity of the natural person making the request, the controller may request the provision of additional information necessary to confirm the identity of the data subject.
The information to be provided to data subjects may be provided in combination with standardised icons to give in an easily visible, intelligible, and legible manner a meaningful overview of the intended processing. Where the icons are presented electronically, they shall be machine-readable.
The Commission shall be empowered to adopt delegated acts to determine the information to be presented by the icons and the procedures for providing standardised icons.

Information and access to personal data

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 the following information:

the identity and the contact details of the controller and, where applicable, of the controller’s representative.
the contact details of the data protection officer, where applicable.
the purposes of the processing for which the personal data are intended as well as the legal basis for the processing.
the recipients or categories of recipients of the personal data, if any.
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 to the appropriate or suitable safeguards and how to obtain a copy of them or where they have been made available.

In addition to the information, 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.
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 the processing as well as the right to data portability.
where the processing is based on point the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
the right to complain with a supervisory authority.
whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter a contract, as well as whether the data subject is obliged to provide the personal data and the possible consequences of failure to provide such data.
the existence of automated decision-making, including profiling, 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.

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 before that further processing with information on that other purpose and with any relevant further information.

Information to be provided 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.
the contact details of the data protection officer, where applicable.
the purposes of the processing for which the personal data are intended as well as the legal basis for the processing.
the categories of personal data concerned.
the recipients or categories of recipients of the personal data, if any.
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, reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available.

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.
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 the processing as well as the right to data portability.
where processing is based on point, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
the right to complain with a supervisory authority.
from which source does the personal data originate, and if applicable, whether it came from publicly accessible sources.
the existence of automated decision-making, including profiling, referred to in 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.

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. If the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.

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 before that further processing with information.

Right of access by the data subject

The data subject shall have the right to obtain from the controller confirmation as to whether 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.
the categories of personal data concerned.
the recipients or categories of recipients to whom the personal data have been or will be disclosed, recipients in third countries or international organisations.
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period.
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.
the right to complain with a supervisory authority.
where the personal data are not collected from the data subject, any available information as to their source.
the existence of automated decision-making, including profiling, 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.

Where personal data are transferred to a third country or an international organisation, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

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.

Rectification and erasure

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. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including using providing a supplementary statement.

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.
the data subject withdraws consent on which the processing and where there is no other legal ground for the processing.
the personal data have been unlawfully processed; (e) 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.
the personal data have been collected in relation to the offer of information society services

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 who 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.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 the exercise of official authority vested in the controller;

For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in so far as the right is likely to render impossible or seriously impair the achievement of the objectives of that processing, or for the establishment, exercise, or defence of legal claims.

Right to restriction of processing

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 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 pending the verification of whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted, such personal data shall, except for 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 reasons of important public interest of the Union or a Member State.

A data subject who has obtained restriction of processing shall be informed by the controller before the restriction of processing is lifted.

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 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.

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: (a) the processing is based on consent and (b) the processing is carried out by automated means.

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.

The exercise of the right shall not apply to processing necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller.

Right to object and automated individual decision-making

Right to object

The data subject shall have the right to object, on grounds relating to his or her situation, at any time to the processing of personal data concerning him or her, 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.

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to the 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.
Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
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.
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.
Where personal data are processed for scientific or historical research purposes or statistical purposes, the data subject, on grounds relating to his or her particular situation, shall have the right to object to the 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.

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.
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 and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

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 in so far as its provisions correspond to the rights and obligations provided 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
defence
public security
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
other important objectives of public interest of the Union or a Member State, an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters, public health, and social security
the protection of judicial independence and judicial proceedings
the prevention, investigation, detection, and prosecution of breaches of ethics for regulated professions
a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority.
the protection of the data subject or the rights and freedoms of others.
the enforcement of civil law claims.

Any legislative measure shall contain specific provisions at least, where relevant, as to,

the purposes of the processing or categories of processing
the categories of personal data
the scope of the restrictions introduced
the safeguards to prevent abuse or unlawful access or transfer
the specification of the controller or categories of controllers
the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing
the risks to the rights and freedoms of data subjects
the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.

Controller and processor

General obligations

Responsibility of the controller

Considering 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 be able to demonstrate that processing is performed by this Regulation. Those measures shall be reviewed and updated where necessary.

Where proportionate about processing activities, the measures shall include the implementation of appropriate data protection policies by the controller.

Adherence to approved codes of conduct or approved certification mechanisms may be used as an element by which to demonstrate compliance with the obligations of the controller.

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, effectively and to integrate the necessary safeguards into the processing to meet the requirements of this Regulation and protect the rights of data subjects.

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.

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, as regards the exercising of the rights of the data subject and their respective duties to provide the information, using 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.

Representatives of controllers or processors not established in the Union

The controller or the processor shall designate in writing a representative in the Union.

Occasional processingal, does not include, on a large scale, processing of special categories of data or processing of personal data relating to criminal convictions and offences, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing; or
a public authority or body.

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.

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.

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.

Processor

Where the 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.

The processor shall not engage another processor without prior specific or general written authorisation of the controller.

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 about 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;

ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality
considering the nature of the processing, assists the controller with 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
assists the controller in ensuring compliance with the obligations considering the nature of processing and the information available to 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 the storage of the personal data
makes available to the controller all information necessary to demonstrate compliance with the obligations laid down 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.

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.

A supervisory authority may adopt standard contractual clauses for the matters and by the consistency mechanism.

The contract or the other legal act shall be in writing, including in electronic form. Without prejudice, if a processor infringes this Regulation by determining the purposes and means of processing, the processor shall be a controller in respect of that processing.

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.

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
the purposes of the processing
a description of the categories of data subjects and the categories of personal data
the categories of recipients to whom the personal data have been or will be disclosed including recipients in third countries or international organisations
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, the documentation of suitable safeguards
where possible, the envisaged time limits for erasure of the different categories of data
where possible, a general description of the technical and organisational security measures

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 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
the categories of processing carried out on behalf of each controller
where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation

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 upon request.

The obligations 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 or personal data relating to criminal convictions and offences.

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. Section 2 Security of personal data.

Security of processing

Considering 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
the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services
the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident
a process for regularly testing, assessing, and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

In assessing the appropriate level of security account shall be taken of the risks that are presented by processing, from an accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.

Adherence to an approved code of conduct or an approved certification mechanism may be used as an element by which to demonstrate compliance with the requirements

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.

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 the supervisory authority competent, 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.

The processor shall notify the controller without undue delay after becoming aware of a personal data breach.

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
communicate the name and contact details of the data protection officer or another contact point where more information can be obtained
describe the likely consequences of the personal data breach
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.

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.

The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action is taken. That documentation shall enable the supervisory authority to verify compliance.

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 information and measures
Communication to the data 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
the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data is no longer likely to materialise
it would involve a 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.

If the controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions are met.

Data protection impact assessment and prior consultation

Data protection impact assessment

Where a type of processing 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, before 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.
The controller shall seek the advice of the data protection officer, where designated when carrying out a 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 are 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
- processing on a large scale of special categories of data or personal data relating to criminal convictions and offences a systematic monitoring of a publicly accessible area on a large scale.

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.

5. 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.

6. Compliance with approved codes of conduct 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.

7. Where processing pursuant 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, Member States deem it to be necessary to carry out such an assessment before processing activities.

8. Where necessary, the controller shall review to assess if the processing is performed by the data protection impact assessment at least when there is a change in the risk represented by processing operations.

Prior consultation

The controller shall consult the supervisory authority before processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk.
Where the supervisory authority thinks that the intended processing, would infringe this Regulation, where the controller has insufficiently identified or mitigated the risk, the supervisory authority shall, within a period of up to eight weeks of receipt of the consultation request, provide written advice to the controller and, where applicable to the processor, and may use any of its powers. That period may be extended by six weeks, considering 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 the information it has requested for the purposes of the consultation.
The 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.
Notwithstanding, Member State law may require controllers to consult with, and obtain prior authorisation from, the supervisory authority about processing by a controller for the performance of a task carried out by the controller in the public interest, including processing about social protection and public

health.

Data protection officer

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
the core activities of the controller or the processor consist of processing operations which, by their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale
the core activities of the controller or the processor consist of processing on a large scale special categories of data and personal data relating to criminal convictions and offences

A group of undertakings may appoint a single data protection officer provided that a data protection officer is easily accessible from each establishment.
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 into account of their organisational structure and size.

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.

The data protection officer shall be designated based on professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks.

The data protection officer may be a staff member of the controller or processor or fulfil the tasks based on a service contract.
The controller or the processor shall publish the contact details of the data protection officer and communicate them to the supervisory authority.

Position of the data protection officer

The controller and the processor shall ensure that the data protection officer is involved, properly and promptly, in all issues which relate to the protection of personal data.
The controller and processor shall support the data protection officer in performing the tasks 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.
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.
Data subjects may contact the data protection officer with regard to all issues related to the processing of their personal data and to the exercise of their rights under this Regulation.
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.
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.

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 other Union or Member State data protection provisions
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
to provide advice where requested as regards the data protection impact assessment and monitor its performance.
to cooperate with the supervisory authority
to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation and to consult, where appropriate, about any other matter.

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 the processing.

Codes of conduct and certification

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.

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
the legitimate interests pursued by controllers in specific contexts
the collection of personal data
the pseudonymisation of personal data
the information provided to the public and data subjects
the exercise of the rights of data subjects
the information provided to, and the protection of, children, and the way the consent of the holders of parental responsibility over children is to be obtained
the notification of personal data breaches to supervisory authorities and the communication of such personal data breaches to data subjects
the transfer of personal data to third countries or international organisations
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.

A code of conduct shall contain mechanisms which enable the body 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.

Monitoring of approved codes of conduct

Without prejudice to the tasks and powers of the competent supervisory authority, the monitoring of compliance with a code of conduct 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. The competent supervisory authority shall submit the draft criteria for the accreditation of a body to the Board under the consistency mechanism.

The competent supervisory authority shall revoke the accreditation of a body, if the conditions for accreditation are not, or are no longer, met or where actions were taken by the body infringe this Regulation. This regulation shall not apply to processing carried out by public authorities and bodies.

Certification

The Member States, the supervisory authorities, the Board and the Commission shall encourage, in particular at the Union level, the establishment of data protection certification mechanisms and 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 considered.

The certification shall be voluntary and available via a transparent process. Certification 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.
Certification shall be issued by the certification bodies referred to in or by the competent supervisory authority, based on criteria approved by that competent supervisory authority or by the Board. Where the criteria are approved by the Board, this may result in a common certification, the European Data Protection Seal.

The controller or processor which submits its processing to the certification mechanism shall provide the certification body, or where applicable, the competent supervisory authority, with all information and access to its processing activities which are necessary to conduct the certification procedure.

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 requirements continue to be met. Certification shall be withdrawn, as applicable, by the certification bodies or by the competent supervisory authority where the requirements for the certification are not or are no longer met.

Certification bodies

Without prejudice to the tasks and powers of the competent supervisory authority, certification bodies which have an appropriate level of expertise about data protection shall, after informing the supervisory authority to allow it to exercise its powers where necessary, issue and renew certification.

Transfers of personal data to third countries or international organisations

The general principle for transfers

Any transfer of personal data which are undergoing processing or is intended for processing after transfer to a third country or an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this policy 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 another international organisation. All provisions in this policy shall be applied in order to ensure that the level of protection of natural persons guaranteed by this Regulation is not undermined.

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.
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
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.
the international commitments the third country or international organisation concerned has entered, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in relation to the protection of personal data.

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.
The Commission shall, on an ongoing basis, monitor developments in third countries and international organisations that could affect the functioning of decisions adopted. The Commission shall enter consultations with the third country or international organisation to remedy the situation giving rise to the decision made
Transfers subject to appropriate safeguards

In the absence of a decision 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 the condition that enforceable data subject rights and effective legal remedies for data subjects are available.
The appropriate safeguards may be provided for, without requiring any specific authorisation from a supervisory authority, by:

a legally binding and enforceable instrument between public authorities or bodies
binding corporate rules
standard data protection clauses adopted by the Commission by the examination procedure
standard data protection clauses adopted by a supervisory authority and approved by the Commission under the examination procedure
an approved code of conduct
an approved certification mechanism

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
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

Binding corporate rules

The competent supervisory authority shall approve binding corporate rules by the consistency mechanism.

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
expressly confer enforceable rights on data subjects about the processing of their data

The binding corporate rules shall specify at least: (a) the structure and contact details of the group of undertakings, or group of enterprises engaged in joint economic activity and of each of its members. 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, and their legally binding nature, both internally and externally.

The mechanisms within the group of undertakings, or groups of enterprises engaged in a joint economic activity for ensuring the verification of compliance with the binding corporate rules. Such mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. Results of such verification should be communicated to the person or entity referred to in point (h) and to the board of the controlling undertaking of a group of undertakings, or of the group of enterprises engaged in a joint economic activity, and should be available upon request to the competent supervisory authority;

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 is likely to have a substantial adverse effect on the guarantees provided by the binding corporate rules; and (n) the appropriate data protection training to personnel having permanent or regular access to personal data. The Commission may specify the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules within the meaning. Those implementing acts shall be adopted by the examination procedure.

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.

Derogations for specific situations

In the absence of an adequate decision or appropriate safeguards 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 under 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 adequate decision and appropriate safeguards.
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
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
the transfer is necessary for important reasons of public interest
the transfer is necessary for the establishment, exercise, or defence of legal claims
the transfer is necessary 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
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.

Where a transfer could not be based on a provision,including the provisions on binding corporate rules, and none of the derogations for a specific situation referred to in the, 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 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 based on that assessment provided suitable safeguards about the protection of personal data. The controller shall inform the supervisory authority of the transfer.

In the absence of an adequate 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. The Member States shall notify such provisions of the Commission.

The controller or processor shall document the assessment as well as the suitable safeguards.

International cooperation for the protection of personal data

About 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
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
engage relevant stakeholders in discussion and activities aimed at furthering international cooperation in the enforcement of legislation for the protection of personal data
promote the exchange and documentation of personal data protection legislation and practice, including on jurisdictional conflicts with third countries.

Independent supervisory authorities

Supervisory authority

Each Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation, to protect the fundamental rights and freedoms of natural persons about processing and facilitate the free flow of personal data within the Union (‘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.

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.

Independence

Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation.

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.

General conditions for the members of the supervisory authority

The Member States shall provide for each member of their supervisory authorities to be appointed using a transparent procedure by — their parliament; — their government; — their head of State; or — an independent body entrusted with the appointment under Member State law.

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.

Rules on the establishment of the supervisory authority

Each Member State shall provide by law for all of the following: (a) the establishment of each supervisory authority.

the qualifications and eligibility conditions required to be appointed as a member of each supervisory authority
the rules and procedures for the appointment of the member or members of each supervisory authority
f 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 using 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.

The member or members and the staff of each supervisory authority shall, by Union or Member State law, be subject to a duty of professional secrecy both during and after their term of office, about 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 apply to reporting by natural persons of infringements of this Regulation.

Competence, tasks and powers

Competence

Each supervisory authority shall be competent for the performance of the tasks assigned to and the exercise of the powers conferred on it by this Regulation on the territory of its Member State. Where the processing is carried out by public authorities or private bodies acting based on the supervisory authority of the Member State concerned shall be competent.
Supervisory authorities shall not be competent to supervise the processing operations of courts acting in their judicial capacity.

Competence of the lead supervisory authority

The supervisory authority of the main establishment or the single establishment of the controller or processor shall be competent to act as the lead supervisory authority for the cross-border processing carried out by that controller or processor by the procedure provided. 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.

The supervisory authority shall inform the lead supervisory authority without delay on that matter. Within three weeks after being informed the lead supervisory authority shall decide whether it will handle the case by the procedure provided, considering whether or not there is an establishment of the controller or processor in the Member State of which the supervisory authority informed it.

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
promote public awareness and understanding of the risks, rules, safeguards and rights about processing. Activities addressed specifically to children shall receive specific attention
advise, by 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 about the processing
promote the awareness of controllers and processors of their obligations under this Regulation
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 the other Member States to that end
conduct investigations on the application of this Regulation, including based on information received from another supervisory authority or other public authority
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.

Each supervisory authority shall facilitate the submission of complaints, by measures such as a complaint submission form which can also be completed electronically, without excluding other means of communication.
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.

Powers

Each supervisory authority shall have all 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
to carry out investigations in the form of data protection audits
to notify the controller or the processor of an alleged infringement of this Regulation
to obtain, from the controller and the processor, access to all personal data and all information necessary for the performance of its tasks
to obtain access to any premises of the controller and the processor, including to any data processing equipment and means, by Union or Member State procedural law.

Each supervisory authority shall have all the following corrective powers:

to issue warnings to a controller or processor that intended processing operations are likely to infringe provisions of this Regulation
to issue reprimands to a controller or a processor where processing operations have infringed provisions of this Regulation
to order the controller or the processor to comply with the data subject’s requests to exercise his or her rights under this Regulation
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
to order the controller to communicate a personal data breach to the data subject
to impose a temporary or definitive limitation including a ban on processing
to order the suspension of data flows to a recipient in a third country or an international organisation.

Each supervisory authority shall have all of the following authorisation and advisory powers, to advise the controller by the prior consultation procedure referred
The exercise of the powers conferred on the supervisory shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in Union and Member State law by the Charter. 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, to enforce the provisions of this Regulation.

Each Member State may provide by law that its supervisory authority shall have additional powers. The exercise of those powers shall not impair the effective operation.

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.

Cooperation and consistency

Cooperation

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 an endeavour to reach a consensus. The lead supervisory authority and the supervisory authorities concerned shall exchange all relevant information with each other.
The lead supervisory authority may request at any time other supervisory authorities concerned to provide mutual assistance pursuant and may conduct joint operations for carrying out investigations or for monitoring the implementation of a measure concerning a controller or processor established in another Member State.
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.
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 of the decision.

Mutual assistance

Supervisory authorities shall provide each other with relevant information and mutual assistance to implement and consistently apply this Regulation and shall put in place measures for effective cooperation with one another. Mutual assistance shall cover information requests and supervisory measures, such as requests to carry out prior authorisations and consultations, inspections, and investigations.

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.

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.

A supervisory authority may, by 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 by 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.

Consistency

Consistency mechanism

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.

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

concerns a matter of whether a draft code of conduct or an amendment or extension to a code of conduct complies with this Regulation.

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 to obtain an opinion, in particular where a competent supervisory authority does not comply with the obligations for mutual assistance

Urgency procedure

In exceptional circumstances, where a supervisory authority concerned considers that there is an urgent need to act to protect the rights and freedoms of data subjects, it may, by way of derogation from the consistency mechanism, immediately adopt provisional measures intended to produce legal effects on its 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 the Commission.

Where a supervisory authority has taken a measure and considers that final measures need urgently be adopted, it may request an urgent opinion or an urgent binding decision from the Board, giving reasons for requesting such opinion or decision.
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, to protect the rights and freedoms of data subjects, giving reasons for requesting such opinion or decision, including for the urgent need to act.

Exchange of information

The Commission may adopt implementing acts of general scope 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. Those implementing acts shall be adopted by the examination procedure.

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.
The Board shall be represented by its Chair.
The Board shall be composed of the head of one supervisory authority of each Member State and the European Data Protection Supervisor, or their respective representatives.
Where in a Member State more than one supervisory authority is responsible for monitoring the application of the provisions under this Regulation, a joint representative shall be appointed by that Member State’s law.
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.
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.

The Board shall act independently when performing its tasks or exercising its powers.

Confidentiality

The discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules of procedure.

Right to complain with a supervisory authority

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to complain 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.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint including the possibility of a judicial remedy

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.
Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to an effective judicial remedy where the competent supervisory authority, does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged
Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.
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.

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 complain with a supervisory authority, 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 data in non-compliance with this Regulation.

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.

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 by 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 about the protection of their data to lodge the complaint on his or her behalf, to exercise the rights on his or her behalf, and to exercise the right to receive compensation on his or her behalf were provided for by Member State law.

2. Member States may provide that anybody, organisation or association, 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 and to exercise the rights if it considers that the rights of a data subject under this Regulation have been infringed as a result of the processing.

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 is 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. 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.

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.

Right to compensation and liability

Any person who has suffered material or non-material damage because of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.
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.
A controller or processor shall be exempt from liability if it proves that it is not in any way responsible for the event giving rise to the damage.
Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage to ensure effective compensation of the data subject.
Where a controller or processor has 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 corresponds to their part of the responsibility for the damage, by the conditions.

General conditions for imposing administrative fines

Each supervisory authority shall ensure the imposition of administrative fines in respect of infringements of this Regulation. Administrative fines shall, depending on the circumstances of each case, when deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each case due regard shall be given to the following:

the nature, gravity and duration of the infringement considering 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
the intentional or negligent character of the infringement
any action taken by the controller or processor to mitigate the damage suffered by data subjects
the degree of cooperation with the supervisory authority, to remedy the infringement and mitigate the possible adverse effects of the infringement
the categories of personal data affected by the infringement
how the infringement became known to the supervisory authority, in particular, whether, and if so to what extent, the controller or processor notified the infringement.

Infringements of the following provisions shall be subject to administrative fines up to 10 000 000 EUR, or in the case of an undertaking, up to 2 % of the total worldwide annual turnover of the preceding financial year, whichever is higher:
Infringements of the following provisions shall be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher:
Non-compliance with an order by the supervisory authority shall be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.
Without prejudice to the corrective powers of supervisory authorities, 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.

Penalties

The 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 and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate, and dissuasive.

Provisions relating to specific processing situations

Processing and freedom of expression and information

The Member States shall by law reconcile the right to the protection of personal data under 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.
For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member States shall provide for exemptions or derogations, 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 the Commission of the provisions of its law which it has adopted and, without delay, any subsequent amendment law or amendment affecting them.

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 by 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.

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 under this Regulation.

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’ data in the employment context, in particular for 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 exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the termination of the employment relationship.

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 workplace.

Obligations of secrecy

Member States may adopt specific rules to set out the powers of the supervisory authorities about 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 to personal data that the controller or processor has received as a result of or has obtained in an activity covered by that obligation of secrecy.

Delegated acts and implementing acts

Exercise of the delegation

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this policy.
The delegation of power 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 the 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.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and the Council.
A delegated act is adopted and enters into force only if no objection has been expressed by either the European Parliament or the Council within 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.

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.

Final Provisions

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 the Council. The reports shall be made public.

Review of other Union legal acts on data protection

The Commission shall, if appropriate, submit legislative proposals to amend other Union legal acts on the protection of personal data, to ensure uniform and consistent protection of natural persons about processing. This shall in particular concern the rules relating to the protection of natural persons about processing by Union institutions, bodies, offices and agencies and on the free movement of such data.

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