Council of theEuropean Union
Brussels, 6 April 2016
(OR. en)5419/16
Interinstitutional File:
2012/0011 (COD)
DATAPROTECT 2
JAI 38MI 25
DIGIT 21DAPIX 9
FREMP 4CODEC 52LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:

Position of the Council at first reading with a view to the adoption of a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL on the protection of natural persons with regard to theprocessing of personal data and on the free movement of such data, andrepealing Directive 95/46/EC (General Data Protection Regulation)

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DGD 2ENREGULATION (EU) 2016/…
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
ofon the protection of natural persons
with regard to the processing of personal dataand on the free movement of such data,
and repealing Directive 95/46/EC(General Data Protection Regulation)(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16
thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee 1,
Having regard to the opinion of the Committee of the Regions 2,
Acting in accordance with the ordinary legislative procedure 3,

1
2
3

OJ C 229, 31.7.2012, p. 90.
OJ C 391, 18.12.2012, p. 127.
Position of the European Parliament of 12 March 2014 (OJ …) and position of the Councilof …. Position of the European Parliament of ... and decision of the Council of ....

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Whereas:(1)

The protection of natural persons in relation to the processing of personal data is afundamental right. Article 8(1) of the Charter of Fundamental Rights of the European
Union (the 'Charter') and Article 16(1) of the Treaty on the Functioning of the European
Union (TFEU) provide that everyone has the right to the protection of personal data
concerning him or her.

(2)

The principles of, and rules on the protection of natural persons with regard to theprocessing of their personal data should, whatever their nationality or residence, respect
their fundamental rights and freedoms, in particular their right to the protection of personal
data. This Regulation is intended to contribute to the accomplishment of an area of
freedom, security and justice and of an economic union, to economic and social progress,
to the strengthening and the convergence of the economies within the internal market, andto the well-being of natural persons.
Directive 95/46/EC of the European Parliament and of the Council 1 seeks to harmonise the(3)protection of fundamental rights and freedoms of natural persons in respect of processing
activities and to ensure the free flow of personal data between Member States.

1

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on
the protection of individuals with regard to the processing of personal data and on the freemovement of such data (OJ L 281, 23.11.1995, p. 31).

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(4)

The processing of personal data should be designed to serve mankind. The right to theprotection of personal data is not an absolute right; it must be considered in relation to its
function in society and be balanced against other fundamental rights, in accordance withthe principle of proportionality. This Regulation respects all fundamental rights andobserves the freedoms and principles recognised in the Charter as enshrined in the Treaties,
in particular the respect for private and family life, home and communications,theprotection of personal data, freedom of thought, conscience and religion, freedom of
expression and information, freedom to conduct a business, the right to an effective
remedy and to a fair trial, and cultural, religious and linguistic diversity.

(5)

The economic and social integration resulting from the functioning of the internal market
has led to a substantial increase in cross-border flows of personal data. The exchange of
personal data between public and private actors, including natural persons, associations
and undertakings across the Union has increased. National authorities in theMember States are being called upon by Union law to cooperate and exchange personal
data so as to be able to perform their duties or carry out tasks on behalf of an authority inanother Member State.

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(6)

Rapid technological developments and globalisation have brought new challenges for theprotection of personal data. The scale of the collection and sharing of personal data has
increased significantly. Technology allows both private companies and public authorities
to make use of personal data on an unprecedented scale in order to pursue their activities.
Natural persons increasingly make personal information available publicly and globally.
Technology has transformed both the economy and social life, and should further facilitate
the free flow of personal data within the Union and the transfer to third countries andinternational organisations, while ensuring a high level of the protection of personal data.

(7)

Those developments require a strong and more coherent data protection framework in theUnion, backed by strong enforcement, given the importance of creating the trust that willallow the digital economy to develop across the internal market. Natural persons shouldhave control of their own personal data. Legal and practical certainty for natural persons,economic operators and public authorities should be enhanced.

(8)

Where this Regulation provides for specifications or restrictions of its rules by
Member State law, Member States may, as far as necessary for coherence and for making
the national provisions comprehensible to the persons to whom they apply, incorporate
elements of this Regulation into their national law.

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(9)

The objectives and principles of Directive 95/46/EC remain sound, but it has not prevented
fragmentation in the implementation of data protection across the Union, legal uncertainty
or a widespread public perception that there are significant risks to the protection of natural
persons, in particular with regard to online activity. Differences in the level of protection of
the rights and freedoms of natural persons, in particular the right to the protection of
personal data, with regard to the processing of personal data in the Member States may
prevent the free flow of personal data throughout the Union. Those differences may
therefore constitute an obstacle to the pursuit of economic activities at the level of theUnion, distort competition and impede authorities in the discharge of their responsibilities
under Union law. Such a difference in levels of protection is due to the existence ofdifferences in the implementation and application of Directive 95/46/EC.

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(10)

In order to ensure a consistent and high level of protection of natural persons and to
remove the obstacles to flows of personal data within the Union, the level of protection of
the rights and freedoms of natural persons with regard to the processing of such data
should be equivalent in all Member States. Consistent and homogenous application of therules for the protection of the fundamental rights and freedoms of natural persons withregard to the processing of personal data should be ensured throughout the Union.
Regarding the processing of personal data for compliance with a legal obligation, for the
performance of a task carried out in the public interest or in the exercise of official
authority vested in the controller, Member States should be allowed to maintain or
introduce national provisions to further specify the application of the rules of thisRegulation. In conjunction with the general and horizontal law on data protection
implementing Directive 95/46/EC, Member States have several sector-specific laws inareas that need more specific provisions. This Regulation also provides a margin of
manoeuvre for Member States to specify its rules, including for the processing of special
categories of personal data ('sensitive data'). To that extent, this Regulation does not
exclude Member State law that sets out the circumstances for specific processing
situations, including determining more precisely the conditions under which the processingof personal data is lawful.

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(11)

Effective protection of personal data throughout the Union requires the strengthening andsetting out in detail of the rights of data subjects and the obligations of those who process
and determine the processing of personal data, as well as equivalent powers for monitoringand ensuring compliance with the rules for the protection of personal data and equivalent
sanctions for infringements in the Member States.

(12)

Article 16(2) TFEU mandates the European Parliament and the Council to lay down therules relating to the protection of natural persons with regard to the processing of personal
data and the rules relating to the free movement of personal data.

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(13)

In order to ensure a consistent level of protection for natural persons throughout the Unionand to prevent divergences hampering the free movement of personal data within theinternal market, a Regulation is necessary to provide legal certainty and transparency foreconomic operators, including micro, small and medium-sized enterprises, and to provide
natural persons in all Member States with the same level of legally enforceable rights andobligations and responsibilities for controllers and processors, to ensure consistentmonitoring of the processing of personal data, and equivalent sanctions in all
Member States as well as effective cooperation between the supervisory authorities ofdifferent Member States. The proper functioning of the internal market requires that thefree movement of personal data within the Union is not restricted or prohibited for reasonsconnected with the protection of natural persons with regard to the processing of personal
data. To take account of the specific situation of micro, small and medium-sizedenterprises, this Regulation includes a derogation for organisations with fewer than 250
employees with regard to record-keeping. In addition, the Union institutions and bodies,and Member States and their supervisory authorities, are encouraged to take account of thespecific needs of micro, small and medium-sized enterprises in the application of thisRegulation. The notion of micro, small and medium-sized enterprises should draw from
Article 2 of the Annex to Commission Recommendation 2003/361/EC 1.

1

Commission Recommendation of 6 May 2003 concerning the definition of micro, small andmedium-sized enterprises (C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).

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(14)

The protection afforded by this Regulation should apply to natural persons, whatever theirnationality or place of residence, in relation to the processing of their personal data. This
Regulation does not cover the processing of personal data which concerns legal persons
and in particular undertakings established as legal persons, including the name and theform of the legal person and the contact details of the legal person.

(15)

In order to prevent creating a serious risk of circumvention, the protection of natural
persons should be technologically neutral and should not depend on the techniques used.
The protection of natural persons should apply to the processing of personal data byautomated means, as well as to manual processing, if the personal data are contained or are
intended to be contained in a filing system. Files or sets of files, as well as their cover
pages, which are not structured according to specific criteria should not fall within thescope of this Regulation.

(16)

This Regulation does not apply to issues of protection of fundamental rights and freedoms
or the free flow of personal data related to activities which fall outside the scope of Union
law, such as activities concerning national security. This Regulation does not apply to theprocessing of personal data by the Member States when carrying out activities in relation
to the common foreign and security policy of the Union.

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Regulation (EC) No 45/2001 of the European Parliament and of the Council 1 applies to the(17)

processing of personal data by the Union institutions, bodies, offices and agencies.
Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of
personal data should be adapted to the principles and rules established in this Regulation
and applied in the light of this Regulation. In order to provide a strong and coherent dataprotection framework in the Union, the necessary adaptations of Regulation (EC)No 45/2001 should follow after the adoption of this Regulation, in order to allow
application at the same time as this Regulation.
(18)

This Regulation does not apply to the processing of personal data by a natural person in thecourse of a purely personal or household activity and thus with no connection to aprofessional or commercial activity. Personal or household activities could include
correspondence and the holding of addresses, or social networking and online activity
undertaken within the context of such activities. However, this Regulation applies tocontrollers or processors which provide the means for processing personal data for such
personal or household activities.

1

Regulation (EC) No 45/2001 of the European Parliament and of the Council of
18 December 2000 on the protection of individuals with regard to the processing of personal
data by the Community institutions and bodies and on the free movement of such data
(OJ L 8, 12.1.2001, p. 1).

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(19)

The protection of natural persons with regard to the processing of personal data bycompetent authorities for the purposes of the prevention, investigation, detection orprosecution of criminal offences or the execution of criminal penalties, including thesafeguarding against and the prevention of threats to public security and the free movementof such data, is the subject of a specific Union legal act. This Regulation should not,therefore, apply to processing activities for those purposes. However, personal dataprocessed by public authorities under this Regulation should, when used for those
purposes, be governed by a more specific Union legal act, namely Directive (EU) 2016/…
of the European Parliament and of the Council 1*. Member States may entrust competentauthorities within the meaning of Directive (EU) 2016/… ** with tasks which are notnecessarily carried out for the purposes of the prevention, investigation, detection orprosecution of criminal offences or the execution of criminal penalties, including thesafeguarding against and prevention of threats to public security, so that the processing of
personal data for those other purposes, in so far as it is within the scope of Union law, falls
within the scope of this Regulation.

1

*
**

Directive (EU) 2016/… of the European Parliament and of the Council on the protection ofnatural persons with regard to the processing of personal data by competent authorities forthe purposes of prevention, investigation, detection or prosecution of criminal offences orthe execution of criminal penalties, and the free movement of such data and repealing
Council Framework Decision 2008/977/JHA (OJ L …).
OJ: Please insert the number of the Directive in doc. st 5418/16 and the publicationreference.
OJ: Please insert the number of the Directive in doc. st 5418/16.

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With regard to the processing of personal data by those competent authorities for purposes
falling within scope of this Regulation, Member States should be able to maintain or
introduce more specific provisions to adapt the application of the rules of this Regulation.
Such provisions may determine more precisely specific requirements for the processing of
personal data by those competent authorities for those other purposes, taking into accountthe constitutional, organisational and administrative structure of the respective Member
State. When the processing of personal data by private bodies falls within the scope of thisRegulation, this Regulation should provide for the possibility for Member States under
specific conditions to restrict by law certain obligations and rights when such a restriction
constitutes a necessary and proportionate measure in a democratic society to safeguard
specific important interests including public security and the prevention, investigation,
detection or prosecution of criminal offences or the execution of criminal penalties,
including the safeguarding against and the prevention of threats to public security. This isrelevant for instance in the framework of anti-money laundering or the activities offorensic laboratories.

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(20)

While this Regulation applies, inter alia, to the activities of courts and other judicial
authorities, Union or Member State law could specify the processing operations andprocessing procedures in relation to the processing of personal data by courts and otherjudicial authorities. The competence of the supervisory authorities should not cover theprocessing of personal data when courts are acting in their judicial capacity, in order tosafeguard the independence of the judiciary in the performance of its judicial tasks,
including decision-making. It should be possible to entrust supervision of such dataprocessing operations to specific bodies within the judicial system of the Member State,
which should, in particular ensure compliance with the rules of this Regulation, enhanceawareness among members of the judiciary of their obligations under this Regulation andhandle complaints in relation to such data processing operations.

(21)

This Regulation is without prejudice to the application of Directive 2000/31/EC of theEuropean Parliament and of the Council 1, in particular of the liability rules of intermediaryservice providers in Articles 12 to 15 of that Directive. That Directive seeks to contributeto the proper functioning of the internal market by ensuring the free movement of
information society services between Member States.

1

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on
certain legal aspects of information society services, in particular electronic commerce, in
the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

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(22)

Any processing of personal data in the context of the activities of an establishment of acontroller or a processor in the Union should be carried out in accordance with thisRegulation, regardless of whether the processing itself takes place within the Union.
Establishment implies the effective and real exercise of activity through stablearrangements. The legal form of such arrangements, whether through a branch or asubsidiary with a legal personality, is not the determining factor in that respect.

(23)

In order to ensure that natural persons are not deprived of the protection to which they areentitled under this Regulation, the processing of personal data of data subjects who are in
the Union by a controller or a processor not established in the Union should be subject tothis Regulation where the processing activities are related to offering goods or services tosuch data subjects irrespective of whether connected to a payment. In order to determine
whether such a controller or processor is offering goods or services to data subjects whoare in the Union, it should be ascertained whether it is apparent that the controller orprocessor envisages offering services to data subjects in one or more Member States in theUnion. Whereas the mere accessibility of the controller's, processor's or an intermediary's
website in the Union, of an email address or of other contact details, or the use of alanguage generally used in the third country where the controller is established, isinsufficient to ascertain such intention, factors such as the use of a language or a currency
generally used in one or more Member States with the possibility of ordering goods andservices in that other language, or the mentioning of customers or users who are in theUnion, may make it apparent that the controller envisages offering goods or services todata subjects in the Union.

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(24)

The processing of personal data of data subjects who are in the Union by a controller orprocessor not established in the Union should also be subject to this Regulation when it isrelated to the monitoring of the behaviour of such data subjects in so far as their behaviour
takes place within the Union. In order to determine whether a processing activity can beconsidered to monitor the behaviour of data subjects, it should be ascertained whether
natural persons are tracked on the internet including potential subsequent use of personal
data processing techniques which consist of profiling a natural person, particularly in orderto take decisions concerning her or him or for analysing or predicting her or his personal
preferences, behaviours and attitudes.

(25)

Where Member State law applies by virtue of public international law, this Regulation
should also apply to a controller not established in the Union, such as in a Member State's
diplomatic mission or consular post.

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(26)

The principles of data protection should apply to any information concerning an identified
or identifiable natural person. Personal data which have undergone pseudonymisation,
which could be attributed to a natural person by the use of additional information should beconsidered to be information on an identifiable natural person. To determine whether anatural person is identifiable, account should be taken of all the means reasonably likely to
be used, such as singling out, either by the controller or by another person to identify thenatural person directly or indirectly. To ascertain whether means are reasonably likely to
be used to identify the natural person, account should be taken of all objective factors, suchas the costs of and the amount of time required for identification, taking into consideration
the available technology at the time of the processing and technological developments. The
principles of data protection should therefore not apply to anonymous information, namely
information which does not relate to an identified or identifiable natural person or topersonal data rendered anonymous in such a manner that the data subject is not or nolonger identifiable. This Regulation does not therefore concern the processing of suchanonymous information, including for statistical or research purposes.

(27)This Regulation does not apply to the personal data of deceased persons. Member States
may provide for rules regarding the processing of personal data of deceased persons.

(28)

The application of pseudonymisation to personal data can reduce the risks to the data
subjects concerned and help controllers and processors to meet their data-protection
obligations. The explicit introduction of 'pseudonymisation' in this Regulation is notintended to preclude any other measures of data protection.

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(29)

In order to create incentives to apply pseudonymisation when processing personal data,measures of pseudonymisation should, whilst allowing general analysis, be possible within
the same controller when that controller has taken technical and organisational measuresnecessary to ensure, for the processing concerned, that this Regulation is implemented, andthat additional information for attributing the personal data to a specific data subject is kept
separately. The controller processing the personal data should indicate the authorised
persons within the same controller.

(30)

Natural persons may be associated with online identifiers provided by their devices,
applications, tools and protocols, such as internet protocol addresses, cookie identifiers orother identifiers such as radio frequency identification tags. This may leave traces which,in particular when combined with unique identifiers and other information received by theservers, may be used to create profiles of the natural persons and identify them.

(31)

Public authorities to which personal data are disclosed in accordance with a legal
obligation for the exercise of their official mission, such as tax and customs authorities,
financial investigation units, independent administrative authorities, or financial market
authorities responsible for the regulation and supervision of securities markets should not
be regarded as recipients if they receive personal data which are necessary to carry out aparticular inquiry in the general interest, in accordance with Union or Member State law.
The requests for disclosure sent by the public authorities should always be in writing,reasoned and occasional and should not concern the entirety of a filing system or lead tothe interconnection of filing systems. The processing of personal data by those publicauthorities should comply with the applicable data-protection rules according to the
purposes of the processing.

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(32)

Consent should be given by a clear affirmative act establishing a freely given, specific,
informed and unambiguous indication of the data subject's agreement to the processing of
personal data relating to him or her, such as by a written statement, including by electronicmeans, or an oral statement. This could include ticking a box when visiting an internet
website, choosing technical settings for information society services or another statement
or conduct which clearly indicates in this context the data subject's acceptance of the
proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity
should not therefore constitute consent. Consent should cover all processing activities
carried out for the same purpose or purposes. When the processing has multiple purposes,
consent should be given for all of them. If the data subject's consent is to be given
following a request by electronic means, the request must be clear, concise and notunnecessarily disruptive to the use of the service for which it is provided.

(33)

It is often not possible to fully identify the purpose of personal data processing forscientific research purposes at the time of data collection. Therefore, data subjects shouldbe allowed to give their consent to certain areas of scientific research when in keeping withrecognised ethical standards for scientific research. Data subjects should have theopportunity to give their consent only to certain areas of research or parts of research
projects to the extent allowed by the intended purpose.

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(34)

Genetic data should be defined as personal data relating to the inherited or acquired genetic
characteristics of a natural person which result from the analysis of a biological sample
from the natural person in question, in particular chromosomal, deoxyribonucleic acid
(DNA) or ribonucleic acid (RNA) analysis, or from the analysis of another element
enabling equivalent information to be obtained.

(35)

Personal data concerning health should include all data pertaining to the health status of adata subject which reveal information relating to the past, current or future physical ormental health status of the data subject. This includes information about the natural personcollected in the course of the registration for, or the provision of, health care services asreferred to in Directive 2011/24/EU of the European Parliament and of the Council 1 to thatnatural person; a number, symbol or particular assigned to a natural person to uniquely
identify the natural person for health purposes; information derived from the testing or
examination of a body part or bodily substance, including from genetic data and biologicalsamples; and any information on, for example, a disease, disability, disease risk, medical
history, clinical treatment or the physiological or biomedical state of the data subject
independent of its source, for example from a physician or other health professional, ahospital, a medical device or an in vitro diagnostic test.

1

Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on
the application of patients' rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).

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(36)

The main establishment of a controller in the Union should be the place of its central
administration in the Union, unless the decisions on the purposes and means of theprocessing of personal data are taken in another establishment of the controller in theUnion, in which case that other establishment should be considered to be the mainestablishment. The main establishment of a controller in the Union should be determinedaccording to objective criteria and should imply the effective and real exercise ofmanagement activities determining the main decisions as to the purposes and means ofprocessing through stable arrangements. That criterion should not depend on whether theprocessing of personal data is carried out at that location. The presence and use of technicalmeans and technologies for processing personal data or processing activities do not, inthemselves, constitute a main establishment and are therefore not determining criteria for amain establishment. The main establishment of the processor should be the place of its
central administration in the Union or, if it has no central administration in the Union, theplace where the main processing activities take place in the Union. In cases involving boththe controller and the processor, the competent lead supervisory authority should remain
the supervisory authority of the Member State where the controller has its mainestablishment, but the supervisory authority of the processor should be considered to be asupervisory authority concerned and that supervisory authority should participate in thecooperation procedure provided for by this Regulation. In any case, the supervisory
authorities of the Member State or Member States where the processor has one or moreestablishments should not be considered to be supervisory authorities concerned where thedraft decision concerns only the controller. Where the processing is carried out by a groupof undertakings, the main establishment of the controlling undertaking should beconsidered to be the main establishment of the group of undertakings, except where thepurposes and means of processing are determined by another undertaking.

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(37)

A group of undertakings should cover a controlling undertaking and its controlled
undertakings, whereby the controlling undertaking should be the undertaking which canexert a dominant influence over the other undertakings by virtue, for example, ofownership, financial participation or the rules which govern it or the power to havepersonal data protection rules implemented. An undertaking which controls the processingof personal data in undertakings affiliated to it should be regarded, together with thoseundertakings, as a group of undertakings.

(38)

Children merit specific protection with regard to their personal data, as they may be lessaware of the risks, consequences and safeguards concerned and their rights in relation to
the processing of personal data. Such specific protection should, in particular, apply to theuse of personal data of children for the purposes of marketing or creating personality or
user profiles and the collection of personal data with regard to children when using
services offered directly to a child. The consent of the holder of parental responsibility
should not be necessary in the context of preventive or counselling services offereddirectly to a child.

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(39)

Any processing of personal data should be lawful and fair. It should be transparent tonatural persons that personal data concerning them are collected, used, consulted orotherwise processed and to what extent the personal data are or will be processed. The
principle of transparency requires that any information and communication relating to theprocessing of those personal data be easily accessible and easy to understand, and thatclear and plain language be used. That principle concerns, in particular, information to thedata subjects on the identity of the controller and the purposes of the processing and further
information to ensure fair and transparent processing in respect of the natural persons
concerned and their right to obtain confirmation and communication of personal data
concerning them which are being processed. Natural persons should be made aware ofrisks, rules, safeguards and rights in relation to the processing of personal data and how to
exercise their rights in relation to such processing. In particular, the specific purposes forwhich personal data are processed should be explicit and legitimate and determined at thetime of the collection of the personal data. The personal data should be adequate, relevant
and limited to what is necessary for the purposes for which they are processed. Thisrequires, in particular, ensuring that the period for which the personal data are stored islimited to a strict minimum. Personal data should be processed only if the purpose of theprocessing could not reasonably be fulfilled by other means. In order to ensure that thepersonal data are not kept longer than necessary, time limits should be established by thecontroller for erasure or for a periodic review. Every reasonable step should be taken to
ensure that personal data which are inaccurate are rectified or deleted. Personal data should
be processed in a manner that ensures appropriate security and confidentiality of thepersonal data, including for preventing unauthorised access to or use of personal data andthe equipment used for the processing.

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(40)

In order for processing to be lawful, personal data should be processed on the basis of theconsent of the data subject concerned or some other legitimate basis, laid down by law,either in this Regulation or in other Union or Member State law as referred to in thisRegulation, including the necessity for compliance with the legal obligation to which thecontroller is subject or the necessity for the performance of a contract to which the data
subject is party or in order to take steps at the request of the data subject prior to entering
into a contract.

(41)

Where this Regulation refers to a legal basis or a legislative measure , this does notnecessarily require a legislative act adopted by a parliament, without prejudice torequirements pursuant to the constitutional order of the Member State concerned.
However, such a legal basis or legislative measure should be clear and precise and its
application should be foreseeable to persons subject to it, in accordance with the case-lawof the Court of Justice of the European Union ('Court of Justice') and the European Courtof Human Rights.

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(42)

Where processing is based on the data subject's consent, the controller should be able todemonstrate that the data subject has given consent to the processing operation. In
particular in the context of a written declaration on another matter, safeguards should
ensure that the data subject is aware of the fact that and the extent to which consent isgiven. In accordance with Council Directive 93/13/EEC 1 a declaration of consent
pre-formulated by the controller should be provided in an intelligible and easily accessible
form, using clear and plain language and it should not contain unfair terms. For consent to
be informed, the data subject should be aware at least of the identity of the controller andthe purposes of the processing for which the personal data are intended. Consent should
not be regarded as freely given if the data subject has no genuine or free choice or is unable
to refuse or withdraw consent without detriment.

(43)

In order to ensure that consent is freely given, consent should not provide a valid legal
ground for the processing of personal data in a specific case where there is a clear
imbalance between the data subject and the controller, in particular where the controller isa public authority and it is therefore unlikely that consent was freely given in all thecircumstances of that specific situation. Consent is presumed not to be freely given if it
does not allow separate consent to be given to different personal data processing operations
despite it being appropriate in the individual case, or if the performance of a contract,
including the provision of a service, is dependent on the consent despite such consent not
being necessary for such performance.

1

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts(OJ L 95, 21.4.1993, p. 29).

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(44)

Processing should be lawful where it is necessary in the context of a contract or theintention to enter into a contract.

(45)

Where processing is carried out in accordance with a legal obligation to which thecontroller is subject or where processing is necessary for the performance of a task carriedout in the public interest or in the exercise of official authority, the processing should havea basis in Union or Member State law. This Regulation does not require a specific law foreach individual processing. A law as a basis for several processing operations based on alegal obligation to which the controller is subject or where processing is necessary for the
performance of a task carried out in the public interest or in the exercise of an official
authority may be sufficient. It should also be for Union or Member State law to determine
the purpose of processing. Furthermore, that law could specify the general conditions of
this Regulation governing the lawfulness of personal data processing, establish
specifications for determining the controller, the type of personal data which are subject tothe processing, the data subjects concerned, the entities to which the personal data may bedisclosed, the purpose limitations, the storage period and other measures to ensure lawful
and fair processing. It should also be for Union or Member State law to determine whether
the controller performing a task carried out in the public interest or in the exercise of
official authority should be a public authority or another natural or legal person governedby public law, or, where it is in the public interest to do so, including for health purposessuch as public health and social protection and the management of health care services, byprivate law, such as a professional association.

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(46)

The processing of personal data should also be regarded to be lawful where it is necessary
to protect an interest which is essential for the life of the data subject or that of anothernatural person. Processing of personal data based on the vital interest of another natural
person should in principle take place only where the processing cannot be manifestly basedon another legal basis. Some types of processing may serve both important grounds ofpublic interest and the vital interests of the data subject as for instance when processing isnecessary for humanitarian purposes, including for monitoring epidemics and their spreador in situations of humanitarian emergencies, in particular in situations of natural andman-made disasters.

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(47)

The legitimate interests of a controller, including those of a controller to which thepersonal data may be disclosed, or of a third party, may provide a legal basis forprocessing, provided that the interests or the fundamental rights and freedoms of the data
subject are not overriding, taking into consideration the reasonable expectations of data
subjects based on their relationship with the controller. Such legitimate interest could exist
for example where there is a relevant and appropriate relationship between the data subject
and the controller in situations such as where the data subject is a client or in the service ofthe controller. At any rate the existence of a legitimate interest would need carefulassessment including whether a data subject can reasonably expect at the time and in thecontext of the collection of the personal data that processing for that purpose may takeplace. The interests and fundamental rights of the data subject could in particular override
the interest of the data controller where personal data are processed in circumstances wheredata subjects do not reasonably expect further processing. Given that it is for the legislator
to provide by law for the legal basis for public authorities to process personal data, thatlegal basis should not apply to the processing by public authorities in the performance of
their tasks. The processing of personal data strictly necessary for the purposes of
preventing fraud also constitutes a legitimate interest of the data controller concerned. The
processing of personal data for direct marketing purposes may be regarded as carried out
for a legitimate interest.

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(48)

Controllers that are part of a group of undertakings or institutions affiliated to a central
body may have a legitimate interest in transmitting personal data within the group ofundertakings for internal administrative purposes, including the processing of clients' or
employees' personal data. The general principles for the transfer of personal data, within agroup of undertakings, to an undertaking located in a third country remain unaffected.

(49)

The processing of personal data to the extent strictly necessary and proportionate for the
purposes of ensuring network and information security, i.e. the ability of a network or an
information system to resist, at a given level of confidence, accidental events or unlawful
or malicious actions that compromise the availability, authenticity, integrity andconfidentiality of stored or transmitted personal data, and the security of the related
services offered by, or accessible via, those networks and systems, by public authorities, bycomputer emergency response teams (CERTs), computer security incident response teams(CSIRTs), by providers of electronic communications networks and services and byproviders of security technologies and services, constitutes a legitimate interest of the data
controller concerned. This could, for example, include preventing unauthorised access toelectronic communications networks and malicious code distribution and stopping 'denialof service' attacks and damage to computer and electronic communication systems.

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(50)

The processing of personal data for purposes other than those for which the personal data
were initially collected should be allowed only where the processing is compatible with the
purposes for which the personal data were initially collected. In such a case, no legal basis
separate from that which allowed the collection of the personal data is required. If theprocessing is necessary for the performance of a task carried out in the public interest or in
the exercise of official authority vested in the controller, Union or Member State law may
determine and specify the tasks and purposes for which the further processing should be
regarded as compatible and lawful. Further processing for archiving purposes in the public
interest, scientific or historical research purposes or statistical purposes should beconsidered to be compatible lawful processing operations. The legal basis provided byUnion or Member State law for the processing of personal data may also provide a legal
basis for further processing. In order to ascertain whether a purpose of further processing iscompatible with the purpose for which the personal data are initially collected, thecontroller, after having met all the requirements for the lawfulness of the original
processing, should take into account, inter alia: any link between those purposes and the
purposes of the intended further processing; the context in which the personal data havebeen collected, in particular the reasonable expectations of data subjects based on theirrelationship with the controller as to their further use; the nature of the personal data; theconsequences of the intended further processing for data subjects; and the existence ofappropriate safeguards in both the original and intended further processing operations.

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Where the data subject has given consent or the processing is based on Union or Member
State law which constitutes a necessary and proportionate measure in a democratic society
to safeguard, in particular, important objectives of general public interest, the controller
should be allowed to further process the personal data irrespective of the compatibility ofthe purposes. In any case, the application of the principles set out in this Regulation and inparticular the information of the data subject on those other purposes and on his or her
rights including the right to object, should be ensured. Indicating possible criminal acts orthreats to public security by the controller and transmitting the relevant personal data in
individual cases or in several cases relating to the same criminal act or threats to public
security to a competent authority should be regarded as being in the legitimate interest
pursued by the controller. However, such transmission in the legitimate interest of thecontroller or further processing of personal data should be prohibited if the processing is
not compatible with a legal, professional or other binding obligation of secrecy.

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(51)

Personal data which are, by their nature, particularly sensitive in relation to fundamental
rights and freedoms merit specific protection as the context of their processing could create
significant risks to the fundamental rights and freedoms. Those personal data should
include personal data revealing racial or ethnic origin, whereby the use of the term 'racial
origin' in this Regulation does not imply an acceptance by the Union of theories whichattempt to determine the existence of separate human races. The processing of photographs
should not systematically be considered to be processing of special categories of personal
data as they are covered by the definition of biometric data only when processed through aspecific technical means allowing the unique identification or authentication of a natural
person. Such personal data should not be processed, unless processing is allowed in
specific cases set out in this Regulation, taking into account that Member States law may
lay down specific provisions on data protection in order to adapt the application of therules of this Regulation for compliance with a legal obligation or for the performance of atask carried out in the public interest or in the exercise of official authority vested in thecontroller. In addition to the specific requirements for such processing, the generalprinciples and other rules of this Regulation should apply, in particular as regards theconditions for lawful processing. Derogations from the general prohibition for processing
such special categories of personal data should be explicitly provided, inter alia, where thedata subject gives his or her explicit consent or in respect of specific needs in particularwhere the processing is carried out in the course of legitimate activities by certain
associations or foundations the purpose of which is to permit the exercise of fundamental
freedoms.

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(52)

Derogating from the prohibition on processing special categories of personal data should
also be allowed when provided for in Union or Member State law and subject to suitablesafeguards, so as to protect personal data and other fundamental rights, where it is in the
public interest to do so, in particular processing personal data in the field of employment
law, social protection law including pensions and for health security, monitoring and alert
purposes, the prevention or control of communicable diseases and other serious threats tohealth. Such a derogation may be made for health purposes, including public health and the
management of health-care services, especially in order to ensure the quality andcost-effectiveness of the procedures used for settling claims for benefits and services in thehealth insurance system, or for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes. A derogation should also allow theprocessing of such personal data where necessary for the establishment, exercise or
defence of legal claims, whether in court proceedings or in an administrative or
out-of-court procedure.

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(53)

Special categories of personal data which merit higher protection should be processed for
health-related purposes only where necessary to achieve those purposes for the benefit ofnatural persons and society as a whole, in particular in the context of the management ofhealth or social care services and systems, including processing by the management andcentral national health authorities of such data for the purpose of quality control,
management information and the general national and local supervision of the health orsocial care system, and ensuring continuity of health or social care and cross-borderhealthcare or health security, monitoring and alert purposes, or for archiving purposes in
the public interest, scientific or historical research purposes or statistical purposes, basedon Union or Member State law which has to meet an objective of public interest, as well as
for studies conducted in the public interest in the area of public health. Therefore, thisRegulation should provide for harmonised conditions for the processing of special
categories of personal data concerning health, in respect of specific needs, in particularwhere the processing of such data is carried out for certain health-related purposes by
persons subject to a legal obligation of professional secrecy. Union or Member State law
should provide for specific and suitable measures so as to protect the fundamental rights
and the personal data of natural persons. Member States should be allowed to maintain or
introduce further conditions, including limitations, with regard to the processing of genetic
data, biometric data or data concerning health. However, this should not hamper the freeflow of personal data within the Union when those conditions apply to cross-borderprocessing of such data.

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(54)

The processing of special categories of personal data may be necessary for reasons ofpublic interest in the areas of public health without consent of the data subject. Suchprocessing should be subject to suitable and specific measures so as to protect the rights
and freedoms of natural persons. In that context, 'public health' should be interpreted as
defined in Regulation (EC) No 1338/2008 of the European Parliament and of the Council 1,
namely all elements related to health, namely health status, including morbidity anddisability, the determinants having an effect on that health status, health care needs,
resources allocated to health care, the provision of, and universal access to, health care aswell as health care expenditure and financing, and the causes of mortality. Such processingof data concerning health for reasons of public interest should not result in personal data
being processed for other purposes by third parties such as employers or insurance andbanking companies.

(55)

Moreover, the processing of personal data by official authorities for the purpose ofachieving the aims, laid down in constitutional law or international public law, of officiallyrecognised religious associations, is carried out on grounds of public interest.

(56)

Where in the course of electoral activities, the operation of the democratic system in a
Member State requires that political parties compile personal data on people's politicalopinions, the processing of such data may be permitted for reasons of public interest,
provided that appropriate safeguards are established.

1

Regulation (EC) No 1338/2008 of the European Parliament and of the Council of
16 December 2008 on Community statistics on public health and health and safety at work
(OJ L 354, 31.12.2008, p. 70).

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(57)

If the personal data processed by a controller do not permit the controller to identify anatural person, the data controller should not be obliged to acquire additional informationin order to identify the data subject for the sole purpose of complying with any provision ofthis Regulation. However, the controller should not refuse to take additional information
provided by the data subject in order to support the exercise of his or her rights.
Identification should include the digital identification of a data subject, for example
through authentication mechanism such as the same credentials, used by the data subject tolog-in to the on-line service offered by the data controller.

(58)

The principle of transparency requires that any information addressed to the public or to
the data subject be concise, easily accessible and easy to understand, and that clear andplain language and, additionally, where appropriate, visualisation be used. Suchinformation could be provided in electronic form, for example, when addressed to the
public, through a website. This is of particular relevance in situations where theproliferation of actors and the technological complexity of practice make it difficult for thedata subject to know and understand whether, by whom and for what purpose personal data
relating to him or her are being collected, such as in the case of online advertising. Given
that children merit specific protection, any information and communication, where
processing is addressed to a child, should be in such a clear and plain language that thechild can easily understand.

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(59)

Modalities should be provided for facilitating the exercise of the data subject's rights under
this Regulation, including mechanisms to request and, if applicable, obtain, free of charge,
in particular, access to and rectification or erasure of personal data and the exercise of theright to object. The controller should also provide means for requests to be madeelectronically, especially where personal data are processed by electronic means. The
controller should be obliged to respond to requests from the data subject without undue
delay and at the latest within one month and to give reasons where the controller does notintend to comply with any such requests.

(60)

The principles of fair and transparent processing require that the data subject be informedof the existence of the processing operation and its purposes. The controller should provide
the data subject with any further information necessary to ensure fair and transparent
processing taking into account the specific circumstances and context in which thepersonal data are processed. Furthermore, the data subject should be informed of theexistence of profiling and the consequences of such profiling. Where the personal data arecollected from the data subject, the data subject should also be informed whether he or she
is obliged to provide the personal data and of the consequences, where he or she does notprovide such data. That information may be provided in combination with standardised
icons in order to give in an easily visible, intelligible and clearly legible manner, ameaningful overview of the intended processing. Where the icons are presented
electronically, they should be machine-readable.

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(61)

The information in relation to the processing of personal data relating to the data subject
should be given to him or her at the time of collection from the data subject, or, where thepersonal data are obtained from another source, within a reasonable period, depending on
the circumstances of the case. Where personal data can be legitimately disclosed to anotherrecipient, the data subject should be informed when the personal data are first disclosed to
the recipient. Where the controller intends to process the personal data for a purpose otherthan that for which they were collected, the controller should provide the data subject prior
to that further processing with information on that other purpose and other necessary
information. Where the origin of the personal data cannot be provided to the data subject
because various sources have been used, general information should be provided.

(62)

However, it is not necessary to impose the obligation to provide information where thedata subject already possesses the information, where the recording or disclosure of thepersonal data is expressly laid down by law or where the provision of information to thedata subject proves to be impossible or would involve a disproportionate effort. The latter
could in particular be the case where processing is carried out for archiving purposes in the
public interest, scientific or historical research purposes or statistical purposes. In thatregard, the number of data subjects, the age of the data and any appropriate safeguards
adopted should be taken into consideration.

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(63)

A data subject should have the right of access to personal data which have been collectedconcerning him or her, and to exercise that right easily and at reasonable intervals, in order
to be aware of, and verify, the lawfulness of the processing. This includes the right for data
subjects to have access to data concerning their health, for example the data in their
medical records containing information such as diagnoses, examination results,
assessments by treating physicians and any treatment or interventions provided. Every data
subject should therefore have the right to know and obtain communication in particularwith regard to the purposes for which the personal data are processed, where possible theperiod for which the personal data are processed, the recipients of the personal data, thelogic involved in any automatic personal data processing and, at least when based on
profiling, the consequences of such processing. Where possible, the controller should be
able to provide remote access to a secure system which would provide the data subject
with direct access to his or her personal data. That right should not adversely affect therights or freedoms of others, including trade secrets or intellectual property and inparticular the copyright protecting the software. However, the result of thoseconsiderations should not be a refusal to provide all information to the data subject. Where
the controller processes a large quantity of information concerning the data subject, thecontroller should be able to request that, before the information is delivered, the data
subject specify the information or processing activities to which the request relates.

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(64)

The controller should use all reasonable measures to verify the identity of a data subject
who requests access, in particular in the context of online services and online identifiers. A
controller should not retain personal data for the sole purpose of being able to react topotential requests.

(65)

A data subject should have the right to have personal data concerning him or her rectified
and a 'right to be forgotten' where the retention of such data infringes this Regulation orUnion or Member State law to which the controller is subject. In particular, a data subject
should have the right to have his or her personal data erased and no longer processed where
the personal data are no longer necessary in relation to the purposes for which they arecollected or otherwise processed, where a data subject has withdrawn his or her consent orobjects to the processing of personal data concerning him or her, or where the processingof his or her personal data does not otherwise comply with this Regulation. That right isrelevant in particular where the data subject has given his or her consent as a child and is
not fully aware of the risks involved by the processing, and later wants to remove such
personal data, especially on the internet. The data subject should be able to exercise thatright notwithstanding the fact that he or she is no longer a child. However, the further
retention of the personal data should be lawful where it is necessary, for exercising theright of freedom of expression and information, for compliance with a legal obligation, forthe performance of a task carried out in the public interest or in the exercise of official
authority vested in the controller, on the grounds of public interest in the area of publichealth, for archiving purposes in the public interest, scientific or historical research
purposes or statistical purposes, or for the establishment, exercise or defence of legal
claims.

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(66)

To strengthen the right to be forgotten in the online environment, the right to erasure
should also be extended in such a way that a controller who has made the personal data
public should be obliged to inform the controllers which are processing such personal data
to erase any links to, or copies or replications of those personal data. In doing so, that
controller should take reasonable steps, taking into account available technology and themeans available to the controller, including technical measures, to inform the controllers
which are processing the personal data of the data subject's request.

(67)

Methods by which to restrict the processing of personal data could include, inter alia,
temporarily moving the selected data to another processing system, making the selected
personal data unavailable to users, or temporarily removing published data from a website.
In automated filing systems, the restriction of processing should in principle be ensured bytechnical means in such a manner that the personal data are not subject to further
processing operations and cannot be changed. The fact that the processing of personal data
is restricted should be clearly indicated in the system.

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(68)

To further strengthen the control over his or her own data, where the processing of
personal data is carried out by automated means, the data subject should also be allowed toreceive personal data concerning him or her which he or she has provided to a controller ina structured, commonly used, machine-readable and interoperable format, and to transmit it
to another controller. Data controllers should be encouraged to develop interoperable
formats that enable data portability. That right should apply where the data subject
provided the personal data on the basis of his or her consent or the processing is necessary
for the performance of a contract. It should not apply where processing is based on a legal
ground other than consent or contract. By its very nature, that right should not be exercised
against controllers processing personal data in the exercise of their public duties. It should
therefore not apply where the processing of the personal data is necessary for compliancewith a legal obligation to which the controller is subject or for the performance of a task
carried out in the public interest or in the exercise of an official authority vested in thecontroller. The data subject's right to transmit or receive personal data concerning him or
her should not create an obligation for the controllers to adopt or maintain processing
systems which are technically compatible. Where, in a certain set of personal data, morethan one data subject is concerned, the right to receive the personal data should be without
prejudice to the rights and freedoms of other data subjects in accordance with thisRegulation. Furthermore, that right should not prejudice the right of the data subject toobtain the erasure of personal data and the limitations of that right as set out in thisRegulation and should, in particular, not imply the erasure of personal data concerning thedata subject which have been provided by him or her for the performance of a contract tothe extent that and for as long as the personal data are necessary for the performance ofthat contract. Where technically feasible, the data subject should have the right to have thepersonal data transmitted directly from one controller to another.

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(69)

Where personal data might lawfully be processed because processing is necessary for the
performance of a task carried out in the public interest or in the exercise of official
authority vested in the controller, or on grounds of the legitimate interests of a controller ora third party, a data subject should, nevertheless, be entitled to object to the processing ofany personal data relating to his or her particular situation. It should be for the controller todemonstrate that its compelling legitimate interest overrides the interests or thefundamental rights and freedoms of the data subject.

(70)

Where personal data are processed for the purposes of direct marketing, the data subject
should have the right to object to such processing, including profiling to the extent that it isrelated to such direct marketing, whether with regard to initial or further processing, at any
time and free of charge. That right should be explicitly brought to the attention of the data
subject and presented clearly and separately from any other information.

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(71)

The data subject should have the right not to be subject to a decision, which may include ameasure, evaluating personal aspects relating to him or her which is based solely on
automated processing and which produces legal effects concerning him or her or similarly
significantly affects him or her, such as automatic refusal of an online credit application or
e-recruiting practices without any human intervention. Such processing includes 'profiling'that consists of any form of automated processing of personal data evaluating the personal
aspects relating to a natural person, in particular to analyse or predict aspects concerning
the data subject's performance at work, economic situation, health, personal preferences orinterests, reliability or behaviour, location or movements, where it produces legal effects
concerning him or her or similarly significantly affects him or her. However,decision-making based on such processing, including profiling, should be allowed where
expressly authorised by Union or Member State law to which the controller is subject,including for fraud and tax-evasion monitoring and prevention purposes conducted inaccordance with the regulations, standards and recommendations of Union institutions or
national oversight bodies and to ensure the security and reliability of a service provided by
the controller, or necessary for the entering or performance of a contract between the data
subject and a controller, or when the data subject has given his or her explicit consent. In
any case, such processing should be subject to suitable safeguards, which should include
specific information to the data subject and the right to obtain human intervention, toexpress his or her point of view, to obtain an explanation of the decision reached after suchassessment and to challenge the decision. Such measure should not concern a child.

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In order to ensure fair and transparent processing in respect of the data subject, taking into
account the specific circumstances and context in which the personal data are processed,
the controller should use appropriate mathematical or statistical procedures for the
profiling, implement technical and organisational measures appropriate to ensure, inparticular, that factors which result in inaccuracies in personal data are corrected and therisk of errors is minimised, secure personal data in a manner that takes account of thepotential risks involved for the interests and rights of the data subject and that prevents,
inter alia, discriminatory effects on natural persons on the basis of racial or ethnic origin,political opinion, religion or beliefs, trade union membership, genetic or health status or
sexual orientation, or that result in measures having such an effect. Automateddecision-making and profiling based on special categories of personal data should beallowed only under specific conditions.
(72)

Profiling is subject to the rules of this Regulation governing the processing of personaldata, such as the legal grounds for processing or data protection principles. The European
Data Protection Board established by this Regulation (the 'Board') should be able to issue
guidance in that context.

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(73)

Restrictions concerning specific principles and concerning the rights of information, accessto and rectification or erasure of personal data and on the right to data portability, the rightto object, decisions based on profiling, as well as on the communication of a personal data
breach to a data subject and on certain related obligations of the controllers may be
imposed by Union or Member State law, as far as necessary and proportionate in a
democratic society to safeguard public security, including the protection of human life
especially in response to natural or man made disasters, the prevention, investigation andprosecution of criminal offences or the execution of criminal penalties, including thesafeguarding against and the prevention of threats to public security, or of breaches of
ethics for regulated professions, other important objectives of general public interest of theUnion or of a Member State, in particular an important economic or financial interest of
the Union or of a Member State, the keeping of public registers kept for reasons of generalpublic interest, further processing of archived personal data to provide specific information
related to the political behaviour under former totalitarian state regimes or the protection of
the data subject or the rights and freedoms of others, including social protection, publichealth and humanitarian purposes. Those restrictions should be in accordance with therequirements set out in the Charter and in the European Convention for the Protection of
Human Rights and Fundamental Freedoms.

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(74)

The responsibility and liability of the controller for any processing of personal data carriedout by the controller or on the controller's behalf should be established. In particular, thecontroller should be obliged to implement appropriate and effective measures and be able
to demonstrate the compliance of processing activities with this Regulation, including theeffectiveness of the measures. Those measures should take into account the nature, scope,
context and purposes of the processing and the risk to the rights and freedoms of natural
persons.

(75)

The risk to the rights and freedoms of natural persons , of varying likelihood and severity,
may result from personal data processing which could lead to physical, material or
non-material damage, in particular: where the processing may give rise to discrimination,
identity theft or fraud, financial loss, damage to the reputation, loss of confidentiality of
personal data protected by professional secrecy, unauthorised reversal ofpseudonymisation, or any other significant economic or social disadvantage; where data
subjects might be deprived of their rights and freedoms or prevented from exercising
control over their personal data; where personal data are processed which reveal racial or
ethnic origin, political opinions, religion or philosophical beliefs, trade-union membership,
and the processing of genetic data, data concerning health or data concerning sex life or
criminal convictions and offences or related security measures; where personal aspects areevaluated, in particular analysing or predicting aspects concerning performance at work,
economic situation, health, personal preferences or interests, reliability or behaviour,
location or movements, in order to create or use personal profiles; where personal data ofvulnerable natural persons, in particular of children, are processed; or where processing
involves a large amount of personal data and affects a large number of data subjects.

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(76)

The likelihood and severity of the risk to the rights and freedoms of the data subject should
be determined by reference to the nature, scope, context and purposes of the processing.
Risk should be evaluated on the basis of an objective assessment, by which it is established
whether data processing operations involve a risk or a high risk.

(77)

Guidance on the implementation of appropriate measures and on the demonstration ofcompliance by the controller or the processor, especially as regards the identification of therisk related to the processing, their assessment in terms of origin, nature, likelihood andseverity, and the identification of best practices to mitigate the risk, could be provided inparticular by means of approved codes of conduct, approved certifications, guidelines
provided by the Board or indications provided by a data protection officer. The Board may
also issue guidelines on processing operations that are considered to be unlikely to result ina high risk to the rights and freedoms of natural persons and indicate what measures may
be sufficient in such cases to address such risk.

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(78)

The protection of the rights and freedoms of natural persons with regard to the processingof personal data require that appropriate technical and organisational measures be taken to
ensure that the requirements of this Regulation are met. In order to be able to demonstratecompliance with this Regulation, the controller should adopt internal policies andimplement measures which meet in particular the principles of data protection by designand data protection by default. Such measures could consist, inter alia, of minimising theprocessing of personal data, pseudonymising personal data as soon as possible,
transparency with regard to the functions and processing of personal data, enabling the data
subject to monitor the data processing, enabling the controller to create and improvesecurity features. When developing, designing, selecting and using applications, services
and products that are based on the processing of personal data or process personal data tofulfil their task, producers of the products, services and applications should be encouraged
to take into account the right to data protection when developing and designing suchproducts, services and applications and, with due regard to the state of the art, to make surethat controllers and processors are able to fulfil their data protection obligations.The
principles of data protection by design and by default should also be taken into
consideration in the context of public tenders.

(79)

The protection of the rights and freedoms of data subjects as well as the responsibility andliability of controllers and processors, also in relation to the monitoring by and measures ofsupervisory authorities, requires a clear allocation of the responsibilities under thisRegulation, including where a controller determines the purposes and means of theprocessing jointly with other controllers or where a processing operation is carried out onbehalf of a controller.

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(80)

Where a controller or a processor not established in the Union is processing personal dataof data subjects who are in the Union whose processing activities are related to the offeringof goods or services, irrespective of whether a payment of the data subject is required, tosuch data subjects in the Union, or to the monitoring of their behaviour as far as their
behaviour takes place within the Union, the controller or the processor should designate a
representative, unless the processing is occasional, does not include processing, on a large
scale, of special categories of personal data or the processing of personal data relating tocriminal convictions and offences, and is unlikely to result in a risk to the rights andfreedoms of natural persons, taking into account the nature, context, scope and purposes ofthe processing or if the controller is a public authority or body. The representative should
act on behalf of the controller or the processor and may be addressed by any supervisory
authority. The representative should be explicitly designated by a written mandate of thecontroller or the processor to act on its behalf with regard to their obligations under thisRegulation. The designation of such representative does not affect the responsibility andliability of the controller or the processor under this Regulation. Such representative should
perform its tasks according to the mandate received from the controller or processor,
including to cooperate with the competent supervisory authorities on any action taken in
ensuring compliance with this Regulation. The designated representative should be subject
to enforcement proceedings in the event of non-compliance by the controller or processor.

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(81)

To ensure compliance with the requirements of this Regulation in respect of the processing
to be carried out by the processor on behalf of the controller, when entrusting a processor
with processing activities, the controller should use only processors providing sufficientguarantees, in particular in terms of expert knowledge, reliability and resources, toimplement technical and organisational measures which will meet the requirements of thisRegulation, including for the security of processing. The adherence of the processor to an
approved code of conduct or an approved certification mechanism may be used as anelement to demonstrate compliance with the obligations of the controller. The carrying-out
of processing by a processor should be governed by a contract or other legal act under
Union or Member State law, binding the processor to the controller, setting out the
subject-matter and duration of the processing, the nature and purposes of the processing,
the type of personal data and categories of data subjects, taking into account the specifictasks and responsibilities of the processor in the context of the processing to be carried out
and the risk to the rights and freedoms of the data subject. The controller and processor
may choose to use an individual contract or standard contractual clauses which are adopted
either directly by the Commission or by a supervisory authority in accordance with theconsistency mechanism and then adopted by the Commission. After the completion of theprocessing on behalf of the controller, the processor should, at the choice of the controller,
return or delete the personal data, unless there is a requirement to store the personal data
under Union or Member State law to which the processor is subject.

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(82)

In order to demonstrate compliance with this Regulation, the controller or processor should
maintain records of processing activities under its responsibility. Each controller andprocessor should be obliged to cooperate with the supervisory authority and make thoserecords, on request, available to it, so that it might serve for monitoring those processing
operations.

(83)

In order to maintain security and to prevent processing in infringement of this Regulation,
the controller or processor should evaluate the risks inherent in the processing andimplement measures to mitigate those risks, such as encryption. Those measures should
ensure an appropriate level of security, including confidentiality, taking into account thestateof the art and the costs of implementation in relation to the risks and the nature of thepersonal data to be protected. In assessing data security risk, consideration should be given
to the risks that are presented by personal data processing, such as accidental or unlawfuldestruction, loss, alteration, unauthorised disclosure of, or access to, personal datatransmitted, stored or otherwise processed which may in particular lead to physical,
material or non-material damage.

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(84)

In order to enhance compliance with this Regulation where processing operations are likely
to result in a high risk to the rights and freedoms of natural persons, the controller should
be responsible for the carrying-out of a data protection impact assessment to evaluate, inparticular, the origin, nature, particularity and severity of that risk. The outcome of theassessment should be taken into account when determining the appropriate measures to betaken in order to demonstrate that the processing of personal data complies with thisRegulation. Where a data-protection impact assessment indicates that processing
operations involve a high risk which the controller cannot mitigate by appropriate
measures in terms of available technology and costs of implementation, a consultation of
the supervisory authority should take place prior to the processing.

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(85)

A personal data breach may, if not addressed in an appropriate and timely manner, result inphysical, material or non-material damage to natural persons such as loss of control overtheir personal data or limitation of their rights, discrimination, identity theft or fraud,financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss ofconfidentiality of personal data protected by professional secrecy or any other significant
economic or social disadvantage to the natural person concerned. Therefore, as soon as thecontroller becomes aware that a personal data breach has occurred, the controller should
notify the personal data breach to the supervisory authority without undue delay and,
where feasible, not later than 72 hours after having become aware of it, unless thecontroller is able to demonstrate, in accordance with the accountability principle, that thepersonal data breach is unlikely to result in a risk to the rights and freedoms of natural
persons. Where such notification cannot be achieved within 72 hours, the reasons for thedelay should accompany the notification and information may be provided in phases
without undue further delay.

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(86)

The controller should communicate to the data subject a personal data breach, without
undue delay, where that personal data breach is likely to result in a high risk to the rights
and freedoms of the natural person in order to allow him or her to take the necessary
precautions. The communication should describe the nature of the personal data breach aswell as recommendations for the natural person concerned to mitigate potential adverse
effects. Such communications to data subjects should be made as soon as reasonably
feasible and in close cooperation with the supervisory authority, respecting guidance
provided by it or by other relevant authorities such as law-enforcement authorities. For
example, the need to mitigate an immediate risk of damage would call for prompt
communication with data subjects whereas the need to implement appropriate measuresagainst continuing or similar personal data breaches may justify more time forcommunication.

(87)

It should be ascertained whether all appropriate technological protection and organisational
measures have been implemented to establish immediately whether a personal data breachhas taken place and to inform promptly the supervisory authority and the data subject. The
fact that the notification was made without undue delay should be established taking into
account in particular the nature and gravity of the personal data breach and its
consequences and adverse effects for the data subject. Such notification may result in anintervention of the supervisory authority in accordance with its tasks and powers laid downin this Regulation.

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(88)

In setting detailed rules concerning the format and procedures applicable to the notificationof personal data breaches, due consideration should be given to the circumstances of thatbreach, including whether or not personal data had been protected by appropriate technicalprotection measures, effectively limiting the likelihood of identity fraud or other forms of
misuse. Moreover, such rules and procedures should take into account the legitimate
interests of law-enforcement authorities where early disclosure could unnecessarily hamper
the investigation of the circumstances of a personal data breach.

(89)

Directive 95/46/EC provided for a general obligation to notify the processing of personal
data to the supervisory authorities. While that obligation produces administrative andfinancial burdens, it did not in all cases contribute to improving the protection of personal
data. Such indiscriminate general notification obligations should therefore be abolished,
and replaced by effective procedures and mechanisms which focus instead on those typesof processing operations which are likely to result in a high risk to the rights and freedomsof natural persons by virtue of their nature, scope, context and purposes. Such types ofprocessing operations may be those which in, particular, involve using new technologies,
or are of a new kind and where no data protection impact assessment has been carried out
before by the controller, or where they become necessary in the light of the time that has
elapsed since the initial processing.

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(90)

In such cases, a data protection impact assessment should be carried out by the controller
prior to the processing in order to assess the particular likelihood and severity of the highrisk, taking into account the nature, scope, context and purposes of the processing and thesources of the risk. That impact assessment should include, in particular, the measures,
safeguards and mechanisms envisaged for mitigating that risk, ensuring the protection of
personal data and demonstrating compliance with this Regulation.

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(91)

This should in particular apply to large-scale processing operations which aim to process aconsiderable amount of personal data at regional, national or supranational level and which
could affect a large number of data subjects and which are likely to result in a high risk, forexample, on account of their sensitivity, where in accordance with the achieved state oftechnological knowledge a new technology is used on a large scale as well as to otherprocessing operations which result in a high risk to the rights and freedoms of data
subjects, in particular where those operations render it more difficult for data subjects toexercise their rights. A data protection impact assessment should also be made where
personal data are processed for taking decisions regarding specific natural persons
following any systematic and extensive evaluation of personal aspects relating to natural
persons based on profiling those data or following the processing of special categories of
personal data, biometric data, or data on criminal convictions and offences or related
security measures. A data protection impact assessment is equally required for monitoring
publicly accessible areas on a large scale, especially when using optic-electronic devices orfor any other operations where the competent supervisory authority considers that theprocessing is likely to result in a high risk to the rights and freedoms of data subjects, inparticular because they prevent data subjects from exercising a right or using a service or acontract, or because they are carried out systematically on a large scale. The processing of
personal data should not be considered to be on a large scale if the processing concerns
personal data from patients or clients by an individual physician, other health care
professional or lawyer. In such cases, a data protection impact assessment should not be
mandatory.

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(92)

There are circumstances under which it may be reasonable and economical for the subjectof a data protection impact assessment to be broader than a single project, for example
where public authorities or bodies intend to establish a common application or processing
platform or where several controllers plan to introduce a common application or processing
environment across an industry sector or segment or for a widely used horizontal activity.

(93)

In the context of the adoption of the Member State law on which the performance of thetasks of the public authority or public body is based and which regulates the specificprocessing operation or set of operations in question, Member States may deem itnecessary to carry out such assessment prior to the processing activities.

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(94)

Where a data protection impact assessment indicates that the processing would, in theabsence of safeguards, security measures and mechanisms to mitigate the risk, result in ahigh risk to the rights and freedoms of natural persons and the controller is of the opinion
that the risk cannot be mitigated by reasonable means in terms of available technologies
and costs of implementation, the supervisory authority should be consulted prior to thestart of processing activities. Such high risk is likely to result from certain types ofprocessing and the extent and frequency of processing, which may result also in arealisation of damage or interference with the rights and freedoms of the natural person.
The supervisory authority should respond to the request for consultation within a specified
period. However, the absence of a reaction of the supervisory authority within that period
should be without prejudice to any intervention of the supervisory authority in accordancewith its tasks and powers laid down in this Regulation, including the power to prohibit
processing operations. As part of that consultation process, the outcome of a dataprotection impact assessment carried out with regard to the processing at issue may besubmitted to the supervisory authority, in particular the measures envisaged to mitigate therisk to the rights and freedoms of natural persons.

(95)

The processor should assist the controller, where necessary and upon request, in ensuring
compliance with the obligations deriving from the carrying out of data protection impact
assessments and from prior consultation of the supervisory authority.

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(96)

A consultation of the supervisory authority should also take place in the course of the
preparation of a legislative or regulatory measure which provides for the processing of
personal data, in order to ensure compliance of the intended processing with thisRegulation and in particular to mitigate the risk involved for the data subject.

(97)

Where the processing is carried out by a public authority, except for courts or independent
judicial authorities when acting in their judicial capacity, where, in the private sector,
processing is carried out by a controller whose core activities consist of processing
operations that require regular and systematic monitoring of the data subjects on a large
scale, or where the core activities of the controller or the processor consist of processing ona large scale of special categories of personal data and data relating to criminal convictions
and offences, a person with expert knowledge of data protection law and practices should
assist the controller or processor to monitor internal compliance with this Regulation. In
the private sector, the core activities of a controller relate to its primary activities and do
not relate to the processing of personal data as ancillary activities. The necessary level ofexpert knowledge should be determined in particular according to the data processing
operations carried out and the protection required for the personal data processed by thecontroller or the processor. Such data protection officers, whether or not they are an
employee of the controller, should be in a position to perform their duties and tasks in an
independent manner.

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(98)

Associations or other bodies representing categories of controllers or processors should be
encouraged to draw up codes of conduct, within the limits of this Regulation, so as tofacilitate the effective application of this Regulation, taking account of the specificcharacteristics of the processing carried out in certain sectors and the specific needs ofmicro, small and medium enterprises. In particular, such codes of conduct could calibrate
the obligations of controllers and processors, taking into account the risk likely to result
from the processing for the rights and freedoms of natural persons.

(99)

When drawing up a code of conduct, or when amending or extending such a code,
associations and other bodies representing categories of controllers or processors should
consult relevant stakeholders, including data subjects where feasible, and have regard tosubmissions received and views expressed in response to such consultations.

(100)

In order to enhance transparency and compliance with this Regulation, the establishment ofcertification mechanisms and data protection seals and marks should be encouraged,
allowing data subjects to quickly assess the level of data protection of relevant products
and services.

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(101)

Flows of personal data to and from countries outside the Union and internationalorganisations are necessary for the expansion of international trade and international
cooperation. The increase in such flows has raised new challenges and concerns withregard to the protection of personal data. However, when personal data are transferredfrom the Union to controllers, processors or other recipients in third countries or tointernational organisations, the level of protection of natural persons ensured in the Union
by this Regulation should not be undermined, including in cases of onward transfers of
personal data from the third country or international organisation to controllers, processors
in the same or another third country or international organisation. In any event, transfers to
third countries and international organisations may only be carried out in full compliancewith this Regulation. A transfer could take place only if, subject to the other provisions of
this Regulation, the conditions laid down in the provisions of this Regulation relating to thetransfer of personal data to third countries or international organisations are complied withby the controller or processor.

(102)

This Regulation is without prejudice to international agreements concluded between theUnion and third countries regulating the transfer of personal data including appropriate
safeguards for the data subjects. Member States may conclude international agreements
which involve the transfer of personal data to third countries or international organisations,as far as such agreements do not affect this Regulation or any other provisions of Union
law and include an appropriate level of protection for the fundamental rights of the data
subjects.

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(103)The Commission may decide with effect for the entire Union that a third country, aterritory or specified sector within a third country, or an international organisation, offers
an adequate level of data protection, thus providing legal certainty and uniformity
throughout the Union as regards the third country or international organisation which isconsidered to provide such level of protection. In such cases, transfers of personal data tothat third country or international organisation may take place without the need to obtainany further authorisation. The Commission may also decide, having given notice and a fullstatement setting out the reasons to the third country or international organisation, torevoke such a decision.

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(104)

In line with the fundamental values on which the Union is founded, in particular theprotection of human rights, the Commission should, in its assessment of the third country,
or of a territory or specified sector within a third country, take into account how aparticular third country respects the rule of law, access to justice as well as international
human rights norms and standards and its general and sectoral law, including legislation
concerning public security, defence and national security as well as public order andcriminal law. The adoption of an adequacy decision with regard to a territory or a specified
sector in a third country should take into account clear and objective criteria, such as
specific processing activities and the scope of applicable legal standards and legislation inforce in the third country. The third country should offer guarantees ensuring an adequatelevel of protection essentially equivalent to that ensured within the Union, in particularwhere personal data are processed in one or several specific sectors. In particular, the third
country should ensure effective independent data protection supervision and should
provide for cooperation mechanisms with the Member States' data protection authorities,
and the data subjects should be provided with effective and enforceable rights and effective
administrative and judicial redress.

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(105)

Apart from the international commitments the third country or international organisation
has entered into, the Commission should take account of obligations arising from the third
country's or international organisation's participation in multilateral or regional systems inparticular in relation to the protection of personal data, as well as the implementation ofsuch obligations. In particular, the third country's accession to the Council of Europe
Convention of 28 January 1981 for the Protection of Individuals with regard to the
Automatic Processing of Personal Data and its Additional Protocol should be taken into
account. The Commission should consult the Board when assessing the level of protectionin third countries or international organisations.

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(106)The Commission should monitor the functioning of decisions on the level of protection in athird country, a territory or specified sector within a third country, or an internationalorganisation, and monitor the functioning of decisions adopted on the basis of Article 25(6)or Article 26(4) of Directive 95/46/EC. In its adequacy decisions, the Commission should
provide for a periodic review mechanism of their functioning. That periodic review should
be conducted in consultation with the third country or international organisation inquestion and take into account all relevant developments in the third country orinternational organisation. For the purposes of monitoring and of carrying out the periodic
reviews, the Commission should take into consideration the views and findings of theEuropean Parliament and of the Council as well as of other relevant bodies and sources.
The Commission should evaluate, within a reasonable time, the functioning of the latter
decisions and report any relevant findings to the Committee within the meaning ofRegulation (EU) No 182/2011 of the European Parliament and of the Council 1 asestablished under this Regulation, to the European Parliament and to the Council.

1

Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning mechanisms forcontrol by Member States of the Commission's exercise of implementing powers (OJ L 55,
28.2.2011, p. 13).

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(107)The Commission may recognise that a third country, a territory or a specified sector withina third country, or an international organisation no longer ensures an adequate level of dataprotection. Consequently the transfer of personal data to that third country or internationalorganisation should be prohibited, unless the requirements in this Regulation relating totransfers subject to appropriate safeguards, including binding corporate rules, andderogations for specific situations are fulfilled. In that case, provision should be made for
consultations between the Commission and such third countries or internationalorganisations. The Commission should, in a timely manner, inform the third country orinternational organisation of the reasons and enter into consultations with it in order toremedy the situation.

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(108)In the absence of an adequacy decision, the controller or processor should take measures tocompensate for the lack of data protection in a third country by way of appropriate
safeguards for the data subject. Such appropriate safeguards may consist of making use ofbinding corporate rules, standard data protection clauses adopted by the Commission,
standard data protection clauses adopted by a supervisory authority or contractual clauses
authorised by a supervisory authority. Those safeguards should ensure compliance withdata protection requirements and the rights of the data subjects appropriate to processing
within the Union, including the availability of enforceable data subject rights and ofeffective legal remedies, including to obtain effective administrative or judicial redress andto claim compensation, in the Union or in a third country. They should relate in particular
to compliance with the general principles relating to personal data processing, theprinciples of data protection by design and by default. Transfers may also be carried out by
public authorities or bodies with public authorities or bodies in third countries or withinternational organisations with corresponding duties or functions, including on the basisof provisions to be inserted into administrative arrangements, such as a memorandum of
understanding, providing for enforceable and effective rights for data subjects.
Authorisation by the competent supervisory authority should be obtained when thesafeguards are provided for in administrative arrangements that are not legally binding.

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(109)The possibility for the controller or processor to use standard data-protection clauses
adopted by the Commission or by a supervisory authority should prevent controllers orprocessors neither from including the standard data-protection clauses in a wider contract,such as a contract between the processor and another processor, nor from adding otherclauses or additional safeguards provided that they do not contradict, directly or indirectly,
the standard contractual clauses adopted by the Commission or by a supervisory authority
or prejudice the fundamental rights or freedoms of the data subjects. Controllers andprocessors should be encouraged to provide additional safeguards via contractual
commitments that supplement standard protection clauses.

(110)

A group of undertakings, or a group of enterprises engaged in a joint economic activity,
should be able to make use of approved binding corporate rules for its internationaltransfers from the Union to organisations within the same group of undertakings, or groupof enterprises engaged in a joint economic activity, provided that such corporate rules
include all essential principles and enforceable rights to ensure appropriate safeguards fortransfers or categories of transfers of personal data.

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(111)

Provisions should be made for the possibility for transfers in certain circumstances where
the data subject has given his or her explicit consent, where the transfer is occasional andnecessary in relation to a contract or a legal claim, regardless of whether in a judicial
procedure or whether in an administrative or any out-of-court procedure, including
procedures before regulatory bodies. Provision should also be made for the possibility fortransfers where important grounds of public interest laid down by Union or Member Statelaw so require or where the transfer is made from a register established by law andintended for consultation by the public or persons having a legitimate interest. In the latter
case, such a transfer should not involve the entirety of the personal data or entire categoriesof the data contained in the register and, when the register is intended for consultation by
persons having a legitimate interest, the transfer should be made only at the request of
those persons or, if they are to be the recipients, taking into full account the interests andfundamental rights of the data subject.

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(112)

Those derogations should in particular apply to data transfers required and necessary forimportant reasons of public interest, for example in cases of international data exchange
between competition authorities, tax or customs administrations, between financial
supervisory authorities, between services competent for social security matters, or for
public health, for example in the case of contact tracing for contagious diseases or in orderto reduce and/or eliminate doping in sport. A transfer of personal data should also be
regarded as lawful where it is necessary to protect an interest which is essential for the data
subject's or another person's vital interests, including physical integrity or life, if the data
subject is incapable of giving consent. In the absence of an adequacy decision, Union orMember State law may, for important reasons of public interest, expressly set limits to thetransfer of specific categories of data to a third country or an international organisation.
Member States should notify such provisions to the Commission. Any transfer to aninternational humanitarian organisation of personal data of a data subject who is physicallyor legally incapable of giving consent, with a view to accomplishing a task incumbent
under the Geneva Conventions or to complying with international humanitarian law
applicable in armed conflicts, could be considered to be necessary for an important reasonof public interest or because it is in the vital interest of the data subject.

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(113)

Transfers which can be qualified as not repetitive and that only concern a limited numberof data subjects, could also be possible for the purposes of the compelling legitimate
interests pursued by the controller, when those interests are not overridden by the interests
or rights and freedoms of the data subject and when the controller has assessed all thecircumstances surrounding the data transfer. The controller should give particularconsideration to the nature of the personal data, the purpose and duration of the proposed
processing operation or operations, as well as the situation in the country of origin, thethird country and the country of final destination, and should provide suitable safeguards toprotect fundamental rights and freedoms of natural persons with regard to the processing of
their personal data. Such transfers should be possible only in residual cases where none ofthe other grounds for transfer are applicable. For scientific or historical research purposesor statistical purposes, the legitimate expectations of society for an increase of knowledge
should be taken into consideration. The controller should inform the supervisory authority
and the data subject about the transfer.

(114)

In any case, where the Commission has taken no decision on the adequate level of dataprotection in a third country, the controller or processor should make use of solutions thatprovide data subjects with enforceable and effective rights as regards the processing of
their data in the Union once those data have been transferred so that that they will continue
to benefit from fundamental rights and safeguards.

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(115)

Some third countries adopt laws, regulations and other legal acts which purport to directly
regulate the processing activities of natural and legal persons under the jurisdiction of theMember States. This may include judgments of courts or tribunals or decisions ofadministrative authorities in third countries requiring a controller or processor to transfer ordisclose personal data, and which are not based on an international agreement, such as amutual legal assistance treaty, in force between the requesting third country and the Union
or a Member State. The extraterritorial application of those laws, regulations and otherlegal acts may be in breach of international law and may impede the attainment of theprotection of natural persons ensured in the Union by this Regulation. Transfers should
only be allowed where the conditions of this Regulation for a transfer to third countries are
met. This may inter alia be the case where the disclosure is necessary for an important
ground of public interest recognised in Union or Member State law to which the controller
is subject.

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(116)

When personal data moves across borders outside the Union it may put at increased risk
the ability of natural persons to exercise data protection rights in particular to protect
themselves from the unlawful use or disclosure of that information. At the same time,supervisory authorities may find that they are unable to pursue complaints or conduct
investigations relating to the activities outside their borders. Their efforts to work together
in the cross-border context may also be hampered by insufficient preventative or remedial
powers, inconsistent legal regimes, and practical obstacles like resource constraints.
Therefore, there is a need to promote closer cooperation among data protection supervisory
authorities to help them exchange information and carry out investigations with theirinternational counterparts. For the purposes of developing international cooperation
mechanisms to facilitate and provide international mutual assistance for the enforcement oflegislation for the protection of personal data, the Commission and the supervisory
authorities should exchange information and cooperate in activities related to the exerciseof their powers with competent authorities in third countries, based on reciprocity and inaccordance with this Regulation.

(117)

The establishment of supervisory authorities in Member States, empowered to performtheir tasks and exercise their powers with complete independence, is an essential
component of the protection of natural persons with regard to the processing of theirpersonal data. Member States should be able to establish more than one supervisory
authority, to reflect their constitutional, organisational and administrative structure.

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(118)The independence of supervisory authorities should not mean that the supervisory
authorities cannot be subject to control or monitoring mechanisms regarding their financial
expenditure or to judicial review.

(119)

Where a Member State establishes several supervisory authorities, it should establish by
law mechanisms for ensuring the effective participation of those supervisory authorities in
the consistency mechanism. That Member State should in particular designate thesupervisory authority which functions as a single contact point for the effective
participation of those authorities in the mechanism, to ensure swift and smooth cooperation
with other supervisory authorities, the Board and the Commission.

(120)

Each supervisory authority should be provided with the financial and human resources,premises and infrastructure necessary for the effective performance of their tasks,
including those related to mutual assistance and cooperation with other supervisory
authorities throughout the Union. Each supervisory authority should have a separate,
public annual budget, which may be part of the overall state or national budget.

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(121)The general conditions for the member or members of the supervisory authority should belaid down by law in each Member State and should in particular provide that thosemembers are to be appointed, by means of a transparent procedure, either by theparliament, government or the head of State of the Member State on the basis of a proposal
from the government, a member of the government, the parliament or a chamber of theparliament, or by an independent body entrusted under Member State law. In order toensure the independence of the supervisory authority, the member or members should act
with integrity, refrain from any action that is incompatible with their duties and should not,during their term of office, engage in any incompatible occupation, whether gainful or not.
The supervisory authority should have its own staff, chosen by the supervisory authority or
an independent body established by Member State law, which should be subject to the
exclusive direction of the member or members of the supervisory authority.

(122)

Each supervisory authority should be competent on the territory of its own Member State
to exercise the powers and to perform the tasks conferred on it in accordance with thisRegulation. This should cover in particular the processing in the context of the activities ofan establishment of the controller or processor on the territory of its own Member State,
the processing of personal data carried out by public authorities or private bodies acting in
the public interest, processing affecting data subjects on its territory or processing carriedout by a controller or processor not established in the Union when targeting data subjects
residing on its territory. This should include handling complaints lodged by a data subject,conducting investigations on the application of this Regulation and promoting publicawareness of the risks, rules, safeguards and rights in relation to the processing of personaldata.

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(123)The supervisory authorities should monitor the application of the provisions pursuant tothis Regulation and contribute to its consistent application throughout the Union, in orderto protect natural persons in relation to the processing of their personal data and to
facilitate the free flow of personal data within the internal market. For that purpose, thesupervisory authorities should cooperate with each other and with the Commission,
without the need for any agreement between Member States on the provision of mutual
assistance or on such cooperation.

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(124)

Where the processing of personal data takes place in the context of the activities of anestablishment of a controller or a processor in the Union and the controller or processor isestablished in more than one Member State, or where processing taking place in thecontext of the activities of a single establishment of a controller or processor in the Union
substantially affects or is likely to substantially affect data subjects in more than one
Member State, the supervisory authority for the main establishment of the controller orprocessor or for the single establishment of the controller or processor should act as leadauthority. It should cooperate with the other authorities concerned, because the controller
or processor has an establishment on the territory of their Member State, because data
subjects residing on their territory are substantially affected, or because a complaint has
been lodged with them. Also where a data subject not residing in that Member State has
lodged a complaint, the supervisory authority with which such complaint has been lodged
should also be a supervisory authority concerned. Within its tasks to issue guidelines on
any question covering the application of this Regulation, the Board should be able to issue
guidelines in particular on the criteria to be taken into account in order to ascertain whether
the processing in question substantially affects data subjects in more than one
Member State and on what constitutes a relevant and reasoned objection.

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(125)The lead authority should be competent to adopt binding decisions regarding measuresapplying the powers conferred on it in accordance with this Regulation. In its capacity as
lead authority, the supervisory authority should closely involve and coordinate thesupervisory authorities concerned in the decision-making process. Where the decision is toreject the complaint by the data subject in whole or in part, that decision should be adopted
by the supervisory authority with which the complaint has been lodged.

(126)

The decision should be agreed jointly by the lead supervisory authority and the supervisory
authorities concerned and should be directed towards the main or single establishment of
the controller or processor and be binding on the controller and processor. The controller
or processor should take the necessary measures to ensure compliance with this Regulationand the implementation of the decision notified by the lead supervisory authority to themain establishment of the controller or processor as regards the processing activities in theUnion.

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(127)

Each supervisory authority not acting as the lead supervisory authority should becompetent to handle local cases where the controller or processor is established in morethan one Member State, but the subject matter of the specific processing concerns only
processing carried out in a single Member State and involves only data subjects in thatsingle Member State, for example, where the subject matter concerns the processing of
employees' personal data in the specific employment context of a Member State. In suchcases, the supervisory authority should inform the lead supervisory authority without delay
about the matter. After being informed, the lead supervisory authority should decide,
whether it will handle the case pursuant to the provision on cooperation between the leadsupervisory authority and other supervisory authorites concerned ('one-stop-shop
mechanism'), or whether the supervisory authority which informed it should handle thecase at local level. When deciding whether it will handle the case, the lead supervisory
authority should take into account whether there is an establishment of the controller orprocessor in the Member State of the supervisory authority which informed it in order toensure effective enforcement of a decision vis-à-vis the controller or processor. Where thelead supervisory authority decides to handle the case, the supervisory authority which
informed it should have the possibility to submit a draft for a decision, of which the leadsupervisory authority should take utmost account when preparing its draft decision in that
one-stop-shop mechanism.

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(128)The rules on the lead supervisory authority and the one-stop-shop mechanism should not
apply where the processing is carried out by public authorities or private bodies in the
public interest. In such cases the only supervisory authority competent to exercise thepowers conferred to it in accordance with this Regulation should be the supervisory
authority of the Member State where the public authority or private body is established.

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(129)In order to ensure consistent monitoring and enforcement of this Regulation throughout theUnion, the supervisory authorities should have in each Member State the same tasks andeffective powers, including powers of investigation, corrective powers and sanctions, andauthorisation and advisory powers, in particular in cases of complaints from natural
persons, and without prejudice to the powers of prosecutorial authorities under
Member State law, to bring infringements of this Regulation to the attention of the judicial
authorities and engage in legal proceedings. Such powers should also include the power toimpose a temporary or definitive limitation, including a ban, on processing. Member States
may specify other tasks related to the protection of personal data under this Regulation.
The powers of supervisory authorities should be exercised in accordance with appropriate
procedural safeguards set out in Union and Member State law, impartially, fairly andwithin a reasonable time. In particular each measure should be appropriate, necessary andproportionate in view of ensuring compliance with this Regulation, taking into account thecircumstances of each individual case, respect the right of every person to be heard before
any individual measure which would affect him or her adversely is taken and avoid
superfluous costs and excessive inconveniences for the persons concerned. Investigatory
powers as regards access to premises should be exercised in accordance with specificrequirements in Member State procedural law, such as the requirement to obtain a prior
judicial authorisation. Each legally binding measure of the supervisory authority should bein writing, be clear and unambiguous, indicate the supervisory authority which has issued
the measure, the date of issue of the measure, bear the signature of the head, or a memberof the supervisory authority authorised by him or her, give the reasons for the measure, andrefer to the right of an effective remedy. This should not preclude additional requirements
pursuant to Member State procedural law. The adoption of a legally binding decision
implies that it may give rise to judicial review in the Member State of the supervisory
authority that adopted the decision.

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(130)

Where the supervisory authority with which the complaint has been lodged is not the leadsupervisory authority, the lead supervisory authority should closely cooperate with thesupervisory authority with which the complaint has been lodged in accordance with theprovisions on cooperation and consistency laid down in this Regulation. In such cases, thelead supervisory authority should, when taking measures intended to produce legal effects,
including the imposition of administrative fines, take utmost account of the view of thesupervisory authority with which the complaint has been lodged and which should remaincompetent to carry out any investigation on the territory of its own Member State in liaison
with the competent supervisory authority.

(131)

Where another supervisory authority should act as a lead supervisory authority for theprocessing activities of the controller or processor but the concrete subject matter of acomplaint or the possible infringement concerns only processing activities of the controller
or processor in the Member State where the complaint has been lodged or the possible
infringement detected and the matter does not substantially affect or is not likely to
substantially affect data subjects in other Member States, the supervisory authority
receiving a complaint or detecting or being informed otherwise of situations that entail
possible infringements of this Regulation should seek an amicable settlement with thecontroller and, if this proves unsuccessful, exercise its full range of powers. This should
include: specific processing carried out in the territory of the Member State of thesupervisory authority or with regard to data subjects on the territory of that Member State;processing that is carried out in the context of an offer of goods or services specifically
aimed at data subjects in the territory of the Member State of the supervisory authority; orprocessing that has to be assessed taking into account relevant legal obligations under
Member State law.

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(132)

Awareness-raising activities by supervisory authorities addressed to the public should
include specific measures directed at controllers and processors, including micro, small
and medium-sized enterprises, as well as natural persons in particular in the educational
context.

(133)

The supervisory authorities should assist each other in performing their tasks and provide
mutual assistance, so as to ensure the consistent application and enforcement of thisRegulation in the internal market. A supervisory authority requesting mutual assistance
may adopt a provisional measure if it receives no response to a request for mutual
assistance within one month of the receipt of that request by the other supervisory
authority.

(134)

Each supervisory authority should, where appropriate, participate in joint operations withother supervisory authorities. The requested supervisory authority should be obliged torespond to the request within a specified time period.

(135)

In order to ensure the consistent application of this Regulation throughout the Union, aconsistency mechanism for cooperation between the supervisory authorities should beestablished. That mechanism should in particular apply where a supervisory authority
intends to adopt a measure intended to produce legal effects as regards processing
operations which substantially affect a significant number of data subjects in several
Member States. It should also apply where any supervisory authority concerned or theCommission requests that such matter should be handled in the consistency mechanism.
That mechanism should be without prejudice to any measures that the Commission may
take in the exercise of its powers under the Treaties.

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(136)

In applying the consistency mechanism, the Board should, within a determined period oftime, issue an opinion, if a majority of its members so decides or if so requested by any
supervisory authority concerned or the Commission. The Board should also be empoweredto adopt legally binding decisions where there are disputes between supervisory
authorities. For that purpose, it should issue, in principle with a two-third majority of its
members, legally binding decisions in clearly specified cases where there are conflicting
views among supervisory authorities, in particular in the cooperation mechanism between
the lead supervisory authority and supervisory authorities concerned on the merits of thecase, in particular whether there is an infringement of this Regulation.

(137)

There may be an urgent need to act in order to protect the rights and freedoms of data
subjects, in particular when the danger exists that the enforcement of a right of a data
subject could be considerably impeded.A supervisory authority should therefore be able toadopt duly justified provisional measures on its territory with a specified period of validity
which should not exceed three months.

(138)

The application of such mechanism should be a condition for the lawfulness of a measureintended to produce legal effects by a supervisory authority in those cases where its
application is mandatory. In other cases of cross-border relevance, the cooperation
mechanism between the lead supervisory authority and supervisory authorities concerned
should be applied and mutual assistance and joint operations might be carried out between
the supervisory authorities concerned on a bilateral or multilateral basis without triggering
the consistency mechanism.

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(139)In order to promote the consistent application of this Regulation, the Board should be set
up as an independent body of the Union. To fulfil its objectives, the Board should havelegal personality. The Board should be represented by its Chair. It should replace theWorking Party on the Protection of Individuals with Regard to the Processing of Personal
Data established by Directive 95/46/EC. It should consist of the head of a supervisory
authority of each Member State and the European Data Protection Supervisor or theirrespective representatives. The Commission should participate in the Board's activities
without voting rights and the European Data Protection Supervisor should have specificvoting rights. The Board should contribute to the consistent application of this Regulation
throughout the Union, including by advising the Commission, in particular on the level ofprotection in third countries or international organisations, and promoting cooperation of
the supervisory authorities throughout the Union. The Board should act independently
when performing its tasks.

(140)

The Board should be assisted by a secretariat provided by the European Data Protection
Supervisor. The staff of the European Data Protection Supervisor involved in carrying out
the tasks conferred on the Board by this Regulation should perform its tasks exclusively
under the instructions of, and report to, the Chair of the Board.

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(141)

Every data subject should have the right to lodge a complaint with a single supervisory
authority, in particular in the Member State of his or her habitual residence, and the right toan effective judicial remedy in accordance with Article 47 of the Charter if the data subject
considers that his or her rights under this Regulation are infringed or where the supervisory
authority does not act on a complaint, partially or wholly rejects or dismisses a complaintor does not act where such action is necessary to protect the rights of the data subject. The
investigation following a complaint should be carried out, subject to judicial review, to theextent that is appropriate in the specific case. The supervisory authority should inform thedata subject of the progress and the outcome of the complaint within a reasonable period. If
the case requires further investigation or coordination with another supervisory authority,intermediate information should be given to the data subject. In order to facilitate thesubmission of complaints, each supervisory authority should take measures such asproviding a complaint submission form which can also be completed electronically,
without excluding other means of communication.

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(142)

Where a data subject considers that his or her rights under this Regulation are infringed, heor she should have the right to mandate a not-for-profit body, organisation or association
which is constituted in accordance with the law of a Member State, has statutory objectives
which are in the public interest and is active in the field of the protection of personal data
to lodge a complaint on his or her behalf with a supervisory authority, exercise the right toa judicial remedy on behalf of data subjects or, if provided for in Member State law,
exercise the right to receive compensation on behalf of data subjects. A Member State may
provide for such a body, organisation or association to have the right to lodge a complaintin that Member State, independently of a data subject's mandate, and the right to aneffective judicial remedy where it has reasons to consider that the rights of a data subject
have been infringed as a result of the processing of personal data which infringes thisRegulation. That body, organisation or association may not be allowed to claim
compensation on a data subject's behalf independently of the data subject's mandate.

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(143)

Any natural or legal person has the right to bring an action for annulment of decisions of
the Board before the Court of Justice under the conditions provided for in
Article 263 TFEU. As addressees of such decisions, the supervisory authorities
concernedwhich wish to challenge them have to bring action within two months of being
notified of them, in accordance with Article 263 TFEU. Where decisions of the Board areof direct and individual concern to a controller, processor or complainant, the latter may
bring an action for annulment against those decisions within two months of their
publication on the website of the Board, in accordance with Article 263 TFEU. Without
prejudice to this right under Article 263 TFEU, each natural or legal person should have aneffective judicial remedy before the competent national court against a decision of asupervisory authority which produces legal effects concerning that person. Such a decision
concerns in particular the exercise of investigative, corrective and authorisation powers by
the supervisory authority or the dismissal or rejection of complaints. However, the right toan effective judicial remedy does not encompass measures taken by supervisory authorities
which are not legally binding, such as opinions issued by or advice provided by thesupervisory authority. Proceedings against a supervisory authority should be brought
before the courts of the Member State where the supervisory authority is established andshould be conducted in accordance with that Member State's procedural law. Those courts
should exercise full jurisdiction, which should include jurisdiction to examine all questionsof fact and law relevant to the dispute before them.

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Where a complaint has been rejected or dismissed by a supervisory authority, thecomplainant may bring proceedings before the courts in the same Member State. In thecontext of judicial remedies relating to the application of this Regulation, national courts
which consider a decision on the question necessary to enable them to give judgment, may,or in the case provided for in Article 267 TFEU, must, request the Court of Justice to givea preliminary ruling on the interpretation of Union law, including this Regulation.
Furthermore, where a decision of a supervisory authority implementing a decision of theBoard is challenged before a national court and the validity of the decision of the Board is
at issue, that national court does not have the power to declare the Board's decision invalid
but must refer the question of validity to the Court of Justice in accordance with
Article 267 TFEU as interpreted by the Court of Justice, where it considers the decision
invalid. However, a national court may not refer a question on the validity of the decisionof the Board at the request of a natural or legal person which had the opportunity to bringan action for annulment of that decision, in particular if it was directly and individuallyconcerned by that decision, but had not done so within the period laid down by
Article 263 TFEU.

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(144)

Where a court seized of proceedings against a decision by a supervisory authority hasreason to believe that proceedings concerning the same processing, such as the same
subject matter as regards processing by the same controller or processor, or the same causeof action, are brought before a competent court in another Member State, it should contactthat court in order to confirm the existence of such related proceedings. If related
proceedings are pending before a court in another Member State, any court other than the
court first seized may stay its proceedings or may, on request of one of the parties, decline
jurisdiction in favour of the court first seized if that court has jurisdiction over theproceedings in question and its law permits the consolidation of such related proceedings.
Proceedings are deemed to be related where they are so closely connected that it isexpedient to hear and determine them together in order to avoid the risk of irreconcilable
judgments resulting from separate proceedings.

(145)

For proceedings against a controller or processor, the plaintiff should have the choice tobring the action before the courts of the Member States where the controller or processor
has an establishment or where the data subject resides, unless the controller is a publicauthority of a Member State acting in the exercise of its public powers.

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(146)

The controller or processor should compensate any damage which a person may suffer as aresult of processing that infringes this Regulation. The controller or processor should be
exempt from liability if it proves that it is not in any way responsible for the damage. The
concept of damage should be broadly interpreted in the light of the case-law of the Court ofJustice in a manner which fully reflects the objectives of this Regulation. This is without
prejudice to any claims for damage deriving from the violation of other rules in Union orMember State law. Processing that infringes this Regulation also includes processing that
infringes delegated and implementing acts adopted in accordance with this Regulation andMember State law specifying rules of this Regulation. Data subjects should receive full andeffective compensation for the damage they have suffered. Where controllers or processors
are involved in the same processing, each controller or processor should be held liable forthe entire damage. However, where they are joined to the same judicial proceedings, inaccordance with Member State law, compensation may be apportioned according to the
responsibility of each controller or processor for the damage caused by the processing,provided that full and effective compensation of the data subject who suffered the damage
is ensured. Any controller or processor which has paid full compensation may
subsequently institute recourse proceedings against other controllers or processors
involved in the same processing.

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Where specific rules on jurisdiction are contained in this Regulation, in particular as(147)

regards proceedings seeking a judicial remedy including compensation, against a controller
or processor, general jurisdiction rules such as those of Regulation (EU) No 1215/2012 of
the European Parliament and of the Council 1 should not prejudice the application of suchspecific rules.
In order to strengthen the enforcement of the rules of this Regulation, penalties including(148)

administrative fines should be imposed for any infringement of this Regulation, in addition
to, or instead of appropriate measures imposed by the supervisory authority pursuant to thisRegulation. In a case of a minor infringement or if the fine likely to be imposed would
constitute a disproportionate burden to a natural person, a reprimand may be issued insteadof a fine. Due regard should however be given to the nature, gravity and duration of theinfringement, the intentional character of the infringement, actions taken to mitigate thedamage suffered, degree of responsibility or any relevant previous infringements, themanner in which the infringement became known to the supervisory authority, compliancewith measures ordered against the controller or processor, adherence to a code of conduct
and any other aggravating or mitigating factor. The imposition of penalties including
administrative fines should be subject to appropriateprocedural safeguards in accordancewith the general principles of Union law and the Charter, including effective judicial
protection and due process.

1

Regulation (EU) No 1215/2012 of the European Parliament and of the Council of
12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil
and commercial matters (OJ L 351, 20.12.2012, p. 1).

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(149)

Member States should be able to lay down the rules on criminal penalties for infringementsof this Regulation, including for infringements of national rules adopted pursuant to andwithin the limits of this Regulation. Those criminal penalties may also allow for thedeprivation of the profits obtained through infringements of this Regulation. However, theimposition of criminal penalties for infringements of such national rules and ofadministrative penalties should not lead to a breach of the principle of ne bis in idem, asinterpreted by the Court of Justice.

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(150)In order to strengthen and harmonise administrative penalties for infringements of thisRegulation, each supervisory authority should have the power to impose administrativefines. This Regulation should indicate infringements and the upper limit and criteria for
fixing the related administrative fines, which should be determined by the competentsupervisory authority in each individual case, taking into account all relevant
circumstances of the specific situation, with due regard in particular to the nature, gravity
and duration of the infringement and of its consequences and the measures taken to ensurecompliance with the obligations under this Regulation and to prevent or mitigate theconsequences of the infringement. Where administrative fines are imposed on anundertaking, an undertaking should be understood to be an undertaking in accordance with
Articles 101 and 102 TFEU for those purposes. Where administrative fines are imposed on
persons that are not an undertaking, the supervisory authority should take account of thegeneral level of income in the Member State as well as the economic situation of theperson in considering the appropriate amount of the fine. The consistency mechanism may
also be used to promote a consistent application of administrative fines. It should be for theMember States to determine whether and to which extent public authorities should be
subject to administrative fines. Imposing an administrative fine or giving a warning does
not affect the application of other powers of the supervisory authorities or of otherpenalties under this Regulation.

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(151)The legal systems of Denmark and Estonia do not allow for administrative fines as set out
in this Regulation. The rules on administrative fines may be applied in such a manner thatin Denmark the fine is imposed by competent national courts as a criminal penalty and in
Estonia the fine is imposed by the supervisory authority in the framework of amisdemeanor procedure, provided that such an application of the rules in thoseMember States has an equivalent effect to administrative fines imposed by supervisory
authorities. Therefore the competent national courts should take into account therecommendation by the supervisory authority initiating the fine. In any event, the fines
imposed should be effective, proportionate and dissuasive.

(152)

Where this Regulation does not harmonise administrative penalties or where necessary inother cases, for example in cases of serious infringements of this Regulation,
Member States should implement a system which provides for effective, proportionate anddissuasive penalties. The nature of such penalties, criminal or administrative, should bedetermined by Member State law.

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(153)

Member States law should reconcile the rules governing freedom of expression andinformation, including journalistic, academic, artistic and or literary expression with theright to the protection of personal data pursuant to this Regulation. The processing of
personal data solely for journalistic purposes, or for the purposes of academic, artistic orliterary expression should be subject to derogations or exemptions from certain provisionsof this Regulation if necessary to reconcile the right to the protection of personal data withthe right to freedom of expression and information, as enshrined in Article 11 of theCharter. This should apply in particular to the processing of personal data in theaudiovisual field and in news archives and press libraries. Therefore, Member Statesshould adopt legislative measures which lay down the exemptions and derogations
necessary for the purpose of balancing those fundamental rights. Member States should
adopt such exemptions and derogations on general principles, the rights of the data subject,
the controller and the processor, the transfer of personal data to third countries orinternational organisations, the independent supervisory authorities, cooperation andconsistency, and specific data-processing situations. Where such exemptions orderogations differ from one Member State to another, the law of the Member State towhich the controller is subject should apply. In order to take account of the importance ofthe right to freedom of expression in every democratic society, it is necessary to interpretnotions relating to that freedom, such as journalism, broadly.

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This Regulation allows the principle of public access to official documents to be taken into

(154)

account when applying this Regulation. Public access to official documents may beconsidered to be in the public interest. Personal data in documents held by a publicauthority or a public body should be able to be publicly disclosed by that authority or body
if the disclosure is provided for by Union or Member State law to which the publicauthority or public body is subject. Such laws should reconcile public access to official
documents and the reuse of public sector information with the right to the protection of
personal data and may therefore provide for the necessary reconciliation with the right tothe protection of personal data pursuant to this Regulation. The reference to publicauthorities and bodies should in that context include all authorities or other bodies coveredby Member State law on public access to documents. Directive 2003/98/EC of theEuropean Parliament and of the Council 1 leaves intact and in no way affects the level ofprotection of natural persons with regard to the processing of personal data under theprovisions of Union and Member State law, and in particular does not alter the obligations
and rights set out in this Regulation. In particular, that Directive should not apply to
documents to which access is excluded or restricted by virtue of the access regimes on the
grounds of protection of personal data, and parts of documents accessible by virtue of
those regimes which contain personal data the re-use of which has been provided for by
law as being incompatible with the law concerning the protection of natural persons withregard to the processing of personal data.

1

Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003
on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).

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(155)

Member State law or collective agreements, including 'works agreements', may provide for
specific rules on the processing of employees' personal data in the employment context, inparticular for the conditions under which personal data in the employment context may beprocessed on the basis of the consent of the employee, the purposes of the recruitment, theperformance of the contract of employment, including discharge of obligations laid down
by law or by collective agreements, management, planning and organisation of work,
equality and diversity in the workplace, health and safety at work, and for the purposes ofthe exercise and enjoyment, on an individual or collective basis, of rights and benefits
related to employment, and for the purpose of the termination of the employment
relationship.

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(156)The processing of personal data for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes should be subject to appropriate
safeguards for the rights and freedoms of the data subject pursuant to this Regulation.
Those safeguards should ensure that technical and organisational measures are in place inorder to ensure, in particular, the principle of data minimisation. The further processing of
personal data for archiving purposes in the public interest, scientific or historical research
purposes or statistical purposes is to be carried out when the controller has assessed thefeasibility to fulfil those purposes by processing data which do not permit or no longer
permit the identification of data subjects, provided that appropriate safeguards exist (suchas, for instance, pseudonymisation of the data). Member States should provide forappropriate safeguards for the processing of personal data for archiving purposes in the
public interest, scientific or historical research purposes or statistical purposes.
Member States should be authorised to provide, under specific conditions and subject toappropriate safeguards for data subjects, specifications and derogations with regard to theinformation requirements and rights to rectification, to erasure, to be forgotten, torestriction of processing, to data portability, and to object when processing personal data
for archiving purposes in the public interest, scientific or historical research purposes or
statistical purposes. The conditions and safeguards in question may entail specificprocedures for data subjects to exercise those rights if this is appropriate in the light of the
purposes sought by the specific processing along with technical and organisational
measures aimed at minimising the processing of personal data in pursuance of the
proportionality and necessity principles. The processing of personal data for scientificpurposes should also comply with other relevant legislation such as on clinical trials.

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(157)

By coupling information from registries, researchers can obtain new knowledge of greatvalue with regard to widespread medical conditions such as cardiovascular disease, cancer
and depression. On the basis of registries, research results can be enhanced, as they draw
on a larger population. Within social science, research on the basis of registries enables
researchers to obtain essential knowledge about the long-term correlation of a number ofsocial conditions such as unemployment and education with other life conditions. Research
results obtained through registries provide solid, high-quality knowledge which canprovide the basis for the formulation and implementation of knowledge-based policy,
improve the quality of life for a number of people and improve the efficiency of social
services. In order to facilitate scientific research, personal data can be processed forscientific research purposes, subject to appropriate conditions and safeguards set out inUnion or Member State law.

(158)

Where personal data are processed for archiving purposes, this Regulation should also
apply to that processing, bearing in mind that this Regulation should not apply to deceased
persons. Public authorities or public or private bodies that hold records of public interest
should be services which, pursuant to Union or Member State law, have a legal obligationto acquire, preserve, appraise, arrange, describe, communicate, promote, disseminate andprovide access to records of enduring value for general public interest. Member Statesshould also be authorised to provide for the further processing of personal data forarchiving purposes, for example with a view to providing specific information related tothe political behaviour under former totalitarian state regimes, genocide, crimes against
humanity, in particular the Holocaust, or war crimes.

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(159)

Where personal data are processed for scientific research purposes, this Regulation should
also apply to that processing. For the purposes of this Regulation, the processing of
personal data for scientific research purposes should be interpreted in a broad mannerincluding for example technological development and demonstration, fundamental
research, applied research and privately funded research. In addition, it should take into
account the Union's objective under Article 179(1) TFEU of achieving a European
Research Area. Scientific research purposes should also include studies conducted in the
public interest in the area of public health. To meet the specificities of processing personal
data for scientific research purposes, specific conditions should apply in particular as
regards the publication or otherwise disclosure of personal data in the context of scientificresearch purposes. If the result of scientific research in particular in the health context
gives reason for further measures in the interest of the data subject, the general rules of thisRegulation should apply in view of those measures.
Where personal data are processed for historical research purposes, this Regulation should(160)

also apply to that processing. This should also include historical research and research forgenealogical purposes, bearing in mind that this Regulation should not apply to deceased
persons.
For the purpose of consenting to the participation in scientific research activities in clinical(161)

trials, the relevant provisions of Regulation (EU) No 536/2014 of the European Parliamentand of the Council 1 should apply.

1

Regulation (EU) No 536/2014 of the European Parliament and of the Council of
16 April 2014 on clinical trials on medicinal products for human use, and repealing
Directive 2001/20/EC (OJ L 158, 27.5.2014, p. 1).

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Where personal data are processed for statistical purposes, this Regulation should apply to(162)that processing. Union or Member State law should, within the limits of this Regulation,
determine statistical content, control of access, specifications for the processing of personal
data for statistical purposes and appropriate measures to safeguard the rights and freedomsof the data subject and for ensuring statistical confidentiality. Statistical purposes mean any
operation of collection and the processing of personal data necessary for statistical surveys
or for the production of statistical results. Those statistical results may further be used for
different purposes, including a scientific research purpose. The statistical purpose implies
that the result of processing for statistical purposes is not personal data, but aggregate data,
and that this result or the personal data are not used in support of measures or decisions
regarding any particular natural person.
The confidential information which the Union and national statistical authorities collect for(163)

the production of official European and official national statistics should be protected.
European statistics should be developed, produced and disseminated in accordance withthe statistical principles as set out in Article 338(2) TFEU, while national statistics should
also comply with Member State law. Regulation (EC) No 223/2009 of the European
Parliament and of the Council 1 provides further specifications on statistical confidentiality
for European statistics.

1

Regulation (EC) No 223/2009 of the European Parliament and of the Council of
11 March 2009 on European statistics and repealing Regulation (EC, Euratom)
No 1101/2008 of the European Parliament and of the Council on the transmission of data
subject to statistical confidentiality to the Statistical Office of the European Communities,
Council Regulation (EC) No 322/97 on Community Statistics, and Council
Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of
the European Communities (OJ L 87, 31.3.2009, p. 164).

5419/16

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(164)As regards the powers of the supervisory authorities to obtain from the controller orprocessor access to personal data and access to their premises, Member States may adopt
by law, within the limits of this Regulation, specific rules in order to safeguard theprofessional or other equivalent secrecy obligations, in so far as necessary to reconcile theright to the protection of personal data with an obligation of professional secrecy. This iswithout prejudice to existing Member State obligations to adopt rules on professionalsecrecy where required by Union law.

(165)

This Regulation respects and does not prejudice the status under existing constitutional lawof churches and religious associations or communities in the Member States, as recognised
in Article 17 TFEU.

(166)

In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights
and freedoms of natural persons and in particular their right to the protection of personal
data and to ensure the free movement of personal data within the Union, the power toadopt acts in accordance with Article 290 TFEU should be delegated to the Commission.
In particular, delegated acts should be adopted in respect of criteria and requirements forcertification mechanisms, information to be presented by standardised icons andprocedures for providing such icons. It is of particular importance that the Commission
carry out appropriate consultations during its preparatory work, including at expert level.
The Commission, when preparing and drawing-up delegated acts, should ensure asimultaneous, timely and appropriate transmission of relevant documents to the European
Parliament and to the Council.

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(167)In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission when provided for by thisRegulation. Those powers should be exercised in accordance with Regulation (EU)No 182/2011. In that context, the Commission should consider specific measures for
micro, small and medium-sized enterprises.

(168)

The examination procedure should be used for the adoption of implementing acts onstandard contractual clauses between controllers and processors and between processors;codes of conduct; technical standards and mechanisms for certification; the adequate levelof protection afforded by a third country, a territory or a specified sector within that third
country, or an international organisation; standard protection clauses; formats andprocedures for the exchange of information by electronic means between controllers,
processors and supervisory authorities for binding corporate rules; mutual assistance; andarrangements for the exchange of information by electronic means between supervisory
authorities, and between supervisory authorities and the Board.

(169)

The Commission should adopt immediately applicable implementing acts where available
evidence reveals that a third country, a territory or a specified sector within that third
country, or an international organisation does not ensure an adequate level of protection,and imperative grounds of urgency so require.

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(170)

Since the objective of this Regulation, namely to ensure an equivalent level of protectionof natural persons and the free flow of personal data throughout the Union, cannot be
sufficiently achieved by the Member States and can rather, by reason of the scale or effectsof the action, be better achieved at Union level, the Union may adopt measures, inaccordance with the principle of subsidiarity as set out in Article 5 of the Treaty on
European Union (TEU). In accordance with the principle of proportionality as set out inthat Article, this Regulation does not go beyond what is necessary in order to achieve that
objective.

(171)

Directive 95/46/EC should be repealed by this Regulation. Processing already under way
on the date of application of this Regulation should be brought into conformity with thisRegulation within the period of two years after which this Regulation enters into force.
Where processing is based on consent pursuant to Directive 95/46/EC, it is not necessary
for the data subject to give his or her consent again if the manner in which the consent has
been given is in line with the conditions of this Regulation, so as to allow the controller tocontinue such processing after the date of application of this Regulation. Commission
decisions adopted and authorisations by supervisory authorities based on
Directive 95/46/EC remain in force until amended, replaced or repealed.

(172)

The European Data Protection Supervisor was consulted in accordance with Article 28(2)of Regulation (EC) No 45/2001 and delivered an opinion on 7 March 2012 1.

1

OJ C 192, 30.6.2012, p. 7.

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(173)

This Regulation should apply to all matters concerning the protection of fundamental rights
and freedoms vis-à-vis the processing of personal data which are not subject to specificobligations with the same objective set out in Directive 2002/58/EC of the European
Parliament and of the Council 1, including the obligations on the controller and the rights ofnatural persons. In order to clarify the relationship between this Regulation and
Directive 2002/58/EC, that Directive should be amended accordingly. Once thisRegulation is adopted, Directive 2002/58/EC should be reviewed in particular in order toensure consistency with this Regulation,

HAVE ADOPTED THIS REGULATION:

1

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002
concerning the processing of personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic communications) (OJ L 201,
31.7.2002, p. 37).

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CHAPTER I
GENERAL PROVISIONS

Article 1
Subject-matter and objectives
1.

This Regulation lays down rules relating to the protection of natural persons with regard to
the processing of personal data and rules relating to the free movement of personal data.

2.

This Regulation protects fundamental rights and freedoms of natural persons and inparticular their right to the protection of personal data.

3.

The free movement of personal data within the Union shall be neither restricted nor
prohibited for reasons connected with the protection of natural persons with regard to theprocessing of personal data.
Article 2
Material scope

1.

This Regulation applies to the processing of personal data wholly or partly by automatedmeans 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.

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2.

This Regulation does not apply to the processing of personal data:(a)in the course of an activity which falls outside the scope of Union law;(b)by the Member States when carrying out activities which fall within the scope ofChapter 2 of Title V of the TEU;(c)by a natural person in the course of a purely personal or household activity;(d)by competent authorities for the purposes of the prevention, investigation, detection
or prosecution of criminal offences, the execution of criminal penalties, including thesafeguarding against and the prevention of threats to public security.

3.

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 andrules of this Regulation in accordance with Article 98.

4.

This Regulation shall be without prejudice to the application of Directive 2000/31/EC, inparticular of the liability rules of intermediary service providers in Articles 12 to 15 of that
Directive.

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Article 3
Territorial scope
1.

This Regulation applies to the processing of personal data in the context of the activities ofan establishment of a controller or a processor in the Union, regardless of whether theprocessing takes place in the Union or not.

2.

This Regulation applies to the processing of personal data of data subjects who are in theUnion by a controller or processor not established in the Union, where the processing
activities are related to:(a)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(b)the monitoring of their behaviour as far as their behaviour takes place within theUnion.

3.

This Regulation applies to the processing of personal data by a controller not established in
the Union, but in a place where Member State law applies by virtue of public internationallaw.

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Article 4
Definitions
For the purposes of this Regulation:(1)'personal data' means any information relating to an identified or identifiable natural person('data subject'); an identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an identification
number, location data, an online identifier or to one or more factors specific to thephysical, physiological, genetic, mental, economic, cultural or social identity of that natural
person;(2)'processing' means any operation or set of operations which is performed on personal dataor on sets of personal data, whether or not by automated means, such as collection,
recording, organisation, structuring, storage, adaptation or alteration, retrieval,consultation, use, disclosure by transmission, dissemination or otherwise making available,alignment or combination, restriction, erasure or destruction;(3)'restriction of processing' means the marking of stored personal data with the aim oflimiting their processing in the future;(4)'profiling' means any form of automated processing of personal data consisting of the useof personal data to evaluate certain personal aspects relating to a natural person, inparticular to analyse or predict aspects concerning that natural person's performance atwork, economic situation, health, personal preferences, interests, reliability, behaviour,
location or movements;

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(5)

'pseudonymisation' means the processing of personal data in such a manner that thepersonal data can no longer be attributed to a specific data subject without the use ofadditional information, provided that such additional information is kept separately and issubject to technical and organisational measures to ensure that the personal data are not
attributed to an identified or identifiable natural person;(6)'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;(7)'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 beprovided for by Union or Member State law;(8)

'processor' means a natural or legal person, public authority, agency or other body which
processes personal data on behalf of the controller;(9)'recipient' means a natural or legal person, public authority, agency or another body, towhich the personal data are disclosed, whether a third party or not. However, publicauthorities which may receive personal data in the framework of a particular inquiry inaccordance with Union or Member State law shall not be regarded as recipients; theprocessing of those data by those public authorities shall be in compliance with theapplicable data protection rules according to the purposes of the processing;5419/16

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(10)

'third party' means a natural or legal person, public authority, agency or body other than thedata subject, controller, processor and persons who, under the direct authority of thecontroller or processor, are authorised to process personal data;(11)'consent' of the data subject means any freely given, specific, informed and unambiguous
indication of the data subject's wishes by which he or she, by a statement or by a clear
affirmative action, signifies agreement to the processing of personal data relating to him or
her;

(12)

'personal data breach' means a breach of security leading to the accidental or unlawfuldestruction, loss, alteration, unauthorised disclosure of, or access to, personal datatransmitted, stored or otherwise processed;(13)'genetic data' means personal data relating to the inherited or acquired genetic
characteristics of a natural person which give unique information about the physiology or
the health of that natural person and which result, in particular, from an analysis of abiological sample from the natural person in question;(14)'biometric data' means personal data resulting from specific technical processing relating to
the physical, physiological or behavioural characteristics of a natural person, which allow
or confirm the unique identification of that natural person, such as facial images or
dactyloscopic data;5419/16

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(15)

'data concerning health' means personal data related to the physical or mental health of anatural person, including the provision of health care services, which reveal information
about his or her health status;(16)'main establishment' means:(a)as regards a controller with establishments in more than one Member State, the placeof its central administration in the Union, unless the decisions on the purposes andmeans of the processing of personal data are taken in another establishment of thecontroller in the Union and the latter establishment has the power to have suchdecisions implemented, in which case the establishment having taken such decisions
is to be considered to be the main establishment;(b)

as regards a processor with establishments in more than one Member State, the placeof its central administration in the Union, or, if the processor has no central
administration in the Union, the establishment of the processor in the Union where
the main processing activities in the context of the activities of an establishment of
the processor take place to the extent that the processor is subject to specificobligations under this Regulation;(17)'representative' means a natural or legal person established in the Union who, designatedby the controller or processor in writing pursuant to Article 27, represents the controller orprocessor with regard to their respective obligations under this Regulation;

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(18)

'enterprise' means a natural or legal person engaged in an economic activity, irrespective of
its legal form, including partnerships or associations regularly engaged in an economic
activity;(19)'group of undertakings' means a controlling undertaking and its controlled undertakings;(20)'binding corporate rules' means personal data protection policies which are adhered to by acontroller or processor established on the territory of a Member State for transfers or a setof 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;(21)'supervisory authority' means an independent public authority which is established by aMember State pursuant to Article 51;(22)'supervisory authority concerned' means a supervisory authority which is concerned by theprocessing of personal data because:(a)the controller or processor is established on the territory of the Member State of thatsupervisory authority;(b)data subjects residing in the Member State of that supervisory authority aresubstantially affected or likely to be substantially affected by the processing; or(c)a complaint has been lodged with that supervisory authority;5419/16

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(23)

'cross-border processing' means either:(a)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 theUnion where the controller or processor is established in more than one
Member State; or(b)processing of personal data which takes place in the context of the activities of asingle establishment of a controller or processor in the Union but which substantiallyaffects or is likely to substantially affect data subjects in more than one
Member State.

(24)'relevant and reasoned objection' means an objection as to whether there is an infringementof this Regulation or not, or whether the envisaged action in relation to the controller orprocessor complies with this Regulation, which clearly demonstrates the significance of therisks 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;(25)'information society service' means a service as defined in point (b) of Article 1(1) of
Directive (EU) 2015/1535 of the European Parliament and of the Council 1;(26)'international organisation' means an organisation and its subordinate bodies governed bypublic international law, or any other body which is set up by, or on the basis of, anagreement between two or more countries.

1

Directive (EU) 2015/1535 of the European Parliament and of the Council of
9 September 2015 laying down a procedure for the provision of information in the field oftechnical regulations and of rules on Information Society services (OJ L 241, 17.9.2015,p. 1).

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CHAPTER II
PRINCIPLESArticle 5
Principles relating to processing of personal data
1.

Personal data shall be:(a)processed lawfully, fairly and in a transparent manner in relation to the data subject('lawfulness, fairness and transparency');(b)collected for specified, explicit and legitimate purposes and not further processed in amanner that is incompatible with those purposes; further processing for archiving
purposes in the public interest, scientific or historical research purposes or statistical
purposes shall, in accordance with Article 89(1), not be considered to beincompatible with the initial purposes ('purpose limitation');(c)adequate, relevant and limited to what is necessary in relation to the purposes forwhich they are processed ('data minimisation');(d)accurate and, where necessary, kept up to date; every reasonable step must be taken
to ensure that personal data that are inaccurate, having regard to the purposes forwhich they are processed, are erased or rectified without delay ('accuracy');

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(e)

kept in a form which permits identification of data subjects for no longer than isnecessary 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 purposesor statistical purposes in accordance with Article 89(1) subject to implementation of
the appropriate technical and organisational measures required by this Regulation inorder to safeguard the rights and freedoms of the data subject ('storage limitation');(f)processed in a manner that ensures appropriate security of the personal data,
including protection against unauthorised or unlawful processing and against
accidental loss, destruction or damage, using appropriate technical or organisational
measures ('integrity and confidentiality').

2.

The controller shall be responsible for, and be able to demonstrate compliance with,paragraph 1 ('accountability').
Article 6
Lawfulness of processing

1.

Processing shall be lawful only if and to the extent that at least one of the following
applies:(a)the data subject has given consent to the processing of his or her personal data forone or more specific purposes;

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(b)

processing is necessary for the performance of a contract to which the data subject isparty or in order to take steps at the request of the data subject prior to entering into acontract;(c)

processing is necessary for compliance with a legal obligation to which the controller
is subject;(d)processing is necessary in order to protect the vital interests of the data subject or ofanother natural person;(e)processing is necessary for the performance of a task carried out in the public interest
or in the exercise of official authority vested in the controller;(f)processing is necessary for the purposes of the legitimate interests pursued by thecontroller or by a third party, except where such interests are overridden by theinterests or fundamental rights and freedoms of the data subject which require
protection of personal data, in particular where the data subject is a child.

Point (f) of the first subparagraph shall not apply to processing carried out by publicauthorities in the performance of their tasks.
2.

Member States may maintain or introduce more specific provisions to adapt the applicationof the rules of this Regulation with regard to processing for compliance with points (c)and (e) of paragraph 1 by determining more precisely specific requirements for theprocessing and other measures to ensure lawful and fair processing including for otherspecific processing situations as provided for in Chapter IX.

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3.

The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid
down by:(a)Union law; or(b)

Member State law to which the controller is subject.

The purpose of the processing shall be determined in that legal basis or, as regards theprocessing referred to in point (e) of paragraph 1, shall be necessary for the performance ofa task carried out in the public interest or in the exercise of official authority vested in thecontroller. That legal basis may contain specific provisions to adapt the application of rulesof this Regulation, inter alia: the general conditions governing the lawfulness of processing
by the controller; the types of data which are subject to the processing; the data subjects
concerned; the entities to, and the purposes for which, the personal data may be disclosed;
the purpose limitation; storage periods; and processing operations and processing
procedures, including measures to ensure lawful and fair processing such as those for otherspecific processing situations as provided for in Chapter IX. The Union or theMember State law shall meet an objective of public interest and be proportionate to thelegitimate aim pursued.

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4.

Where the processing for a purpose other than that for which the personal data have beencollected is not based on the data subject's consent or on a Union or Member State law
which constitutes a necessary and proportionate measure in a democratic society tosafeguard the objectives referred to in Article 23(1), the controller shall, in order toascertain whether processing for another purpose is compatible with the purpose for which
the personal data are initially collected, take into account, inter alia:(a)any link between the purposes for which the personal data have been collected andthe purposes of the intended further processing;(b)

the context in which the personal data have been collected, in particular regarding therelationship between data subjects and the controller;(c)the nature of the personal data, in particular whether special categories of personal
data are processed, pursuant to Article 9, or whether personal data related to criminal
convictions and offences are processed, pursuant to Article 10;(d)the possible consequences of the intended further processing for data subjects;(e)the existence of appropriate safeguards, which may include encryption or
pseudonymisation.

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Article 7
Conditions for consent
1.

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

2.

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 isclearly 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 aninfringement of this Regulation shall not be binding.

3.

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 shallbe as easy to withdraw consent as to give it.

4.

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 conditionalon consent to the processing of personal data that is not necessary for the performance ofthat contract.

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Article 8
Conditions applicable to child's consent
in relation to information society services
1.

Where point (a) of Article 6(1) applies, in relation to the offer of information society
services directly to a child, the processing of the personal data of a child shall be lawful
where the child is at least 16 years old. Where the child is below the age of 16 years, suchprocessing 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.

2.

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.

3.

Paragraph 1 shall not affect the general contract law of Member States such as the rules on
the validity, formation or effect of a contract in relation to a child.

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Article 9
Processing of special categories of personal data
1.

Processing of personal data revealing racial or ethnic origin, political opinions, religious orphilosophical beliefs, or trade-union membership, and the processing of genetic data,
biometric data for the purpose of uniquely identifying a natural person, data concerning
health or data concerning a natural person's sex life or sexual orientation shall be
prohibited.

2.

Paragraph 1 shall not apply if one of the following applies:(a)the data subject has given explicit consent to the processing of those personal datafor one or more specified purposes, except where Union or Member State law
provide that the prohibition referred to in paragraph 1 may not be lifted by the data
subject;(b)

processing is necessary for the purposes of carrying out the obligations andexercising specific rights of the controller or of the data subject in the field of
employment and social security and social protection law in so far as it is authorised
by Union or Member State law or a collective agreement pursuant to Member Statelaw providing for appropriate safeguards for the fundamental rights and the interestsof the data subject;5419/16

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(c)

processing is necessary to protect the vital interests of the data subject or of anothernatural person where the data subject is physically or legally incapable of giving
consent;(d)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 apolitical, philosophical, religious or trade-union aim and on condition that theprocessing relates solely to the members or to former members of the body or topersons who have regular contact with it in connection with its purposes and that thepersonal data are not disclosed outside that body without the consent of the data
subjects;(e)

processing relates to personal data which are manifestly made public by the data
subject;(f)

processing is necessary for the establishment, exercise or defence of legal claims orwhenever courts are acting in their judicial capacity;(g)processing is necessary for reasons of substantial public interest, on the basis ofUnion 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 specificmeasures to safeguard the fundamental rights and the interests of the data subject;5419/16

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(h)

processing is necessary for the purposes of preventive or occupational medicine, forthe assessment of the working capacity of the employee, medical diagnosis, theprovision of health or social care or treatment or the management of health or social
care systems and services on the basis of Union or Member State law or pursuant tocontract with a health professional and subject to the conditions and safeguards
referred to in paragraph 3;(i)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 highstandards of quality and safety of health care and of medicinal products or medical
devices, on the basis of Union or Member State law which provides for suitable andspecific measures to safeguard the rights and freedoms of the data subject, inparticular professional secrecy; or(j)processing is necessary for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes in accordance with Article 89(1)based on Union or Member State law which shall be proportionate to the aim
pursued, respect the essence of the right to data protection and provide for suitable
and specific measures to safeguard the fundamental rights and the interests of thedata subject.

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3.

Personal data referred to in paragraph 1 may be processed for the purposes referred to inpoint (h) of paragraph 2 when those data are processed by or under the responsibility of aprofessional subject to the obligation of professional secrecy under Union or Member Statelaw or rules established by national competent bodies or by another person also subject toan obligation of secrecy under Union or Member State law or rules established by national
competent bodies.

4.

Member States may maintain or introduce further conditions, including limitations, withregard to the processing of genetic data, biometric data or data concerning health.
Article 10
Processing of personal data relating to criminal convictions and offences

Processing of personal data relating to criminal convictions and offences or related security
measures based on Article 6(1) shall be carried out only under the control of official authority or
when the processing is authorised by Union or Member State law providing for appropriate
safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal
convictions shall be kept only under the control of official authority.

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Article 11
Processing which does not require identification
1.

If the purposes for which a controller processes personal data do not or do no longer
require the identification of a data subject by the controller, the controller shall not be
obliged to maintain, acquire or process additional information in order to identify the data
subject for the sole purpose of complying with this Regulation.

2.

Where, in cases referred to in paragraph 1 of this Article, the controller is able todemonstrate that it is not in a position to identify the data subject, the controller shallinform the data subject accordingly, if possible. In such cases, Articles 15 to 20 shall not
apply except where the data subject, for the purpose of exercising his or her rights underthose articles, provides additional information enabling his or her identification.

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CHAPTER III
RIGHTS OF THE DATA SUBJECTSECTION 1
TRANSPARENCY AND MODALITIESArticle 12
Transparent information, communication and modalities
for the exercise of the rights of the data subject
1.

The controller shall take appropriate measures to provide any information referred to in
Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating toprocessing to the data subject in a concise, transparent, intelligible and easily accessible
form, using clear and plain language, in particular for any information addressed
specifically to a child. The information shall be provided in writing, or by other means,including, where appropriate, by electronic means. When requested by the data subject, theinformation may be provided orally, provided that the identity of the data subject is provenby other means.

2.

The controller shall facilitate the exercise of data subject rights under Articles 15 to 22. In
the cases referred to in Article 11(2), the controller shall not refuse to act on the request of
the data subject for exercising his or her rights under Articles 15 to 22, unless thecontroller demonstrates that it is not in a position to identify the data subject.

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3.

The controller shall provide information on action taken on a request under Articles 15
to 22 to the data subject without undue delay and in any event within one month of receiptof the request. That period may be extended by two further months where necessary, taking
into account the complexity and number of the requests. The controller shall inform thedata subject of any such extension within one month of receipt of the request, together withthe 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, unlessotherwise requested by the data subject.

4.

If the controller does not take action on the request of the data subject, the controller shallinform the data subject without delay and at the latest within one month of receipt of therequest of the reasons for not taking action and on the possibility of lodging a complaint
with a supervisory authority and seeking a judicial remedy.

5.

Information provided under Articles 13 and 14 and any communication and any actions
taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests froma data subject are manifestly unfounded or excessive, in particular because of theirrepetitive character, the controller may either:(a)charge a reasonable fee taking into account the administrative costs of providing theinformation or communication or taking the action requested; or(b)refuse to act on the request.

The controller shall bear the burden of demonstrating the manifestly unfounded orexcessive character of the request.

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6.

Without prejudice to Article 11, where the controller has reasonable doubts concerning theidentity of the natural person making the request referred to in Articles 15 to 21, thecontroller may request the provision of additional information necessary to confirm theidentity of the data subject.

7.

The information to be provided to data subjects pursuant to Articles 13 and 14 may beprovided in combination with standardised icons in order to give in an easily visible,
intelligible and clearly legible manner a meaningful overview of the intended processing.
Where the icons are presented electronically they shall be machine-readable.

8.

The Commission shall be empowered to adopt delegated acts in accordance with Article 92
for the purpose of determining the information to be presented by the icons and theprocedures for providing standardised icons.

SECTION 2
INFORMATION AND ACCESS TO PERSONAL DATA

Article 13
Information to be provided where personal data are collected from the data subject
1.

Where personal data relating to a data subject are collected from the data subject, thecontroller shall, at the time when personal data are obtained, provide the data subject withall of the following information:(a)the identity and the contact details of the controller and, where applicable, of thecontroller's representative;

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(b)

the contact details of the data protection officer, where applicable;(c)the purposes of the processing for which the personal data are intended as well as thelegal basis for the processing;(d)where the processing is based on point (f) of Article 6(1), the legitimate interests
pursued by the controller or by a third party;(e)the recipients or categories of recipients of the personal data, if any;(f)where applicable, the fact that the controller intends to transfer personal data to athird country or international organisation and the existence or absence of anadequacy decision by the Commission, or in the case of transfers referred to in
Article 46 or 47, or the second subparagraph of Article 49(1), reference to theappropriate or suitable safeguards and the means by which to obtain a copy of themor where they have been made available.

2.

In addition to the information referred to in paragraph 1, the controller shall, at the time
when personal data are obtained, provide the data subject with the following further
information necessary to ensure fair and transparent processing:(a)the period for which the personal data will be stored, or if that is not possible, thecriteria used to determine that period;5419/16

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(b)

the existence of the right to request from the controller access to and rectification or
erasure of personal data or restriction of processing concerning the data subject or to
object to processing as well as the right to data portability;(c)where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2),the existence of the right to withdraw consent at any time, without affecting thelawfulness of processing based on consent before its withdrawal;(d)the right to lodge a complaint with a supervisory authority;(e)whether the provision of personal data is a statutory or contractual requirement, or arequirement necessary to enter into a contract, as well as whether the data subject isobliged to provide the personal data and of the possible consequences of failure toprovide such data;(f)the existence of automated decision-making, including profiling, referred to in
Article 22(1) and (4) and, at least in those cases, meaningful information about thelogic involved, as well as the significance and the envisaged consequences of suchprocessing for the data subject.

3.

Where the controller intends to further process the personal data for a purpose other thanthat for which the personal data were collected, the controller shall provide the data subject
prior to that further processing with information on that other purpose and with any
relevant further information as referred to in paragraph 2.

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4.

Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has theinformation.
Article 14
Information to be provided where personal data have not been obtained from the data subject

1.

Where personal data have not been obtained from the data subject, the controller shallprovide the data subject with the following information:(a)the identity and the contact details of the controller and, if any, of the controller's
representative;(b)

the contact details of the data protection officer, where applicable;(c)the purposes of the processing for which the personal data are intended as well as thelegal basis for the processing;(d)the categories of personal data concerned;(e)the recipients or categories of recipients of the personal data, where applicable;(f)where applicable, that the controller intends to transfer personal data to a recipient ina third country or international organisation and the existence or absence of anadequacy decision by the Commission, or in the case of transfers referred to in
Article 46 or 47, or the second subparagraph of Article 49(1), reference to theappropriate or suitable safeguards and the means to obtain a copy of them or where
they have been made available.

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2.

In addition to the information referred to in paragraph 1, the controller shall provide thedata subject with the following information necessary to ensure fair and transparent
processing in respect of the data subject:(a)the period for which the personal data will be stored, or if that is not possible, thecriteria used to determine that period;(b)where the processing is based on point (f) of Article 6(1), the legitimate interests
pursued by the controller or by a third party;(c)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 andto object to processing as well as the right to data portability;(d)where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), theexistence of the right to withdraw consent at any time, without affecting thelawfulness of processing based on consent before its withdrawal;(e)the right to lodge a complaint with a supervisory authority;(f)from which source the personal data originate, and if applicable, whether it camefrom publicly accessible sources;(g)the existence of automated decision-making, including profiling, referred to in
Article 22(1) and (4) and, at least in those cases, meaningful information about thelogic involved, as well as the significance and the envisaged consequences of suchprocessing for the data subject.

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3.

The controller shall provide the information referred to in paragraphs 1 and 2:(a)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;(b)

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

4.

Where the controller intends to further process the personal data for a purpose other thanthat for which the personal data were obtained, the controller shall provide the data subject
prior to that further processing with information on that other purpose and with any
relevant further information as referred to in paragraph 2.

5.

Paragraphs 1 to 4 shall not apply where and insofar as:(a)the data subject already has the information;

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(b)

the provision of such information proves impossible or would involve a
disproportionate effort, in particular for processing for archiving purposes in the
public interest, scientific or historical research purposes or statistical purposes,
subject to the conditions and safeguards referred to in Article 89(1) or in so far as theobligation referred to in paragraph 1 of this Article is likely to render impossible orseriously impair the achievement of the objectives of that processing. In such cases
the controller shall take appropriate measures to protect the data subject's rights andfreedoms and legitimate interests, including making the information publicly
available;(c)obtaining or disclosure is expressly laid down by Union or Member State law towhich the controller is subject and which provides appropriate measures to protect
the data subject's legitimate interests; or(d)where the personal data must remain confidential subject to an obligation of
professional secrecy regulated by Union or Member State law, including a statutory
obligation of secrecy.

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Article 15
Right of access by the data subject
1.

The data subject shall have the right to obtain from the controller confirmation as towhether or not personal data concerning him or her are being processed, and where that isthe case, access to the personal data and the following information:(a)the purposes of the processing;(b)

the categories of personal data concerned;(c)the recipients or categories of recipient to whom the personal data have been or will
be disclosed, in particular recipients in third countries or international organisations;(d)where possible, the envisaged period for which the personal data will be stored, or, if
not possible, the criteria used to determine that period;(e)

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;(f)

the right to lodge a complaint with a supervisory authority;(g)where the personal data are not collected from the data subject, any available
information as to their source;

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(h)

the existence of automated decision-making, including profiling, referred to in
Article 22(1) and (4) and, at least in those cases, meaningful information about thelogic involved, as well as the significance and the envisaged consequences of suchprocessing for the data subject.

2.

Where personal data are transferred to a third country or to an international organisation,
the data subject shall have the right to be informed of the appropriate safeguards pursuant
to Article 46 relating to the transfer.

3.

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 electronicmeans, and unless otherwise requested by the data subject, the information shall be
provided in a commonly used electronic form.

4.

The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights
and freedoms of others.

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SECTION 3
RECTIFICATION AND ERASURE

Article 16
Right to rectification
The data subject shall have the right to obtain from the controller without undue delay therectification of inaccurate personal data concerning him or her . Taking into account the purposes ofthe processing, the data subject shall have the right to have incomplete personal data completed,including by means of providing a supplementary statement.
Article 17
Right to erasure ('right to be forgotten')
1.

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:(a)the personal data are no longer necessary in relation to the purposes for which they
were collected or otherwise processed;(b)

the data subject withdraws consent on which the processing is based according topoint (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal
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(c)

the data subject objects to the processing pursuant to Article 21(1) and there are nooverriding legitimate grounds for the processing, or the data subject objects to theprocessing pursuant to Article 21(2);(d)

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;(f)

the personal data have been collected in relation to the offer of information society
services referred to in Article 8(1).

2.

Where the controller has made the personal data public and is obliged pursuant toparagraph 1 to erase the personal data, the controller, taking account of available
technology and the cost of implementation, shall take reasonable steps, including technicalmeasures, to inform controllers which are processing the personal data that the data subject
has requested the erasure by such controllers of any links to, or copy or replication of,
those personal data.

3.

Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:(a)for exercising the right of freedom of expression and information;(b)

for compliance with a legal obligation which requires processing by Union orMember State law to which the controller is subject or for the performance of a task
carried out in the public interest or in the exercise of official authority vested in thecontroller;

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(c)

for reasons of public interest in the area of public health in accordance withpoints (h) and (i) of Article 9(2) as well as Article 9(3);(d)

for archiving purposes in the public interest, scientific or historical research purposesor statistical purposes in accordance with Article 89(1) in so far as the right referred
to in paragraph 1 is likely to render impossible or seriously impair the achievementof the objectives of that processing; or(e)for the establishment, exercise or defence of legal claims.
Article 18
Right to restriction of processing

1.

The data subject shall have the right to obtain from the controller restriction of processing
where one of the following applies:(a)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;(b)

the processing is unlawful and the data subject opposes the erasure of the personal
data and requests the restriction of their use instead;(c)the controller no longer needs the personal data for the purposes of the processing,but they are required by the data subject for the establishment, exercise or defence oflegal claims;

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(d)

the data subject has objected to processing pursuant to Article 21(1) pending theverification whether the legitimate grounds of the controller override those of thedata subject.

2.

Where processing has been restricted under paragraph 1, such personal data shall, with the
exception of storage, only be processed with the data subject's consent or for theestablishment, exercise or defence of legal claims or for the protection of the rights ofanother natural or legal person or for reasons of important public interest of the Union or ofa Member State.

3.

A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be
informed by the controller before the restriction of processing is lifted.
Article 19
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 ofprocessing carried out in accordance with Articles 16, 17(1) and 18 to each recipient to whom thepersonal 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.

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Article 20
Right to data portability
1.

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 andmachine-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 pursuant to point (a) of Article 6(1) or point (a) of
Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and(b)2.

the processing is carried out by automated means.

In exercising his or her right to data portability pursuant to paragraph 1, the data subject
shall have the right to have the personal data transmitted directly from one controller toanother, where technically feasible.

3.

The exercise of the right referred to in paragraph 1 of this Article shall be without
prejudice to Article 17. That right shall not apply to processing necessary for the
performance of a task carried out in the public interest or in the exercise of official
authority vested in the controller.

4.

The right referred to in paragraph 1 shall not adversely affect the rights and freedoms ofothers.

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SECTION 4RIGHT TO OBJECT AND AUTOMATED INDIVIDUAL DECISION-MAKING

Article 21
Right to object
1.

The data subject shall have the right to object, on grounds relating to his or her particularsituation, at any time to processing of personal data concerning him or her which is basedon points (e) or (f) of Article 6(1), 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 andfreedoms of the data subject or for the establishment, exercise or defence of legal claims.

2.

Where personal data are processed for direct marketing purposes, the data subject shallhave the right to object at any time to processing of personal data concerning him or her
for such marketing, which includes profiling to the extent that it is related to such direct
marketing.

3.

Where the data subject objects to processing for direct marketing purposes, the personal
data shall no longer be processed for such purposes.

4.

At the latest at the time of the first communication with the data subject, the right referred
to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject andshall be presented clearly and separately from any other information.

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5.

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 automatedmeans using technical specifications.

6.

Where personal data are processed for scientific or historical research purposes or
statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or
her particular situation, shall have the right to object to processing of personal data
concerning him or her, unless the processing is necessary for the performance of a task
carried out for reasons of public interest.
Article 22
Automated individual decision-making, including profiling1.

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.

2.

Paragraph 1 shall not apply if the decision:(a)is necessary for entering into, or performance of, a contract between the data subject
and a data controller;(b)

is authorised by Union or Member State law to which the controller is subject andwhich also lays down suitable measures to safeguard the data subject's rights andfreedoms and legitimate interests; or(c)is based on the data subject's explicit consent.

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3.

In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall
implement suitable measures to safeguard the data subject's rights and freedoms andlegitimate interests, at least the right to obtain human intervention on the part of thecontroller, to express his or her point of view and to contest the decision.

4.

Decisions referred to in paragraph 2 shall not be based on special categories of personal
data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) apply and suitablemeasures to safeguard the data subject's rights and freedoms and legitimate interests are inplace.

SECTION 5
RESTRICTIONSArticle 23
Restrictions
1.

Union or Member State law to which the data controller or processor is subject may restrictby way of a legislative measure the scope of the obligations and rights provided for in
Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspondto the rights and obligations provided for in Articles 12 to 22, when such a restriction
respects the essence of the fundamental rights and freedoms and is a necessary andproportionate measure in a democratic society to safeguard:(a)national security;5419/16

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(b)

defence;(c)public security;(d)the prevention, investigation, detection or prosecution of criminal offences or the
execution of criminal penalties, including the safeguarding against and theprevention of threats to public security;(e)other important objectives of general public interest of the Union or of a
Member State, in particular an important economic or financial interest of the Union
or of a Member State, including monetary, budgetary and taxation a matters, publichealth and social security;(f)the protection of judicial independence and judicial proceedings;(g)

the prevention, investigation, detection and prosecution of breaches of ethics forregulated professions;(h)a monitoring, inspection or regulatory function connected, even occasionally, to theexercise of official authority in the cases referred to in points (a), (b), (c), (d), (e)and (g);(i)the protection of the data subject or the rights and freedoms of others;(j)the enforcement of civil law claims.

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2.

In particular, any legislative measure referred to in paragraph 1 shall contain specificprovisions at least, where relevant, as to:(a)the purposes of the processing or categories of processing;(b)

the categories of personal data;(c)the scope of the restrictions introduced;(d)the safeguards to prevent abuse or unlawful access or transfer;(e)the specification of the controller or categories of controllers;(f)the storage periods and the applicable safeguards taking into account the nature,
scope and purposes of the processing or categories of processing;(g)

the risks to the rights and freedoms of data subjects; and(h)the right of data subjects to be informed about the restriction, unless that may be
prejudicial to the purpose of the restriction.

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CHAPTER IV
CONTROLLER AND PROCESSORSECTION 1
GENERAL OBLIGATIONSArticle 24
Responsibility of the controller
1.

Taking into account the nature, scope, context and purposes of processing as well as therisks of varying likelihood and severity for the rights and freedoms of natural persons, thecontroller shall implement appropriate technical and organisational measures to ensure andto be able to demonstrate that processing is performed in accordance with this Regulation.
Those measures shall be reviewed and updated where necessary.

2.

Where proportionate in relation to processing activities, the measures referred to inparagraph 1 shall include the implementation of appropriate data protection policies by thecontroller.

3.

Adherence to approved codes of conduct as referred to in Article 40 or approved
certification mechanisms as referred to in Article 42 may be used as an element by which
to demonstrate compliance with the obligations of the controller.

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Article 25
Data protection by design and by default
1.

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 theprocessing itself, implement appropriate technical and organisational measures, such as
pseudonymisation, which are designed to implement data-protection principles, such asdata minimisation, in an effective manner and to integrate the necessary safeguards into theprocessing in order to meet the requirements of this Regulation and protect the rights ofdata subjects.

2.

The controller shall implement appropriate technical and organisational measures for
ensuring that, by default, only personal data which are necessary for each specific purposeof the processing are processed. That obligation applies to the amount of personal datacollected, 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 madeaccessible without the individual's intervention to an indefinite number of natural persons.

3.

An approved certification mechanism pursuant to Article 42 may be used as an element todemonstrate compliance with the requirements set out in paragraphs 1 and 2 of this Article.

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Article 26
Joint controllers
1.

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 theirrespective responsibilities for compliance with the obligations under this Regulation, inparticular as regards the exercising of the rights of the data subject and their respective
duties to provide the information referred to in Articles 13 and 14, by means of anarrangement between them unless, and in so far as, the respective responsibilities of thecontrollers are determined by Union or Member State law to which the controllers are
subject. The arrangement may designate a contact point for data subjects.

2.

The arrangement referred to in paragraph 1 shall duly reflect the respective roles andrelationships of the joint controllers vis-à-vis the data subjects. The essence of thearrangement shall be made available to the data subject.

3.

Irrespective of the terms of the arrangement referred to in paragraph 1, the data subject
may exercise his or her rights under this Regulation in respect of and against each of thecontrollers.
Article 27
Representatives of controllers or processors not established in the Union

1.

Where Article 3(2) applies, the controller or the processor shall designate in writing a
representative in the Union.

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2.

This obligation shall not apply to:(a)processing which is occasional, does not include, on a large scale, processing ofspecial categories of data as referred to in Article 9(1) or processing of personal data
relating to criminal convictions and offences referred to in Article 10, and is unlikely
to result in a risk to the rights and freedoms of natural persons, taking into accountthe nature, context, scope and purposes of the processing; or(b)3.

a public authority or body.

The representative shall be established in one of those Member States where the data
subjects are and whose personal data are processed in relation to the offering of goods orservices to them, or whose behaviour is monitored.

4.

The representative shall be mandated by the controller or processor to be addressed inaddition 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.

5.

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.

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Article 28
Processor
1.

Where processing is to be carried out on behalf of a controller, the controller shall use only
processors providing sufficient guarantees to implement appropriate technical andorganisational measures in such a manner that processing will meet the requirements ofthis Regulation and ensure the protection of the rights of the data subject.

2.

The processor shall not engage another processor without prior specific or general written
authorisation of the controller. In the case of general written authorisation, the processor
shall inform the controller of any intended changes concerning the addition or replacementof other processors, thereby giving the controller the opportunity to object to such changes.

3.

Processing by a processor shall be governed by a contract or other legal act under Union orMember State law, that is binding on the processor with regard to the controller and thatsets out the subject-matter and duration of the processing, the nature and purpose of theprocessing, 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, thatthe processor:(a)processes the personal data only on documented instructions from the controller,
including with regard to transfers of personal data to a third country or aninternational organisation, unless required to do so by Union or Member State law towhich the processor is subject; in such a case, the processor shall inform thecontroller of that legal requirement before processing, unless that law prohibits suchinformation on important grounds of public interest;

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(b)

ensures that persons authorised to process the personal data have committed
themselves to confidentiality or are under an appropriate statutory obligation ofconfidentiality;(c)takes all measures required pursuant to Article 32;(d)respects the conditions referred to in paragraphs 2 and 4 for engaging anotherprocessor;(e)taking into account the nature of the processing, assists the controller by appropriatetechnical and organisational measures, insofar as this is possible, for the fulfilment of
the controller's obligation to respond to requests for exercising the data subject's
rights laid down in Chapter III;(f)assists the controller in ensuring compliance with the obligations pursuant to
Articles 32 to 36 taking into account the nature of processing and the information
available to the processor;(g)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
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(h)

makes available to the controller all information necessary to demonstratecompliance with the obligations laid down in this Article and allow for andcontribute to audits, including inspections, conducted by the controller or anotherauditor mandated by the controller.

With regard to point (h) of the first subparagraph, the processor shall immediately informthe controller if, in its opinion, an instruction infringes this Regulation or other Union orMember State data protection provisions.
4.

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 orother legal act between the controller and the processor as referred to in paragraph 3 shallbe imposed on that other processor by way of a contract or other legal act under Union orMember State law, in particular providing sufficient guarantees to implement appropriatetechnical and organisational measures in such a manner that the processing will meet therequirements 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.

5.

Adherence of a processor to an approved code of conduct as referred to in Article 40 or an
approved certification mechanism as referred to in Article 42 may be used as an element
by which to demonstrate sufficient guarantees as referred to in paragraphs 1 and 4 ofthis Article.

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6.

Without prejudice to an individual contract between the controller and the processor, thecontract or the other legal act referred to in paragraphs 3 and 4 of this Article may bebased, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8of this Article, including when they are part of a certification granted to the controller orprocessor pursuant to Articles 42 and 43.

7.

The Commission may lay down standard contractual clauses for the matters referred to inparagraph 3 and 4 of this Article and in accordance with the examination procedurereferred to in Article 93(2).

8.

A supervisory authority may adopt standard contractual clauses for the matters referred toin paragraph 3 and 4 of this Article and in accordance with the consistency mechanism
referred to in Article 63.

9.

The contract or the other legal act referred to in paragraphs 3 and 4 shall be in writing,including in electronic form.

10.

Without prejudice to Articles 82, 83 and 84, if a processor infringes this Regulation bydetermining the purposes and means of processing, the processor shall be considered to bea controller in respect of that processing.
Article 29
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.

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Article 30
Records of processing activities
1.

Each controller and, where applicable, the controller's representative, shall maintain arecord of processing activities under its responsibility. That record shall contain all of thefollowing information:(a)the name and contact details of the controller and, where applicable, the joint
controller, the controller's representative and the data protection officer;(b)

the purposes of the processing;(c)a description of the categories of data subjects and of the categories of personal data;(d)the categories of recipients to whom the personal data have been or will be disclosed
including recipients in third countries or international organisations;(e)where applicable, transfers of personal data to a third country or an internationalorganisation, including the identification of that third country or internationalorganisation and, in the case of transfers referred to in the second subparagraph of
Article 49(1), the documentation of appropriate safeguards;(f)where possible, the envisaged time limits for erasure of the different categories of
data;

(g)

where possible, a general description of the technical and organisational security
measures referred to in Article 32(1).

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2.

Each processor and, where applicable, the processor's representative shall maintain arecord of all categories of processing activities carried out on behalf of a controller,
containing:(a)the name and contact details of the processor or processors and of each controller onbehalf of which the processor is acting, and, where applicable, of the controller's or
the processor's representative, and the data protection officer;(b)

the categories of processing carried out on behalf of each controller;(c)where applicable, transfers of personal data to a third country or an internationalorganisation, including the identification of that third country or internationalorganisation and, in the case of transfers referred to in the second subparagraph of
Article 49(1), the documentation of appropriate safeguards;(d)where possible, a general description of the technical and organisational security
measures referred to in Article 32(1).

3.

The records referred to in paragraphs 1 and 2 shall be in writing, including in electronic
form.

4.

The controller or the processor and, where applicable, the controller's or the processor's
representative, shall make the record available to the supervisory authority on request.

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5.

The obligations referred to in paragraphs 1 and 2 shall not apply to an enterprise or an
organisation employing fewer than 250 persons unless the processing it carries out is likely
to result in a risk to the rights and freedoms of data subjects, the processing is notoccasional, or the processing includes special categories of data as referred to in
Article 9(1) or personal data relating to criminal convictions and offences referred to in
Article 10.
Article 31
Cooperation with the supervisory authority

The controller and the processor and, where applicable, their representatives, shall cooperate, onrequest, with the supervisory authority in the performance of its tasks.

SECTION 2
SECURITY OF PERSONAL DATA

Article 32
Security of processing
1.

Taking into account the state of the art, the costs of implementation and the nature, scope,
context and purposes of processing as well as the risk of varying likelihood and severity
for the rights and freedoms of natural persons, the controller and the processor shall
implement appropriate technical and organisational measures to ensure a level of security
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(b)

the ability to ensure the ongoing confidentiality, integrity, availability and resilienceof processing systems and services;(c)the ability to restore the availability and access to personal data in a timely manner inthe event of a physical or technical incident;(d)a process for regularly testing, assessing and evaluating the effectiveness of technicaland organisational measures for ensuring the security of the processing.

2.

In assessing the appropriate level of security account shall be taken in particular of therisks that are presented by processing, in particular from accidental or unlawfuldestruction, loss, alteration, unauthorised disclosure of, or access to personal datatransmitted, stored or otherwise processed.

3.

Adherence to an approved code of conduct as referred to in Article 40 or an approved
certification mechanism as referred to in Article 42 may be used as an element by which todemonstrate compliance with the requirements set out in paragraph 1 of this Article.

4.

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 notprocess them except on instructions from the controller, unless he or she is required to do
so by Union or Member State law.

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Article 33
Notification of a personal data breach to the supervisory authority
1.

In the case of a personal data breach, the controller shall without undue delay and, where
feasible, not later than 72 hours after having become aware of it, notify the personal data
breach to the supervisory authority competent in accordance with Article 55, unless the
personal data breach is unlikely to result in a risk to the rights and freedoms of natural
persons. Where the notification to the supervisory authority is not made within 72 hours, it
shall be accompanied by reasons for the delay.

2.

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

3.

The notification referred to in paragraph 1 shall at least:(a)describe the nature of the personal data breach including where possible, thecategories and approximate number of data subjects concerned and the categories
and approximate number of personal data records concerned;(b)communicate the name and contact details of the data protection officer or othercontact point where more information can be obtained;(c)describe the likely consequences of the personal data breach;(d)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.

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4.

Where, and in so far as, it is not possible to provide the information at the same time, theinformation may be provided in phases without undue further delay.

5.

The controller shall document any personal data breaches, comprising the facts relating to
the personal data breach, its effects and the remedial action taken. That documentation
shall enable the supervisory authority to verify compliance with this Article.
Article 34
Communication of a personal data breach to the data subject

1.

When the personal data breach is likely to result in a high risk to the rights and freedoms ofnatural persons, the controller shall communicate the personal data breach to the data
subject without undue delay.

2.

The communication to the data subject referred to in paragraph 1 of this Article shalldescribe in clear and plain language the nature of the personal data breach and contain atleast the information and the recommendations provided for in points (b), (c) and (d) of
Article 33(3).

3.

The communication to the data subject referred to in paragraph 1 shall not be required if
any of the following conditions are met:(a)the controller has implemented appropriate technical and organisational protection
measures, and that those measures were applied to the personal data affected by the
personal data breach, in particular those that render the personal data unintelligible toany person who is not authorised to access it, such as encryption;

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(b)

the controller has taken subsequent measures which ensure that the high risk to therights and freedoms of data subjects referred to in paragraph 1 is no longer likely tomaterialise;(c)

it would involve disproportionate effort. In such a case, there shall instead be apublic communication or similar measure whereby the data subjects are informed inan equally effective manner.

4.

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 breachresulting in a high risk, may require it to do so or may decide that any of the conditions
referred to in paragraph 3 are met.

SECTION 3
DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION

Article 35
Data protection impact assessment
1.

Where a type of processing in particular using new technologies, and taking into accountthe nature, scope, context and purposes of the processing, is likely to result in a high risk to
the rights and freedoms of natural persons, the controller shall, prior to the processing,carry out an assessment of the impact of the envisaged processing operations on theprotection of personal data. A single assessment may address a set of similar processing
operations that present similar high risks.

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2.

The controller shall seek the advice of the data protection officer, where designated, whencarrying out a data protection impact assessment.

3.

A data protection impact assessment referred to in paragraph 1 shall in particular berequired in the case of:(a)a systematic and extensive evaluation of personal aspects relating to natural persons
which is based on automated processing, including profiling, and on which decisions
are based that produce legal effects concerning the natural person or similarly
significantly affect the natural person;(b)processing on a large scale of special categories of data referred to in Article 9(1), orof personal data relating to criminal convictions and offences referred to in
Article 10; or(c)4.

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
pursuant to paragraph 1. The supervisory authority shall communicate those lists to
the Board referred to in Article 68.

5.

The supervisory authority may also establish and make public a list of the kind ofprocessing operations for which no data protection impact assessment is required. The
supervisory authority shall communicate those lists to the Board.

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6.

Prior to the adoption of the lists referred to in paragraphs 4 and 5, the competentsupervisory authority shall apply the consistency mechanism referred to in Article 63
where such lists involve processing activities which are related to the offering of goods orservices to data subjects or to the monitoring of their behaviour in several Member States,or may substantially affect the free movement of personal data within the Union.

7.

The assessment shall contain at least:(a)a systematic description of the envisaged processing operations and the purposes ofthe processing, including, where applicable, the legitimate interest pursued by thecontroller;(b)

an assessment of the necessity and proportionality of the processing operations inrelation to the purposes;(c)an assessment of the risks to the rights and freedoms of data subjects referred to inparagraph 1; and(d)the measures envisaged to address the risks, including safeguards, security measuresand mechanisms to ensure the protection of personal data and to demonstratecompliance with this Regulation taking into account the rights and legitimate
interests of data subjects and other persons concerned.

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8.

Compliance with approved codes of conduct referred to in Article 40 by the relevant
controllers or processors shall be taken into due account in assessing the impact of theprocessing operations performed by such controllers or processors, in particular for the
purposes of a data protection impact assessment.

9.

Where appropriate, the controller shall seek the views of data subjects or theirrepresentatives on the intended processing, without prejudice to the protection ofcommercial or public interests or the security of processing operations.

10.

Where processing pursuant to point (c) or (e) of Article 6(1) 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 thecontext of the adoption of that legal basis, paragraphs 1 to 7 shall not apply unless
Member States deem it to be necessary to carry out such an assessment prior to processing
activities.

11.

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

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Article 36
Prior consultation
1.

The controller shall consult the supervisory authority prior to processing where a dataprotection impact assessment under Article 35 indicates that the processing would result ina high risk in the absence of measures taken by the controller to mitigate the risk.

2.

Where the supervisory authority is of the opinion that the intended processing referred to inparagraph 1 would infringe this Regulation, in particular where the controller has
insufficiently identified or mitigated the risk, the supervisory authority shall, within periodof up to eight weeks of receipt of the request for consultation, provide written advice to thecontroller and, where applicable to the processor, and may use any of its powers referred toin Article 58. That period may be extended by six weeks, taking into account thecomplexity of the intended processing. The supervisory authority shall inform thecontroller and, where applicable, the processor, of any such extension within one month ofreceipt of the request for consultation together with the reasons for the delay. Those
periods may be suspended until the supervisory authority has obtained information it hasrequested for the purposes of the consultation.

3.

When consulting the supervisory authority pursuant to paragraph 1, the controller shallprovide the supervisory authority with:(a)where applicable, the respective responsibilities of the controller, joint controllers
and processors involved in the processing, in particular for processing within a groupof undertakings;

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(b)

the purposes and means of the intended processing;(c)the measures and safeguards provided to protect the rights and freedoms of data
subjects pursuant to this Regulation;

4.

(d)

where applicable, the contact details of the data protection officer;(e)the data protection impact assessment provided for in Article 35; and(f)any other information requested by the supervisory authority.

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.

5.

Notwithstanding paragraph 1, Member State law may require controllers to consult with,and obtain prior authorisation from, the supervisory authority in relation to processing by acontroller for the performance of a task carried out by the controller in the public interest,
including processing in relation to social protection and public health.

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SECTION 4DATA PROTECTION OFFICER

Article 37
Designation of the data protection officer
1.

The controller and the processor shall designate a data protection officer in any case where:(a)the processing is carried out by a public authority or body, except for courts acting intheir judicial capacity;(b)the core activities of the controller or the processor consist of processing operations
which, by virtue of their nature, their scope and/or their purposes, require regular andsystematic monitoring of data subjects on a large scale; or(c)the core activities of the controller or the processor consist of processing on a large
scale of special categories of data pursuant to Article 9 and personal data relating tocriminal convictions and offences referred to in Article 10.

2.

A group of undertakings may appoint a single data protection officer provided that a dataprotection officer is easily accessible from each establishment.

3.

Where the controller or the processor is a public authority or body, a single data protection
officer may be designated for several such authorities or bodies, taking account of theirorganisational structure and size.

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4.

In cases other than those referred to in paragraph 1, the controller or processor or
associations and other bodies representing categories of controllers or processors may or,
where required by Union or Member State law shall, designate a data protection officer.
The data protection officer may act for such associations and other bodies representing
controllers or processors.

5.

The data protection officer shall be designated on the basis of professional qualities and, inparticular, expert knowledge of data protection law and practices and the ability to fulfil
the tasks referred to in Article 39.

6.

The data protection officer may be a staff member of the controller or processor, or fulfil
the tasks on the basis of a service contract.

7.

The controller or the processor shall publish the contact details of the data protection
officer and communicate them to the supervisory authority.
Article 38
Position of the data protection officer

1.

The controller and the processor shall ensure that the data protection officer is involved,
properly and in a timely manner, in all issues which relate to the protection of personaldata.

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2.

The controller and processor shall support the data protection officer in performing thetasks referred to in Article 39 by providing resources necessary to carry out those tasks andaccess to personal data and processing operations, and to maintain his or her expert
knowledge.

3.

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 theprocessor.

4.

Data subjects may contact the data protection officer with regard to all issues related toprocessing of their personal data and to the exercise of their rights under this Regulation.

5.

The data protection officer shall be bound by secrecy or confidentiality concerning theperformance of his or her tasks, in accordance with Union or Member State law.

6.

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.

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Article 39
Tasks of the data protection officer
1.

The data protection officer shall have at least the following tasks:(a)to inform and advise the controller or the processor and the employees who carry out
processing of their obligations pursuant to this Regulation and to other Union orMember State data protection provisions;(b)to monitor compliance with this Regulation, with other Union or Member State dataprotection 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 therelated audits;(c)to provide advice where requested as regards the data protection impact assessmentand monitor its performance pursuant to Article 35;(d)to cooperate with the supervisory authority;(e)to act as the contact point for the supervisory authority on issues relating toprocessing, including the prior consultation referred to in Article 36, and to consult,where appropriate, with regard to any other matter.

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2.

The data protection officer shall in the performance of his or her tasks have due regard to
the risk associated with processing operations, taking into account the nature, scope,
context and purposes of processing.

SECTION 5
CODES OF CONDUCT AND CERTIFICATION

Article 40
Codes of conduct
1.

The Member States, the supervisory authorities, the Board and the Commission shallencourage 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.

2.

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 theapplication of this Regulation, such as with regard to:(a)fair and transparent processing;(b)

the legitimate interests pursued by controllers in specific contexts;

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(c)

the collection of personal data;(d)the pseudonymisation of personal data;(e)the information provided to the public and to data subjects;(f)the exercise of the rights of data subjects;(g)

the information provided to, and the protection of, children, and the manner in which
the consent of the holders of parental responsibility over children is to be obtained;(h)the measures and procedures referred to in Articles 24 and 25 and the measures toensure security of processing referred to in Article 32;(i)the notification of personal data breaches to supervisory authorities and thecommunication of such personal data breaches to data subjects;(j)

the transfer of personal data to third countries or international organisations; or(k)out-of-court proceedings and other dispute resolution procedures for resolving
disputes between controllers and data subjects with regard to processing, without
prejudice to the rights of data subjects pursuant to Articles 77 and 79.

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3.

In addition to adherence by controllers or processors subject to this Regulation, codes ofconduct approved pursuant to paragraph 5 of this Article and having general validity
pursuant to paragraph 9 of this Article may also be adhered to by controllers or processorsthat are not subject to this Regulation pursuant to Article 3 in order to provide appropriate
safeguards within the framework of personal data transfers to third countries orinternational organisations under the terms referred to in point (e) of Article 46(2). Suchcontrollers or processors shall make binding and enforceable commitments, via contractualor other legally binding instruments, to apply those appropriate safeguards including withregard to the rights of data subjects.

4.

A code of conduct referred to in paragraph 2 of this Article shall contain mechanisms
which enable the body referred to in Article 41(1) to carry out the mandatory monitoring ofcompliance with its provisions by the controllers or processors which undertake to apply it,
without prejudice to the tasks and powers of supervisory authorities competent pursuant to
Article 55 or 56.

5.

Associations and other bodies referred to in paragraph 2 of this Article which intend toprepare a code of conduct or to amend or extend an existing code shall submit the draft
code, amendment or extension to the supervisory authority which is competent pursuant to
Article 55. The supervisory authority shall provide an opinion on whether the draft code,
amendment or extension complies with this Regulation and shall approve that draft code,
amendment or extension if it finds that it provides sufficient appropriate safeguards.

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6.

Where the draft code, or amendment or extension is approved in accordance withparagraph 5, and where the code of conduct concerned does not relate to processing
activities in several Member States, the supervisory authority shall register and publish the
code.

7.

Where a draft code of conduct relates to processing activities in several Member States, thesupervisory authority which is competent pursuant to Article 55 shall, before approving thedraft code, amendment or extension, submit it in the procedure referred to in Article 63 to
the Board which shall provide an opinion on whether the draft code, amendment or
extension complies with this Regulation or, in the situation referred to in paragraph 3,
provides appropriate safeguards.

8.

Where the opinion referred to in paragraph 7 confirms that the draft code, amendment or
extension complies with this Regulation, or, in the situation referred to in paragraph 3,
provides appropriate safeguards, the Board shall submit its opinion to the Commission.

9.

The Commission may, by way of implementing acts, decide that the approved code of
conduct, amendment or extension submitted to it pursuant to paragraph 8 have generalvalidity within the Union. Those implementing acts shall be adopted in accordance withthe examination procedure set out in Article 93(2).

10.

The Commission shall ensure appropriate publicity for the approved codes which havebeen decided as having general validity in accordance with paragraph 9.

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11.

The Board shall collate all approved codes of conduct, amendments and extensions in aregister and shall make them publicly available by way of appropriate means.
Article 41
Monitoring of approved codes of conduct

1.

Without prejudice to the tasks and powers of the competent supervisory authority under
Articles 57 and 58, the monitoring of compliance with a code of conduct pursuant to
Article 40 may be carried out by a body which has an appropriate level of expertise inrelation to the subject-matter of the code and is accredited for that purpose by thecompetent supervisory authority.

2.

A body as referred to in paragraph 1 may be accredited to monitor compliance with a codeof conduct where that body has:(a)demonstrated its independence and expertise in relation to the subject-matter of thecode to the satisfaction of the competent supervisory authority;(b)established procedures which allow it to assess the eligibility of controllers andprocessors concerned to apply the code, to monitor their compliance with its
provisions and to periodically review its operation;

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(c)

established procedures and structures to handle complaints about infringements ofthe code or the manner in which the code has been, or is being, implemented by acontroller or processor, and to make those procedures and structures transparent todata subjects and the public; and(d)demonstrated to the satisfaction of the competent supervisory authority that its tasks
and duties do not result in a conflict of interests.

3.

The competent supervisory authority shall submit the draft criteria for accreditation of abody as referred to in paragraph 1 of this Article to the Board pursuant to the consistency
mechanism referred to in Article 63.

4.

Without prejudice to the tasks and powers of the competent supervisory authority and theprovisions of Chapter VIII, a body as referred to in paragraph 1 shall, subject toappropriate safeguards, take appropriate action in cases of infringement of the code by acontroller or processor, including suspension or exclusion of the controller or processor
concerned from the code. It shall inform the competent supervisory authority of suchactions and the reasons for taking them.

5.

The competent supervisory authority shall revoke the accreditation of a body as referred toin paragraph 1 if the conditions for accreditation are not, or are no longer, met or where
actions taken by the body infringe this Regulation.

6.

This Article shall not apply to processing carried out by public authorities and bodies.

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Article 42
Certification
1.

The Member States, the supervisory authorities, the Board and the Commission shallencourage, in particular at Union level, the establishment of data protection certification
mechanisms and of data protection seals and marks, for the purpose of demonstratingcompliance with this Regulation of processing operations by controllers and processors.
The specific needs of micro, small and medium-sized enterprises shall be taken into
account.

2.

In addition to adherence by controllers or processors subject to this Regulation, dataprotection certification mechanisms, seals or marks approved pursuant to paragraph 5 ofthis Article may be established for the purpose of demonstrating the existence ofappropriate safeguards provided by controllers or processors that are not subject to thisRegulation pursuant to Article 3 within the framework of personal data transfers to third
countries or international organisations under the terms referred to in point (f) of
Article 46(2). Such controllers or processors shall make binding and enforceablecommitments, via contractual or other legally binding instruments, to apply those
appropriate safeguards, including with regard to the rights of data subjects.

3.

The certification shall be voluntary and available via a process that is transparent.

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4.

A certification pursuant to this Article does not reduce the responsibility of the controller
or the processor for compliance with this Regulation and is without prejudice to the tasks
and powers of the supervisory authorities which are competent pursuant to Article 55
or 56.

5.

A certification pursuant to this Article shall be issued by the certification bodies referred toin Article 43 or by the competent supervisory authority, on the basis of criteria approvedby that competent supervisory authority pursuant to Article 58(3) or by the Board pursuant
to Article 63. Where the criteria are approved by the Board, this may result in a common
certification, the European Data Protection Seal.

6.

The controller or processor which submits its processing to the certification mechanism
shall provide the certification body referred to in Article 43, or where applicable, thecompetent supervisory authority, with all information and access to its processing activities
which are necessary to conduct the certification procedure.

7.

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 thecertification bodies referred to in Article 43 or by the competent supervisory authority
where the requirements for the certification are not or are no longer met.

8.

The Board shall collate all certification mechanisms and data protection seals and marks ina register and shall make them publicly available by any appropriate means.

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Article 43
Certification bodies
1.

Without prejudice to the tasks and powers of the competent supervisory authority under
Articles 57 and 58, certification bodies which have an appropriate level of expertise inrelation to data protection shall, after informing the supervisory authority in order to allow
it to exercise its powers pursuant to point (h) of Article 58(2) where necessary, issue andrenew certification. Member States shall ensure that those certification bodies areaccredited by one or both of the following:(a)the supervisory authority which is competent pursuant to Article 55 or 56;(b)

the national accreditation body named in accordance with Regulation (EC)No 765/2008 of the European Parliament and of the Council 1 in accordance with
EN-ISO/IEC 17065/2012 and with the additional requirements established by thesupervisory authority which is competent pursuant to Article 55 or 56.

2.

Certification bodies referred to in paragraph 1 shall be accredited in accordance withparagraph 1 only where they have:(a)demonstrated their independence and expertise in relation to the subject-matter of thecertification to the satisfaction of the competent supervisory authority;

1

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008
setting out the requirements for accreditation and market surveillance relating to themarketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008,
p. 30).

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(b)

undertaken to respect the criteria referred to in Article 42(5) and approved by thesupervisory authority which is competent pursuant to Article 55 or 56 or by the
Board pursuant to Article 63;(c)established procedures for the issuing, periodic review and withdrawal of dataprotection certification, seals and marks;(d)established procedures and structures to handle complaints about infringements ofthe certification or the manner in which the certification has been, or is being,
implemented by the controller or processor, and to make those procedures andstructures transparent to data subjects and the public; and(e)demonstrated, to the satisfaction of the competent supervisory authority, that theirtasks and duties do not result in a conflict of interests.

3.

The accreditation of certification bodies as referred to in paragraphs 1 and 2 shall takeplace on the basis of criteria approved by the supervisory authority which is competentpursuant to Article 55 or 56 or by the Board pursuant to Article 63. In the case ofaccreditation pursuant to point (b) of paragraph 1 of this Article, those requirements shallcomplement those envisaged in Regulation (EC) No 765/2008 and the technical rules that
describe the methods and procedures of the certification bodies.

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4.

The certification bodies referred to in paragraph 1 shall be responsible for the proper
assessment leading to the certification or the withdrawal of such certification without
prejudice to the responsibility of the controller or processor for compliance with thisRegulation. The accreditation shall be issued for a maximum period of five years and may
be renewed on the same conditions provided that the certification body meets therequirements set out in this Article.

5.

The certification bodies referred to in paragraph 1 shall provide the competent supervisory
authorities with the reasons for granting or withdrawing the requested certification.

6.

The requirements referred to in paragraph 3 of this Article and the criteria referred to in
Article 42(5) shall be made public by the supervisory authority in an easily accessible
form. The supervisory authorities shall also transmit those requirements and criteria to theBoard. The Board shall collate all certification mechanisms and data protection seals in aregister and shall make them publicly available by any appropriate means.

7.

Without prejudice to Chapter VIII, the competent supervisory authority or the national
accreditation body shall revoke an accreditation of a certification body pursuant toparagraph 1 of this Article where the conditions for the accreditation are not, or are nolonger, met or where actions taken by a certification body infringe this Regulation.

8.

The Commission shall be empowered to adopt delegated acts in accordance with Article 92
for the purpose of specifying the requirements to be taken into account for the dataprotection certification mechanisms referred to in Article 42(1).

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9.

The Commission may adopt implementing acts laying down technical standards forcertification mechanisms and data protection seals and marks, and mechanisms to promote
and recognise those certification mechanisms, seals and marks. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in Article 93(2).

CHAPTER V
TRANSFER OF PERSONAL DATA TO THIRD COUNTRIESOR INTERNATIONAL ORGANISATIONSArticle 44
General principle for transfers
Any transfer of personal data which are undergoing processing or are intended for processing after
transfer to a third country or to an international organisation shall take place only if, subject to theother provisions of this Regulation, the conditions laid down in this Chapter are complied with by
the controller and processor, including for onward transfers of personal data from the third country
or an international organisation to another third country or to another international organisation. Allprovisions in this Chapter shall be applied in order to ensure that the level of protection of natural
persons guaranteed by this Regulation is not undermined.

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Article 45
Transfers on the basis of an adequacy decision1.

A transfer of personal data to a third country or an international organisation may takeplace 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 specificauthorisation.

2.

When assessing the adequacy of the level of protection, the Commission shall, inparticular, take account of the following elements:(a)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 personaldata, 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 arecomplied 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;

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(b)

the existence and effective functioning of one or more independent supervisory
authorities in the third country or to which an international organisation is subject,with responsibility for ensuring and enforcing compliance with the data protection
rules, including adequate enforcement powers, for assisting and advising the data
subjects in exercising their rights and for cooperation with the supervisory authoritiesof the Member States; and(c)the international commitments the third country or international organisation
concerned has entered into, or other obligations arising from legally binding
conventions or instruments as well as from its participation in multilateral or regional
systems, in particular in relation to the protection of personal data.

3.

The Commission, after assessing the adequacy of the level of protection, may decide, bymeans 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 ofprotection within the meaning of paragraph 2 of this Article. The implementing act shallprovide for a mechanism for a periodic review, at least every four years, which shall take
into account all relevant developments in the third country or international organisation.
The implementing act shall specify its territorial and sectoral application and, whereapplicable, identify the supervisory authority or authorities referred to in point (b) ofparagraph 2 of this Article. The implementing act shall be adopted in accordance with theexamination procedure referred to in Article 93(2).

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4.

The Commission shall, on an ongoing basis, monitor developments in third countries andinternational organisations that could affect the functioning of decisions adopted pursuant
to paragraph 3 of this Article and decisions adopted on the basis of Article 25(6) of
Directive 95/46/EC.

5.

The Commission shall, where available information reveals, in particular following thereview referred to in paragraph 3 of this Article, that a third country, a territory or one ormore specified sectors within a third country, or an international organisation no longer
ensures an adequate level of protection within the meaning of paragraph 2 of this Article,
to the extent necessary, repeal, amend or suspend the decision referred to in paragraph 3 ofthis Article by means of implementing acts without retro-active effect. Those
implementing acts shall be adopted in accordance with the examination procedure referred
to in Article 93(2).
On duly justified imperative grounds of urgency, the Commission shall adopt immediately
applicable implementing acts in accordance with the procedure referred to in Article 93(3).

6.

The Commission shall enter into consultations with the third country or internationalorganisation with a view to remedying the situation giving rise to the decision madepursuant to paragraph 5.

7.

A decision pursuant to paragraph 5 of this Article is without prejudice to transfers of
personal data to the third country, a territory or one or more specified sectors within thatthird country, or the international organisation in question pursuant to Articles 46 to 49.

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8.

The Commission shall publish in the Official Journal of the European Union and on its
website a list of the third countries, territories and specified sectors within a third country
and international organisations for which it has decided that an adequate level of protection
is or is no longer ensured.

9.

Decisions adopted by the Commission on the basis of Article 25(6) of Directive 95/46/EC
shall remain in force until amended, replaced or repealed by a Commission Decision
adopted in accordance with paragraph 3 or 5 of this Article.
Article 46
Transfers subject to appropriate safeguards

1.

In the absence of a decision pursuant to Article 45(3), a controller or processor may
transfer personal data to a third country or an international organisation only if thecontroller or processor has provided appropriate safeguards, and on condition thatenforceable data subject rights and effective legal remedies for data subjects are available.

2.

The appropriate safeguards referred to in paragraph 1 may be provided for, without
requiring any specific authorisation from a supervisory authority, by:(a)a legally binding and enforceable instrument between public authorities or bodies;(b)binding corporate rules in accordance with Article 47;(c)standard data protection clauses adopted by the Commission in accordance with theexamination procedure referred to in Article 93(2);5419/16

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(d)

standard data protection clauses adopted by a supervisory authority and approved by
the Commission pursuant to the examination procedure referred to in Article 93(2);(e)

an approved code of conduct pursuant to Article 40 together with binding andenforceable commitments of the controller or processor in the third country to apply
the appropriate safeguards, including as regards data subjects' rights; or(f)an approved certification mechanism pursuant to Article 42 together with binding
and enforceable commitments of the controller or processor in the third country toapply the appropriate safeguards, including as regards data subjects' rights.

3.

Subject to the authorisation from the competent supervisory authority, the appropriate
safeguards referred to in paragraph 1 may also be provided for, in particular, by:(a)contractual clauses between the controller or processor and the controller, processor
or the recipient of the personal data in the third country or international organisation;or(b)provisions to be inserted into administrative arrangements between public authorities
or bodies which include enforceable and effective data subject rights.

4.

The supervisory authority shall apply the consistency mechanism referred to in Article 63
in the cases referred to in paragraph 3 of this Article.

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5.

Authorisations by a Member State or supervisory authority on the basis of Article 26(2) ofDirective 95/46/EC shall remain valid until amended, replaced or repealed, if necessary, bythat supervisory authority. Decisions adopted by the Commission on the basis of
Article 26(4) of Directive 95/46/EC shall remain in force until amended, replaced orrepealed, if necessary, by a Commission Decision adopted in accordance with paragraph 2of this Article.
Article 47
Binding corporate rules

1.

The competent supervisory authority shall approve binding corporate rules in accordancewith the consistency mechanism set out in Article 63, provided that they:(a)are legally binding and apply to and are enforced by every member concerned of thegroup of undertakings, or group of enterprises engaged in a joint economic activity,
including their employees;(b)expressly confer enforceable rights on data subjects with regard to the processing of
their personal data; and(c)2.

fulfil the requirements laid down in paragraph 2.

The binding corporate rules referred to in paragraph 1 shall specify at least:(a)the structure and contact details of the group of undertakings, or group of enterprises
engaged in a joint economic activity and of each of its members;

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(b)

the data transfers or set of transfers, including the categories of personal data, thetype of processing and its purposes, the type of data subjects affected and theidentification of the third country or countries in question;(c)their legally binding nature, both internally and externally;(d)the application of the general data protection principles, in particular purpose
limitation, data minimisation, limited storage periods, data quality, data protection by
design and by default, legal basis for processing, processing of special categories of
personal data, measures to ensure data security, and the requirements in respect of
onward transfers to bodies not bound by the binding corporate rules;(e)the rights of data subjects in regard to processing and the means to exercise thoserights, including the right not to be subject to decisions based solely on automatedprocessing, including profiling in accordance with Article 22, the right to lodge acomplaint with the competent supervisory authority and before the competent courtsof the Member States in accordance with Article 79, and to obtain redress and, whereappropriate, compensation for a breach of the binding corporate rules;(f)the acceptance by the controller or processor established on the territory of a
Member State of liability for any breaches of the binding corporate rules by any
member concerned not established in the Union; the controller or the processor shallbe exempt from that liability, in whole or in part, only if it proves that that member is
not responsible for the event giving rise to the damage;5419/16

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(g)

how the information on the binding corporate rules, in particular on the provisions
referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects
in addition to Articles 13 and 14;(h)the tasks of any data protection officer designated in accordance with Article 37 or
any other person or entity in charge of the monitoring compliance with the binding
corporate rules within the group of undertakings, or group of enterprises engaged in ajoint economic activity, as well as monitoring training and complaint-handling;(i)the complaint procedures;(j)the mechanisms within the group of undertakings, or group of enterprises engaged ina 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 ofsuch verification should be communicated to the person or entity referred underpoint (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 beavailable upon request to the competent supervisory authority;(k)the mechanisms for reporting and recording changes to the rules and reporting thosechanges to the supervisory authority;5419/16

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(l)

the cooperation mechanism with the supervisory authority to ensure compliance byany member of the group of undertakings, or group of enterprises engaged in a joint
economic activity, in particular by making available to the supervisory authority the
results of verifications of the measures referred to in point (j);(m) the mechanisms for reporting to the competent supervisory authority any legal
requirements to which a member of the group of undertakings, or group ofenterprises engaged in a joint economic activity is subject in a third country which
are likely to have a substantial adverse effect on the guarantees provided by thebinding corporate rules; and(n)the appropriate data protection training to personnel having permanent or regularaccess to personal data.

3.

The Commission may specify the format and procedures for the exchange of information
between controllers, processors and supervisory authorities for binding corporate rules
within the meaning of this Article. Those implementing acts shall be adopted in accordancewith the examination procedure set out in Article 93(2).

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Article 48
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 berecognised or enforceable in any manner if based on an international agreement, such as a mutual
legal assistance treaty, in force between the requesting third country and the Union or a
Member State, without prejudice to other grounds for transfer pursuant to this Chapter.
Article 49
Derogations for specific situations
1.

In the absence of an adequacy decision pursuant to Article 45(3), or of appropriate
safeguards pursuant to Article 46, including binding corporate rules, a transfer or a set oftransfers of personal data to a third country or an international organisation shall take place
only on one of the following conditions:(a)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 absenceof an adequacy decision and appropriate safeguards;(b)

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 thedata subject's request;

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(c)

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;(d)the transfer is necessary for important reasons of public interest;(e)

the transfer is necessary for the establishment, exercise or defence of legal claims;(f)the transfer is necessary in order to protect the vital interests of the data subject or ofother persons, where the data subject is physically or legally incapable of giving
consent;(g)

the transfer is made from a register which according to Union or Member State law isintended 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 in Union or Member State law for
consultation are fulfilled in the particular case.

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Where a transfer could not be based on a provision in Articles 45 or 46, including theprovisions on binding corporate rules, and none of the derogations for a specific situation
pursuant to points (a) to (g) of this paragraph is applicable, a transfer to a third country or
an international organisation may take place only if the transfer is not repetitive, concerns
only a limited number of data subjects, is necessary for the purposes of compelling
legitimate interests pursued by the controller which are not overridden by the interests orrights and freedoms of the data subject, and the controller has assessed all thecircumstances surrounding the data transfer and has on the basis of that assessment
provided suitable safeguards with regard to the protection of personal data. The controller
shall inform the supervisory authority of the transfer. The controller shall, in addition toproviding the information referred to in Articles 13 and 14, inform the data subject of thetransfer and on the compelling legitimate interests pursued.
2.

A transfer pursuant to point (g) of paragraph 1 shall not involve the entirety of the personal
data or entire categories of the personal data contained in the register. Where the register isintended for consultation by persons having a legitimate interest, the transfer shall be madeonly at the request of those persons or if they are to be the recipients.

3.

Points (a), (b) and (c) of the first subparagraph and the second subparagraph of paragraph 1
shall not apply to activities carried out by public authorities in the exercise of their public
powers.

4.

The public interest referred to in point (d) of paragraph 1 shall be recognised in Union law
or in the law of the Member State to which the controller is subject.

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5.

In the absence of an adequacy decision, Union or Member State law may, for importantreasons of public interest, expressly set limits to the transfer of specific categories of
personal data to a third country or an international organisation. Member States shall notify
such provisions to the Commission.

6.

The controller or processor shall document the assessment as well as the suitablesafeguards referred to in the second subparagraph of paragraph 1 of this Article in therecords referred to in Article 30.
Article 50
International cooperation for the protection of personal data

In relation to third countries and international organisations, the Commission and supervisory
authorities shall take appropriate steps to:(a)develop international cooperation mechanisms to facilitate the effective enforcement oflegislation for the protection of personal data;(b)provide international mutual assistance in the enforcement of legislation for the protectionof personal data, including through notification, complaint referral, investigative assistanceand information exchange, subject to appropriate safeguards for the protection of personal
data and other fundamental rights and freedoms;(c)engage relevant stakeholders in discussion and activities aimed at furthering international
cooperation in the enforcement of legislation for the protection of personal data;(d)promote the exchange and documentation of personal data protection legislation andpractice, including on jurisdictional conflicts with third countries.

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CHAPTER VI
INDEPENDENT SUPERVISORY AUTHORITIESSECTION 1
INDEPENDENT STATUS

Article 51
Supervisory authority
1.

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

2.

Each supervisory authority shall contribute to the consistent application of this Regulation
throughout the Union. For that purpose, the supervisory authorities shall cooperate witheach other and the Commission in accordance with Chapter VII.

3.

Where more than one supervisory authority is established in a Member State, that
Member State shall designate the supervisory authority which is to represent thoseauthorities in the Board and shall set out the mechanism to ensure compliance by the otherauthorities with the rules relating to the consistency mechanism referred to in Article 63.

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4.

Each Member State shall notify to the Commission the provisions of its law which it
adopts pursuant to this Chapter, by … [two years from the date of entry into force of thisRegulation] at the latest and, without delay, any subsequent amendment affecting them.
Article 52
Independence

1.

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

2.

The member or members of each supervisory authority shall, in the performance of theirtasks and exercise of their powers in accordance with this Regulation, remain free fromexternal influence, whether direct or indirect, and shall neither seek nor take instructions
from anybody.

3.

Member or members of each supervisory authority shall refrain from any action
incompatible with their duties and shall not, during their term of office, engage in any
incompatible occupation, whether gainful or not.

4.

Each Member State shall ensure that each supervisory authority is provided with thehuman, technical and financial resources, premises and infrastructure necessary for theeffective performance of its tasks and exercise of its powers, including those to be carriedout in the context of mutual assistance, cooperation and participation in the Board.

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5.

Each Member State shall ensure that each supervisory authority chooses and has its own
staff which shall be subject to the exclusive direction of the member or members of thesupervisory authority concerned.

6.

Each Member State shall ensure that each supervisory authority is subject to financial
control which does not affect its independence and that it has separate, public annual
budgets, which may be part of the overall state or national budget.
Article 53
General conditions for the members of the supervisory authority

1.

Member States shall provide for each member of their supervisory authorities to beappointed by means of a transparent procedure by:2.

–

their parliament;–

their government;–

their head of State; or–an independent body entrusted with the appointment under Member State law.

Each member shall have the qualifications, experience and skills, in particular in the areaof the protection of personal data, required to perform its duties and exercise its powers.

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3.

The duties of a member shall end in the event of the expiry of the term of office,resignation or compulsory retirement, in accordance with the law of the Member State
concerned.

4.

A member shall be dismissed only in cases of serious misconduct or if the member nolonger fulfils the conditions required for the performance of the duties.
Article 54
Rules on the establishment of the supervisory authority

1.

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

the qualifications and eligibility conditions required to be appointed as member of
each supervisory authority;(c)the rules and procedures for the appointment of the member or members of eachsupervisory authority;(d)the duration of the term of the member or members of each supervisory authority of
no less than four years, except for the first appointment after … [the date of entry
into force of this Regulation], part of which may take place for a shorter period
where that is necessary to protect the independence of the supervisory authority bymeans of a staggered appointment procedure;

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(e)

whether and, if so, for how many terms the member or members of each supervisory
authority is eligible for reappointment;(f)the conditions governing the obligations of the member or members and staff of eachsupervisory authority, prohibitions on actions, occupations and benefits incompatible
therewith during and after the term of office and rules governing the cessation of
employment.

2.

The member or members and the staff of each supervisory authority shall, in accordancewith Union or Member State law, be subject to a duty of professional secrecy both during
and after their term of office, with regard to any confidential information which has cometo their knowledge in the course of the performance of their tasks or exercise of theirpowers. During their term of office, that duty of professional secrecy shall in particular
apply to reporting by natural persons of infringements of this Regulation.

SECTION 2
COMPETENCE, TASKS AND POWERS

Article 55
Competence1.

Each supervisory authority shall be competent for the performance of the tasks assigned toand the exercise of the powers conferred on it in accordance with this Regulation on the
territory of its own Member State.

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2.

Where processing is carried out by public authorities or private bodies acting on the basisof points (c) or (e) of Article 6(1), the supervisory authority of the Member State
concerned shall be competent. In such cases Article 56 does not apply.

3.

Supervisory authorities shall not be competent to supervise processing operations of courts
acting in their judicial capacity.
Article 56
Competence of the lead supervisory authority

1.

Without prejudice to Article 55, the supervisory authority of the main establishment or of
the single establishment of the controller or processor shall be competent to act as leadsupervisory authority for the cross-border processing carried out by that controller orprocessor in accordance with the procedure provided in Article 60.

2.

By derogation from paragraph 1, each supervisory authority shall be competent to handle acomplaint 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.

3.

In the cases referred to in paragraph 2 of this Article, the supervisory authority shall informthe lead supervisory authority without delay on that matter. Within a period of three weeks
after being informed the lead supervisory authority shall decide whether or not it willhandle the case in accordance with the procedure provided in Article 60, taking into
account whether or not there is an establishment of the controller or processor in theMember State of which the supervisory authority informed it.

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4.

Where the lead supervisory authority decides to handle the case, the procedure provided in
Article 60 shall apply. The supervisory authority which informed the lead supervisory
authority may submit to the lead supervisory authority a draft for a decision. The leadsupervisory authority shall take utmost account of that draft when preparing the draft
decision referred to in Article 60(3).

5.

Where the lead supervisory authority decides not to handle the case, the supervisory
authority which informed the lead supervisory authority shall handle it according to
Articles 61 and 62.

6.

The lead supervisory authority shall be the sole interlocutor of the controller or processor
for the cross-border processing carried out by that controller or processor.
Article 57
Tasks

1.

Without prejudice to other tasks set out under this Regulation, each supervisory authority
shall on its territory:(a)monitor and enforce the application of this Regulation;(b)promote public awareness and understanding of the risks, rules, safeguards and rights
in relation to processing. Activities addressed specifically to children shall receive
specific attention;

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(c)

advise, in accordance with Member State law, the national parliament, thegovernment, and other institutions and bodies on legislative and administrative
measures relating to the protection of natural persons' rights and freedoms withregard to processing;(d)promote the awareness of controllers and processors of their obligations under thisRegulation;(e)upon request, provide information to any data subject concerning the exercise of theirrights under this Regulation and, if appropriate, cooperate with the supervisory
authorities in other Member States to that end;(f)handle complaints lodged by a data subject, or by a body, organisation or associationin accordance with Article 80, and investigate, to the extent appropriate, the subject
matter of the complaint and inform the complainant of the progress and the outcomeof the investigation within a reasonable period, in particular if further investigation or
coordination with another supervisory authority is necessary;(g)cooperate with, including sharing information and provide mutual assistance to, othersupervisory authorities with a view to ensuring the consistency of application andenforcement of this Regulation;(h)conduct investigations on the application of this Regulation, including on the basis of
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(i)

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;(j)adopt standard contractual clauses referred to in Article 28(8) and point (d) of
Article 46(2);(k)

establish and maintain a list in relation to the requirement for data protection impact
assessment pursuant to Article 35(4);(l)

give advice on the processing operations referred to in Article 36(2);(m) encourage the drawing up of codes of conduct pursuant to Article 40 and provide an
opinion and approve such codes of conduct which provide sufficient safeguards,
pursuant to Article 40(5);(n)

encourage the establishment of data protection certification mechanisms and of dataprotection seals and marks pursuant to Article 42(1), and approve the criteria ofcertification pursuant to Article 42(5);(o)

where applicable, carry out a periodic review of certifications issued in accordancewith Article 42(7);(p)

draft and publish the criteria for accreditation of a body for monitoring codes ofconduct pursuant to Article 41 and of a certification body pursuant to Article 43;5419/16

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(q)

conduct the accreditation of a body for monitoring codes of conduct pursuant to
Article 41 and of a certification body pursuant to Article 43;(r)authorise contractual clauses and provisions referred to in Article 46(3);(s)

approve binding corporate rules pursuant to Article 47;(t)contribute to the activities of the Board;(u)keep internal records of infringements of this Regulation and of measures taken inaccordance with Article 58(2); and(v)
2.

fulfil any other tasks related to the protection of personal data.

Each supervisory authority shall facilitate the submission of complaints referred to inpoint (f) of paragraph 1, by measures such as a complaint submission form which may also
be completed electronically, without excluding other means of communication.

3.

The performance of the tasks of each supervisory authority shall be free of charge for thedata subject and, where applicable, for the data protection officer.

4.

Where requests are manifestly unfounded or excessive, in particular because of theirrepetitive 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 therequest.

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Article 58
Powers1.

Each supervisory authority shall have all of the following investigative powers:(a)to order the controller and the processor, and, where applicable, the controller's or theprocessor's representative to provide any information it requires for the performanceof its tasks;(b)

to carry out investigations in the form of data protection audits;(c)to carry out a review on certifications issued pursuant to Article 42(7);(d)

to notify the controller or the processor of an alleged infringement of this Regulation;(e)

to obtain, from the controller and the processor, access to all personal data and to all
information necessary for the performance of its tasks;(f)

to obtain access to any premises of the controller and the processor, including to any
data processing equipment and means, in accordance with Union or Member State
procedural law.

2.

Each supervisory authority shall have all of the following corrective powers:(a)to issue warnings to a controller or processor that intended processing operations arelikely to infringe provisions of this Regulation;

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(b)

to issue reprimands to a controller or a processor where processing operations haveinfringed provisions of this Regulation;(c)to order the controller or the processor to comply with the data subject's requests toexercise his or her rights pursuant to this Regulation;(d)to order the controller or processor to bring processing operations into compliancewith the provisions of this Regulation, where appropriate, in a specified manner andwithin a specified period;(e)to order the controller to communicate a personal data breach to the data subject;(f)

to impose a temporary or definitive limitation including a ban on processing;(g)to order the rectification or erasure of personal data or restriction of processing
pursuant to Articles 16, 17 and 18 and the notification of such actions to recipients towhom the personal data have been disclosed pursuant to Articles 17(2) and 19;(h)to withdraw a certification or to order the certification body to withdraw acertification issued pursuant to Articles 42 and 43, or to order the certification bodynot to issue certification if the requirements for the certification are not or are nolonger met;

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(i)

to impose an administrative fine pursuant to Article 83, in addition to, or instead of
measures referred to in this paragraph, depending on the circumstances of eachindividual case;(j)to order the suspension of data flows to a recipient in a third country or to aninternational organisation.

3.

Each supervisory authority shall have all of the following authorisation and advisory
powers:(a)to advise the controller in accordance with the prior consultation procedure referred
to in Article 36;(b)

to issue, on its own initiative or on request, opinions to the national parliament, theMember State government or, in accordance with Member State law, to otherinstitutions and bodies as well as to the public on any issue related to the protectionof personal data;(c)

to authorise processing referred to in Article 36(5), if the law of the Member Staterequires such prior authorisation;(d)to issue an opinion and approve draft codes of conduct pursuant to Article 40(5);(e)

to accredit certification bodies pursuant to Article 43;(f)

to issue certifications and approve criteria of certification in accordance with
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(g)

to adopt standard data protection clauses referred to in Article 28(8) and in point (d)of Article 46(2);

4.

(h)

to authorise contractual clauses referred to in point (a) of Article 46(3);(i)

to authorise administrative arrangements referred to in point (b) of Article 46(3);(j)

to approve binding corporate rules pursuant to Article 47.

The exercise of the powers conferred on the supervisory authority pursuant to this Article
shall be subject to appropriate safeguards, including effective judicial remedy and due
process, set out in Union and Member State law in accordance with the Charter.

5.

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 andwhere appropriate, to commence or engage otherwise in legal proceedings, in order toenforce the provisions of this Regulation.

6.

Each Member State may provide by law that its supervisory authority shall have additional
powers to those referred to in paragraphs 1, 2 and 3. The exercise of those powers shall not
impair the effective operation of Chapter VII.

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Article 59
Activity reports
Each supervisory authority shall draw up an annual report on its activities, which may include a listof types of infringement notified and types of measures taken in accordance with Article 58(2).
Those reports shall be transmitted to the national parliament, the government and other authorities
as designated by Member State law. They shall be made available to the public, to the Commission
and to the Board.

CHAPTER VII
COOPERATION AND CONSISTENCYSECTION 1
COOPERATION

Article 60
Cooperation between the lead supervisory authority
and other supervisory authorities concerned
1.

The lead supervisory authority shall cooperate with the other supervisory authorities
concerned in accordance with this Article in an endeavour to reach consensus. The leadsupervisory authority and the supervisory authorities concerned shall exchange all relevant
information with each other.

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2.

The lead supervisory authority may request at any time other supervisory authorities
concerned to provide mutual assistance pursuant to Article 61 and may conduct joint
operations pursuant to Article 62, in particular for carrying out investigations or formonitoring the implementation of a measure concerning a controller or processor
established in another Member State.

3.

The lead supervisory authority shall, without delay, communicate the relevant informationon 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.

4.

Where any of the other supervisory authorities concerned within a period of four weeks
after having been consulted in accordance with paragraph 3 of this Article, expresses a
relevant and reasoned objection to the draft decision, the lead supervisory authority shall, if
it does not follow the relevant and reasoned objection or is of the opinion it is not relevant
and reasoned, submit the matter to the consistency mechanism referred to in Article 63.

5.

Where the lead supervisory authority intends to follow the relevant and reasoned objection
made, it shall submit to the other supervisory authorities concerned a revised draft decision
for their opinion. That revised draft decision shall be subject to the procedure referred to inparagraph 4 within a period of two weeks.

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6.

Where none of the other supervisory authorities concerned has objected to the draft
decision submitted by the lead supervisory authority within the period referred to inparagraphs 4 and 5, the lead supervisory authority and the supervisory authorities
concerned shall be deemed to be in agreement with that draft decision and shall be boundby it.

7.

The lead supervisory authority shall adopt and notify the decision to the mainestablishment or single establishment of the controller or processor, as the case may be andinform the other supervisory authorities concerned and the Board of the decision inquestion, including a summary of the relevant facts and grounds. The supervisory authority
with which a complaint has been lodged shall inform the complainant on the decision.

8.

By derogation from paragraph 7, where a complaint is dismissed or rejected, thesupervisory authority with which the complaint was lodged shall adopt the decision andnotify it to the complainant and shall inform the controller thereof.

9.

Where the lead supervisory authority and the supervisory authorities concerned agree todismiss or reject parts of a complaint and to act on other parts of that complaint, a separate
decision shall be adopted for each of those parts of the matter. The lead supervisory
authority shall adopt the decision for the part concerning actions in relation to thecontroller, shall notify it to the main establishment or single establishment of the controller
or processor on the territory of its Member State and shall inform the complainant thereof,
while the supervisory authority of the complainant shall adopt the decision for the partconcerning dismissal or rejection of that complaint, and shall notify it to that complainantand shall inform the controller or processor thereof.

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10.

After being notified of the decision of the lead supervisory authority pursuant toparagraphs7 and 9, the controller or processor shall take the necessary measures to ensurecompliance with the decision as regards processing activities in the context of all its
establishments in the Union. The controller or processor shall notify the measures taken forcomplying with the decision to the lead supervisory authority, which shall inform the othersupervisory authorities concerned.

11.

Where, in exceptional circumstances, a supervisory authority concerned has reasons to
consider that there is an urgent need to act in order to protect the interests of data subjects,
the urgency procedure referred to in Article 66 shall apply.

12.

The lead supervisory authority and the other supervisory authorities concerned shall supply
the information required under this Article to each other by electronic means, using astandardised format.
Article 61
Mutual assistance

1.

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

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2.

Each supervisory authority shall take all appropriate measures required to reply to arequest of another supervisory authority without undue delay and no later than one monthafter receiving the request. Such measures may include, in particular, the transmission of
relevant information on the conduct of an investigation.

3.

Requests for assistance shall contain all the necessary information, including the purposeof and reasons for the request. Information exchanged shall be used only for the purpose
for which it was requested.

4.

The requested supervisory authority shall not refuse to comply with the request unless:(a)

it is not competent for the subject-matter of the request or for the measures it isrequested to execute; or(b)compliance with the request would infringe this Regulation or Union orMember State law to which the supervisory authority receiving the request is subject.

5.

The requested supervisory authority shall inform the requesting supervisory authority of
the results or, as the case may be, of the progress of the measures taken in order to respondto the request. The requested supervisory authority shall provide reasons for any refusal tocomply with a requestpursuant to paragraph 4.

6.

Requested supervisory authorities shall, as a rule, supply the information requested byother supervisory authorities by electronic means, using a standardised format.

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7.

Requested supervisory authorities shall not charge a fee for any action taken by thempursuant to a request for mutual assistance. Supervisory authorities may agree on rules toindemnify each other for specific expenditure arising from the provision of mutual
assistance in exceptional circumstances.

8.

Where a supervisory authority does not provide the information referred to in paragraph 5
within one month of receiving the request of another supervisory authority, the requestingsupervisory authority may adopt a provisional measure on the territory of its Member Statein accordance with Article 55(1). In that case, the urgent need to act under Article 66(1)shall be presumed to be met and require an urgent binding decision from the Board
pursuant to Article 66(2).

9.

The Commission may, by means of implementing acts, specify the format and procedures
for mutual assistance referred to in this Article and the arrangements for the exchange of
information by electronic means between supervisory authorities, and between supervisory
authorities and the Board, in particular the standardised format referred to in paragraph 6of this Article. Those implementing acts shall be adopted in accordance with theexamination procedure referred to in Article 93(2).
Article 62
Joint operations of supervisory authorities

1.

The supervisory authorities shall, where appropriate, conduct joint operations including
joint investigations and joint enforcement measures in which members or staff from thesupervisory authorities of other Member States are involved.

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2.

Where the controller or processor has establishments in several Member States or where asignificant number of data subjects in more than one Member State are likely to be
substantially affected by processing operations, a supervisory authority of each of thoseMember States shall have the right to participate in joint operations. The supervisory
authority which is competent pursuant to Article 56 (1) or 56(4) shall invite the supervisory
authority of each of those Member States to take part in the joint operations and shall
respond without delay to the request of a supervisory authority to participate.

3.

A supervisory authority may, in accordance with Member State law, and with theseconding 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 theirinvestigative powers in accordance with the law of the Member State of the seconding
supervisory authority. Such investigative powers may be exercised only under the guidance
and in the presence of members or staff of the host supervisory authority. The seconding
supervisory authority's members or staff shall be subject to the Member State law of thehost supervisory authority.

4.

Where, in accordance with paragraph 1, staff of a seconding supervisory authority operate
in another Member State, the Member State of the host supervisory authority shall assume
responsibility for their actions, including liability, for any damage caused by them during
their operations, in accordance with the law of the Member State in whose territory they
are operating.

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5.

The Member State in whose territory the damage was caused shall make good suchdamage under the conditions applicable to damage caused by its own staff. The
Member State of the seconding supervisory authority whose staff has caused damage toany person in the territory of another Member State shall reimburse that otherMember State in full any sums it has paid to the persons entitled on their behalf.

6.

Without prejudice to the exercise of its rights vis-à-vis third parties and with the exceptionof paragraph 5, each Member State shall refrain, in the case provided for in paragraph 1,
from requesting reimbursement from another Member State in relation to damage referred
to in paragraph 4.

7.

Where a joint operation is intended and a supervisory authority does not, within one
month, comply with the obligation laid down in the second sentence of paragraph 2 of this
Article, the other supervisory authorities may adopt a provisional measure on the territoryof its Member State in accordance with Article 55. In that case, the urgent need to act
under Article 66(1) shall be presumed to be met and require an opinion or an urgent
binding decision from the Board pursuant to Article 66(2).

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SECTION 2CONSISTENCY

Article 63
Consistency mechanism
In order to contribute to the consistent application of this Regulation throughout the Union, thesupervisory authorities shall cooperate with each other and, where relevant, with the Commission,
through the consistency mechanism as set out in this Section.
Article 64
Opinion of the Board
1.

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 shallcommunicate the draft decision to the Board, when it:(a)aims to adopt a list of the processing operations subject to the requirement for a dataprotection impact assessment pursuant to Article 35(4);(b)

concerns a matter pursuant to Article 40(7) whether a draft code of conduct or anamendment or extension to a code of conduct complies with this Regulation;

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(c)

aims to approve the criteria for accreditation of a body pursuant to Article 41(3) or acertification body pursuant to Article 43(3);(d)

aims to determine standard data protection clauses referred to in point (d) of
Article 46(2) and Article 28(8);

2.

(e)

aims to authorise contractual clauses referred to in point (a) of Article 46(3); or(f)aims to approve binding corporate rules within the meaning of Article 47.

Any supervisory authority, the Chair of the Board or the Commission may request that any
matter of general application or producing effects in more than one Member State be
examined by the Board with a view to obtaining an opinion, in particular where acompetent supervisory authority does not comply with the obligations for mutual
assistance in accordance with Article 61 or for joint operations in accordance with
Article 62.

3.

In the cases referred to in paragraphs 1 and 2, the Board shall issue an opinion on thematter submitted to it provided that it has not already issued an opinion on the same matter.
That opinion shall be adopted within eight weeks by simple majority of the members of theBoard. That period may be extended by a further six weeks, taking into account thecomplexity of the subject matter. Regarding the draft decision referred to in paragraph 1
circulated to the members of the Board in accordance with paragraph 5, a member which
has not objected within a reasonable period indicated by the Chair, shall be deemed to bein agreement with the draft decision.

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4.

Supervisory authorities and the Commission shall, without undue delay, communicate byelectronic means to the Board, using a standardised format any relevant information,
including as the case may be a summary of the facts, the draft decision, the grounds whichmake the enactment of such measure necessary, and the views of other supervisory
authorities concerned.

5.

The Chair of the Board shall, without undue, delay inform by electronic means:(a)the members of the Board and the Commission of any relevant information which
has been communicated to it using a standardised format. The secretariat of theBoard shall, where necessary, provide translations of relevant information; and(b)the supervisory authority referred to, as the case may be, in paragraphs 1 and 2, andthe Commission of the opinion and make it public.

6.

The competent supervisory authority shall not adopt its draft decision referred to inparagraph 1 within the period referred to in paragraph 3.

7.

The supervisory authority referred to in paragraph 1 shall take utmost account of theopinion of the Board and shall within two weeks after receiving the opinion, electronicallycommunicate to the Chair of the Board whether it maintains or will amend its draft
decision and, if any, the amended draft decision, using a standardised format.

8.

Where the supervisory authority concerned informs the Chair of the Board within the
period referred to in paragraph 7 of this Article that it does not intend to follow the opinionof the Board, in whole or in part, providing the relevant grounds, Article 65(1) shall apply.

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Article 65
Dispute resolution by the Board
1.

In order to ensure the correct and consistent application of this Regulation in individual
cases, the Board shall adopt a binding decision in the following cases:(a)where, in a case referred to in Article 60(4), a supervisory authority concerned has
raised a relevant and reasoned objection to a draft decision of the lead authority or
the lead authority has rejected an objection as being not relevant or reasoned. The
binding decision shall concern all the matters which are the subject of the relevant
and reasoned objection, in particular whether there is an infringement of thisRegulation;(b)

where there are conflicting views on which of the supervisory authorities concernedis competent for the main establishment;(c)where a competent supervisory authority does not request the opinion of the Board in
the cases referred to in Article 64(1), or does not follow the opinion of the Board
issued under Article 64. In that case, any supervisory authority concerned or theCommission may communicate the matter to the Board.

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2.

The decision referred to in paragraph 1 shall be adopted within one month from the referralof the subject-matter by a two-third majority of the members of the Board. This period may
be extended by a further month on account of the complexity of the subject-matter. The
decision referred to in paragraph 1 shall be reasoned and addressed to the lead supervisory
authority and all the supervisory authorities concerned and binding on them.

3.

Where the Board has been unable to adopt a decision within the periods referred to inparagraph 2, it shall adopt its decision within two weeks following the expiration of thesecond month referred to in paragraph 2 by a simple majority of the members of the Board.
Where the members of the Board are split, the decision shall by adopted by the vote of its
Chair.

4.

The supervisory authorities concerned shall not adopt a decision on the subject matter
submitted to the Board under paragraph 1 during the periods referred to in paragraphs 2
and 3.

5.

The Chair of the Board shall notify, without undue delay, the decision referred to inparagraph 1 to the supervisory authorities concerned. It shall inform the Commission
thereof. The decision shall be published on the website of the Board without delay after thesupervisory authority has notified the final decision referred to in paragraph 6.

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6.

The lead supervisory authority or, as the case may be, the supervisory authority with which
the complaint has been lodged shall adopt its final decision on the basis of the decisionreferred to in paragraph 1 of this Article, without undue delay and at the latest by one
month after the Board has notified its decision. The lead supervisory authority or, as thecase may be, the supervisory authority with which the complaint has been lodged, shallinform the Board of the date when its final decision is notified respectively to thecontroller or the processor and to the data subject. The final decision of the supervisory
authorities concerned shall be adopted under the terms of Article 60(7), (8) and (9). The
final decision shall refer to the decision referred to in paragraph 1 of this Article and shallspecify that the decision referred to in that paragraph will be published on the website of
the Board in accordance with paragraph 5 of this Article. The final decision shall attach thedecision referred to in paragraph 1 of this Article.
Article 66
Urgency procedure1.

In exceptional circumstances, where a supervisory authority concerned considers that there
is an urgent need to act in order to protect the rights and freedoms of data subjects, it may,by way of derogation from the consistency mechanism referred to in Articles 63, 64 and 65
or the procedure referred to in Article 60, immediately adopt provisional measuresintended to produce legal effects on its own territory with a specified period of validity
which shall not exceed three months. The supervisory authority shall, without delay,
communicate those measures and the reasons for adopting them to the other supervisory
authorities concerned, to the Board and to the Commission.

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2.

Where a supervisory authority has taken a measure pursuant to paragraph 1 and considers
that final measures need urgently be adopted, it may request an urgent opinion or an urgent
binding decision from the Board, giving reasons for requesting such opinion or decision.

3.

Any supervisory authority may request an urgent opinion or an urgent binding decision, as
the case may be, from the Board where a competent supervisory authority has not taken an
appropriate measure in a situation where there is an urgent need to act, in order to protect
the rights and freedoms of data subjects, giving reasons for requesting such opinion ordecision, including for the urgent need to act.

4.

By derogation from Articles 64(3) and 65(2), an urgent opinion or an urgent binding
decision referred to in paragraphs 2 and 3 of this Article shall be adopted within two weeks
by simple majority of the members of the Board.
Article 67
Exchange of information

The Commission may adopt implementing acts of general scope in order to specify thearrangements for the exchange of information by electronic means between supervisory authorities,
and between supervisory authorities and the Board, in particular the standardised format referred toin Article 64.
Those implementing acts shall be adopted in accordance with the examination procedure referred toin Article 93(2).

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SECTION 3
EUROPEAN DATA PROTECTION BOARD

Article 68
European Data Protection Board
1.

The European Data Protection Board (the 'Board') is hereby established as a body of theUnion and shall have legal personality.

2.

The Board shall be represented by its Chair.

3.

The Board shall be composed of the head of one supervisory authority of each
Member State and of the European Data Protection Supervisor, or their respective
representatives.

4.

Where in a Member State more than one supervisory authority is responsible formonitoring the application of the provisions pursuant to this Regulation, a joint
representative shall be appointed in accordance with that Member State's law.

5.

The Commission shall have the right to participate in the activities and meetings of theBoard without voting right. The Commission shall designate a representative. The Chair of
the Board shall communicate to the Commission the activities of the Board.

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6.

In the cases referred to in Article 65, the European Data Protection Supervisor shall havevoting 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 thisRegulation.
Article 69
Independence

1.

The Board shall act independently when performing its tasks or exercising its powers
pursuant to Articles 70 and 71.

2.

Without prejudice to requests by the Commission referred to in point (b) of Article 70(1)and in Article 70(2), the Board shall, in the performance of its tasks or the exercise of its
powers, neither seek nor take instructions from anybody.
Article 70
Tasks of the Board

1.

The Board shall ensure the consistent application of this Regulation. To that end, the Board
shall, on its own initiative or, where relevant, at the request of the Commission, inparticular:(a)monitor and ensure the correct application of this Regulation in the cases provided
for in Articles 64 and 65 without prejudice to the tasks of national supervisory
authorities;

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(b)

advise the Commission on any issue related to the protection of personal data in theUnion, including on any proposed amendment of this Regulation;(c)advise the Commission on the format and procedures for the exchange of
information between controllers, processors and supervisory authorities for binding
corporate rules;(d)issue guidelines, recommendations, and best practices on procedures for erasing
links, copies or replications of personal data from publicly available communication
services as referred to in Article 17 (2);(e)

examine, on its own initiative, on request of one of its members or on request of theCommission, any question covering the application of this Regulation and issue
guidelines, recommendations and best practices in order to encourage consistent
application of this Regulation;(f)issue guidelines, recommendations and best practices in accordance with point (e) of
this paragraph for further specifying the criteria and conditions for decisions basedon profiling pursuant to Article 22(2);(g)

issue guidelines, recommendations and best practices in accordance with point (e) of
this paragraph for establishing the personal data breaches and determining the undue
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(h)

issue guidelines, recommendations and best practices in accordance with point (e) of
this paragraph as to the circumstances in which a personal data breach is likely toresult in a high risk to the rights and freedoms of the natural persons referred to in
Article 34(1).

(i)

issue guidelines, recommendations and best practices in accordance with point (e) of
this paragraph for the purpose of further specifying the criteria and requirements for
personal data transfers based on binding corporate rules adhered to by controllers andbinding corporate rules adhered to by processors and on further necessary
requirements to ensure the protection of personal data of the data subjects concerned
referred to in Article 47;(j)issue guidelines, recommendations and best practices in accordance with point (e) of
this paragraph for the purpose of further specifying the criteria and requirements forthe personal data transfers on the basis of Article 49(1);(k)

draw up guidelines for supervisory authorities concerning the application of
measures referred to in Article 58(1), (2) and (3) and the fixing of administrativefines pursuant to Articles 83;(l)review the practical application of the guidelines, recommendations and bestpractices referred to in point (e) and (f);5419/16

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(m) issue guidelines, recommendations and best practices in accordance with point (e) of
this paragraph for establishing common procedures for reporting by natural persons
of infringements of this Regulation pursuant to Article 54(2);(n)

encourage the drawing-up of codes of conduct and the establishment of dataprotection certification mechanisms and data protection seals and marks pursuant to
Articles 40 and 42;(o)carry out the accreditation of certification bodies and its periodic review pursuant to
Article 43 and maintain a public register of accredited bodies pursuant to
Article 43(6) and of the accredited controllers or processors established in third
countries pursuant to Article 42(7);(p)

specify the requirements referred to in Article 43(3) with a view to the accreditationof certification bodies under Article 42;(q)provide the Commission with an opinion on the certification requirements referred toin Article 43(8);(r)

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(s)

provide the Commission with an opinion for the assessment of the adequacy of thelevel of protection in a third country or international organisation, including for theassessment whether a third country, a territory or one or more specified sectors
within that third country, or an international organisation no longer ensures anadequate level of protection. To that end, the Commission shall provide the Board
with all necessary documentation, including correspondence with the government of
the third country, with regard to that third country, territory or specified sector, orwith the international organisation.

(t)issue opinions on draft decisions of supervisory authorities pursuant to theconsistency mechanism referred to in Article 64(1), on matters submitted pursuant to
Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases
referred to in Article 66;(u)promote the cooperation and the effective bilateral and multilateral exchange of
information and best practices between the supervisory authorities;(v)

promote common training programmes and facilitate personnel exchanges between
the supervisory authorities and, where appropriate, with the supervisory authoritiesof third countries or with international organisations;(w) promote the exchange of knowledge and documentation on data protection
legislation and practice with data protection supervisory authorities worldwide.

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(x)

issue opinions on codes of conduct drawn up at Union level pursuant to
Article 40(9); and(y)maintain a publicly accessible electronic register of decisions taken by supervisory
authorities and courts on issues handled in the consistency mechanism.

2.

Where the Commission requests advice from the Board, it may indicate a time limit, taking
into account the urgency of the matter.

3.

The Board shall forward its opinions, guidelines, recommendations, and best practices to
the Commission and to the committee referred to in Article 93 and make them public.

4.

The Board shall, where appropriate, consult interested parties and give them theopportunity to comment within a reasonable period. The Board shall, without prejudice to
Article 76, make the results of the consultation procedure publicly available.
Article 71
Reports

1.

The Board shall draw up an annual report regarding the protection of natural persons withregard to processing in the Union and, where relevant, in third countries and internationalorganisations. The report shall be made public and be transmitted to the European
Parliament, to the Council and to the Commission.

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2.

The annual report shall include a review of the practical application of the guidelines,
recommendations and best practices referred to in point (l) of Article 70(1) as well as of
the binding decisions referred to in Article 65.
Article 72
Procedure

1.

The Board shall take decisions by a simple majority of its members, unless otherwise
provided for in this Regulation.

2.

The Board shall adopt its own rules of procedure by a two-third majority of its members
and organise its own operational arrangements.
Article 73
Chair

1.

The Board shall elect a chair and two deputy chairs from amongst its members by simple
majority.

2.

The term of office of the Chair and of the deputy chairs shall be five years and be
renewable once.

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Article 74
Tasks of the Chair
1.

The Chair shall have the following tasks:(a)to convene the meetings of the Board and prepare its agenda;(b)

to notify decisions adopted by the Board pursuant to Article 65 to the leadsupervisory authority and the supervisory authorities concerned;(c)to ensure the timely performance of the tasks of the Board, in particular in relation to
the consistency mechanism referred to in Article 63.

2.

The Board shall lay down the allocation of tasks between the Chair and the deputy chairs
in its rules of procedure.
Article 75
Secretariat

1.

The Board shall have a secretariat, which shall be provided by the European Data
Protection Supervisor.

2.

The secretariat shall perform its tasks exclusively under the instructions of the Chair of theBoard.

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3.

The staff of the European Data Protection Supervisor involved in carrying out the tasks
conferred on the Board by this Regulation shall be subject to separate reporting lines fromthe staff involved in carrying out tasks conferred on the European Data Protection
Supervisor.

4.

Where appropriate, the Board and the European Data Protection Supervisor shall establish
and publish a Memorandum of Understanding implementing this Article, determining theterms of their cooperation, and applicable to the staff of the European Data Protection
Supervisor involved in carrying out the tasks conferred on the Board by this Regulation.

5.

The secretariat shall provide analytical, administrative and logistical support to the Board.

6.

The secretariat shall be responsible in particular for:(a)the day-to-day business of the Board;(b)communication between the members of the Board, its Chair and the Commission;(c)communication with other institutions and the public;(d)the use of electronic means for the internal and external communication;(e)the translation of relevant information;(f)the preparation and follow-up of the meetings of the Board;(g)the preparation, drafting and publication of opinions, decisions on the settlement ofdisputes between supervisory authorities and other texts adopted by the Board.

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Article 76
Confidentiality
1.

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

2.

Access to documents submitted to members of the Board, experts and representatives ofthird parties shall be governed by Regulation (EC) No 1049/2001 of the European
Parliament and of the Council 1.

CHAPTER VIII
REMEDIES, LIABILITY AND PENALTIESArticle 77
Right to lodge a complaint with a supervisory authority
1.

Without prejudice to any other administrative or judicial remedy, every data subject shallhave the right to lodge a complaint with a supervisory authority, in particular in theMember State of his or her habitual residence, place of work or place of the alleged
infringment if the data subject considers that the processing of personal data relating to him
or her infringes this Regulation.

1

Regulation (EC) No 1049/2001 of the European Parliament and of the Council of
30 May 2001 regarding public access to European Parliament, Council and Commission
documents (OJ L 145, 31.5.2001, p. 43).

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2.

The supervisory authority with which the complaint has been lodged shall inform thecomplainant on the progress and the outcome of the complaint including the possibility ofa judicial remedy pursuant to Article 78.
Article 78
Right to an effective judicial remedy against a supervisory authority

1.

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.

2.

Without prejudice to any other administrative or non-judicial remedy, each data subject
shall have the right to a an effective judicial remedy where the supervisory authority whichis competent pursuant to Article 55 and Article 56 does not handle a complaint or does not
inform the data subject within three months on the progress or outcome of the complaint
lodged pursuant to Article 77.

3.

Proceedings against a supervisory authority shall be brought before the courts of theMember State where the supervisory authority is established.

4.

Where proceedings are brought against a decision of a supervisory authority which waspreceded by an opinion or a decision of the Board in the consistency mechanism, thesupervisory authority shall forward that opinion or decision to the court.

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Article 79
Right to an effective judicial remedy
against a controller or processor
1.

Without prejudice to any available administrative or non-judicial remedy, including theright to lodge a complaint with a supervisory authority pursuant to Article 77, each data
subject shall have the right to an effective judicial remedy where he or she considers that
his or her rights under this Regulation have been infringed as a result of the processing of
his or her personal data in non-compliance with this Regulation.

2.

Proceedings against a controller or a processor shall be brought before the courts of theMember State where the controller or processor has an establishment. Alternatively, suchproceedings 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 ofa Member State acting in the exercise of its public powers.

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Article 80
Representation of data subjects
1.

The data subject shall have the right to mandate a not-for-profit body, organisation or
association which has been properly constituted in accordance with the law of a
Member State, has statutory objectives which are in the public interest, and is active in thefield of the protection of data subjects' rights and freedoms with regard to the protection of
their personal data to lodge the complaint on his or her behalf, to exercise the rights
referred to in Articles 77, 78 and 79 on his or her behalf, and to exercise the right toreceive compensation referred to in Article 82 on his or her behalf where provided for by
Member State law.

2.

Member States may provide that any body, organisation or association referred to inparagraph 1 of this Article, independently of a data subject's mandate, has the right tolodge, in that Member State, a complaint with the supervisory authority which iscompetent pursuant to Article 77 and to exercise the rights referred to in Articles 78 and 79
if it considers that the rights of a data subject under this Regulation have been infringed asa result of the processing.

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Article 81
Suspension of proceedings
1.

Where a competent court of a Member State has information on proceedings, concerning
the same subject matter as regards processing by the same controller or processor, that are
pending in a court in another Member State, it shall contact that court in the otherMember State to confirm the existence of such proceedings.

2.

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 competentcourt other than the court first seized may suspend its proceedings.

3.

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 theconsolidation thereof.
Article 82
Right to compensation and liability

1.

Any person who has suffered material or non-material damage as a result of an
infringement of this Regulation shall have the right to receive compensation from thecontroller or processor for the damage suffered.

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2.

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 byprocessing only where it has not complied with obligations of this Regulation specificallydirected to processors or where it has acted outside or contrary to lawful instructions of thecontroller.

3.

A controller or processor shall be exempt from liability under paragraph 2 if it proves that
it is not in any way responsible for the event giving rise to the damage.

4.

Where more than one controller or processor, or both a controller and a processor, areinvolved in the same processing and where they are, under paragraphs 2 and 3, responsible
for any damage caused by processing, each controller or processor shall be held liable forthe entire damage in order to ensure effective compensation of the data subject.

5.

Where a controller or processor has, in accordance with paragraph 4, paid fullcompensation for the damage suffered, that controller or processor shall be entitled toclaim back from the other controllers or processors involved in the same processing thatpart of the compensation corresponding to their part of responsibility for the damage, in
accordance with the conditions set out in paragraph 2.

6.

Court proceedings for exercising the right to receive compensation shall be brought before
the courts competent under the law of the Member State referred to in Article 79(2).

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Article 83
General conditions for imposing administrative fines
1.

Each supervisory authority shall ensure that the imposition of administrative fines pursuant
to this Article in respect of infringements of this Regulation referred to in paragraphs 4, 5
and 6 shall in each individual case be effective, proportionate and dissuasive.

2.

Administrative fines shall, depending on the circumstances of each individual case, be
imposed in addition to, or instead of, measures referred to in points (a) to (h) and (j) of
Article 58(2). When deciding whether to impose an administrative fine and deciding on theamount of the administrative fine in each individual case due regard shall be given to thefollowing:(a)the nature, gravity and duration of the infringement taking into account the naturescope or purpose of the processing concerned as well as the number of data subjects
affected and the level of damage suffered by them;(b)

the intentional or negligent character of the infringement;(c)

any action taken by the controller or processor to mitigate the damage suffered bydata subjects;(d)

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(e)

any relevant previous infringements by the controller or processor;(f)the degree of cooperation with the supervisory authority, in order to remedy the
infringement and mitigate the possible adverse effects of the infringement;(g)the categories of personal data affected by the infringement;(h)the manner in which the infringement became known to the supervisory authority, inparticular whether, and if so to what extent, the controller or processor notified theinfringement;(i)in case measures referred to in Article 58(2) have previously been ordered against thecontroller or processor concerned with regard to the same subject-matter, compliancewith those measures;(j)adherence to approved codes of conduct pursuant to Article 40 or approved
certification mechanisms pursuant to Article 42; and(k)any other aggravating or mitigating factor applicable to the circumstances of thecase, such as financial benefits gained, or losses avoided, directly or indirectly, fromthe infringement.

3.

If a controller or processor intentionally or negligently, for the same or linked processing
operations, infringes several provisions of this Regulation, the total amount of theadministrative fine shall not exceed the amount specified for the gravest infringement.

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4.

Infringments of the following provisions shall, in acccordance with paragraph 2, be subject
to administrative fines up to 10 000 000 EUR, or in the case of an undertaking, up to 2 %of the total worldwide annual turnover of the preceding financial year, whichever is higher:(a)the obligations of the controller and the processor pursuant to Articles 8, 11, 25, 26,
27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 42 and 43;

5.

(b)

the obligations of the certification body pursuant to Articles 42 and 43;(c)the obligations of the monitoring body pursuant to Article 41(4).

Infringements of the following provisions shall, in accordance with paragraph 2, be subject
to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 %of the total worldwide annual turnover of the preceding financial year, whichever is higher:(a)the basic principles for processing, including conditions for consent, pursuant to
Articles 5, 6, 7 and 9;(b)

the data subjects' rights pursuant to Articles 12 to 22;(c)the transfers of personal data to a recipient in a third country or an internationalorganisation pursuant to Articles 44 to 49;

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(d)

any obligations pursuant to Member State law adopted unter Chapter IX;(e)non-compliance with an order or a temporary or definitive limitation on processingor the suspension of data flows by the supervisory authority pursuant to Article 58(2)or failure to provide access in violation of Article 58(1).

6.

Non-compliance with an order by the supervisory authority as referred to in Article 58(2)shall, in acccordance with paragraph 2 of this Article, be subject to administrative fines up
to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide
annual turnover of the preceding financial year, whichever is higher.

7.

Without prejudice to the corrective powers of supervisory authorities pursuant to
Article 58(2), each Member State may lay down the rules on whether and to what extent
administrative fines may be imposed on public authorities and bodies established in that
Member State.

8.

The exercise by the supervisory authority of its powers under this Article shall be subject
to appropriate procedural safeguards in accordance with Union and Member State law,
including effective judicial remedy and due process.

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9.

Where the legal system of the Member State does not provide for administrative fines, this
Article may be applied in such a manner that the fine is initiated by the competentsupervisory authority and imposed by competent national courts, while ensuring that thoselegal remedies are effective and have an equivalent effect to the administrative fines
imposed by supervisory authorities. In any event, the fines imposed shall be effective,
proportionate and dissuasive. Those Member States shall notify to the Commission theprovisions of their laws which they adopt pursuant to this paragraph by … [two years fromthe date of entry into force of this Regulation] and, without delay, any subsequent
amendment law or amendment affecting them.
Article 84
Penalties

1.

Member States shall lay down the rules on other penalties applicable to infringements ofthis Regulation in particular for infringements which are not subject to administrative fines
pursuant to Article 83, and shall take all measures necessary to ensure that they are
implemented. Such penalties shall be effective, proportionate and dissuasive.

2.

Each Member State shall notify to the Commission the provisions of its law which it
adopts pursuant to paragraph 1, by … [two years from the date of entry into force of thisRegulation] and, without delay, any subsequent amendment affecting them.

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CHAPTER IXPROVISIONS RELATINGTO SPECIFIC PROCESSING SITUATIONSArticle 85
Processing and freedom of expression and information
1.

Member States shall by law reconcile the right to the protection of personal data pursuant
to this Regulation with the right to freedom of expression and information, including
processing for journalistic purposes and the purposes of academic, artistic or literary
expression.

2.

For processing carried out for journalistic purposes or the purpose of academic artistic orliterary expression, Member States shall provide for exemptions or derogations from
Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller andprocessor), Chapter V (transfer of personal data to third countries or internationalorganisations), Chapter VI (independent supervisory authorities), Chapter VII (cooperationand consistency) and Chapter IX (specific data processing situations) if they are necessary
to reconcile the right to the protection of personal data with the freedom of expression andinformation.

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3.

Each Member State shall notify to the Commission the provisions of its law which it has
adopted pursuant to paragraph 2 and, without delay, any subsequent amendment law oramendment affecting them.
Article 86
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 forthe performance of a task carried out in the public interest may be disclosed by the authority or
body in accordance with Union or Member State law to which the public authority or body is
subject in order to reconcile public access to official documents with the right to the protection of
personal data pursuant to this Regulation.
Article 87
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 underappropriate safeguards for the rights and freedoms of the data subject pursuant to this Regulation.

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Article 88
Processing in the context of employment
1.

Member States may, by law or by collective agreements, provide for more specific rules toensure the protection of the rights and freedoms in respect of the processing of employees'
personal data in the employment context, in particular for the purposes of the recruitment,
the performance of the contract of employment, including discharge of obligations laid
down by law or by collective agreements, management, planning and organisation of work,
equality and diversity in the workplace, health and safety at work, protection of employer's
or customer's property and for the purposes of the exercise and enjoyment, on an individual
or collective basis, of rights and benefits related to employment, and for the purpose of thetermination of the employment relationship.

2.

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 thetransparency of processing, the transfer of personal data within a group of undertakings, ora group of entreprises engaged in a joint economic activity and monitoring systems at thework place.

3.

Each Member State shall notify to the Commission those provisions of its law which it
adopts pursuant to paragraph 1, by … [two years from the date of entry into force of thisRegulation] and, without delay, any subsequent amendment affecting them.

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Article 89
Safeguards and derogations
relating to processing for archiving purposes in the public interest,
scientific or historical research purposes or statistical purposes
1.

Processing for archiving purposes in the public interest, scientific or historical research
purposes or statistical purposes, shall be subject to appropriate safeguards, in accordancewith this Regulation, for the rights and freedoms of the data subject. Those safeguards shallensure that technical and organisational measures are in place in particular in order toensure respect for the principle of data minimisation. Those measures may include
pseudonymisation provided that those purposes can be fulfilled in that manner. Where
those purposes can be fulfilled by further processing which does not permit or no longer
permits the identification of data subjects, those purposes shall be fulfilled in that manner.

2.

Where personal data are processed for scientific or historical research purposes or
statistical purposes, Union or Member State law may provide for derogations from therights referred to in Articles 15, 16, 18 and 21 subject to the conditions and safeguards
referred to in paragraph 1 of this Article in so far as such rights are likely to render
impossible or seriously impair the achievement of the specific purposes, and suchderogations are necessary for the fulfilment of those purposes.

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3.

Where personal data are processed for archiving purposes in the public interest, Union orMember State law may provide for derogations from the rights referred to in Articles 15,
16, 18, 19, 20 and 21 subject to the conditions and safeguards referred to in paragraph 1 ofthis Article in so far as such rights are likely to render impossible or seriously impair theachievement of the specific purposes, and such derogations are necessary for the fulfilmentof those purposes.

4.

Where processing referred to in paragraphs 2 and 3 serves at the same time anotherpurpose, the derogations shall apply only to processing for the purposes referred to in thoseparagraphs.
Article 90
Obligations of secrecy

1.

Member States may adopt specific rules to set out the powers of the supervisory authorities
laid down in points (e) and (f) of Article 58(1) in relation to controllers or processors thatare subject, under Union or Member State law or rules established by national competentbodies, to an obligation of professional secrecy or other equivalent obligations of secrecy
where this is necessary and proportionate to reconcile the right of the protection of
personal data with the obligation of secrecy. Those rules shall apply only with regard to
personal data which the controller or processor has received as a result ofor has obtained inan activity covered by that obligation of secrecy.

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2.

Each Member State shall notify to the Commission the rules adopted pursuant to paragraph
1, by … [two years from the date of entry into force of this Regulation] and, without delay,
any subsequent amendment affecting them.
Article 91
Existing data protection rules of churches and religious associations

1.

Where in a Member State, churches and religious associations or communities apply, at thetime of entry into force of this Regulation, comprehensive rules relating to the protectionof natural persons with regard to processing, such rules may continue to apply, provided
that they are brought into line with this Regulation.

2.

Churches and religious associations which apply comprehensive rules in accordance withparagraph 1 shall be subject to the supervision of an independent supervisory authority,
which may be specific, provided that it fulfils the conditions laid down in Chapter VI ofthis Regulation.

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CHAPTER X
DELEGATED ACTS AND IMPLEMENTING ACTS

Article 92
Exercise of the delegation
1.

The power to adopt delegated acts is conferred on the Commission subject to theconditions laid down in this Article.

2.

The delegation of power referred to in Article 12(8) and Article 43(8) shall be conferred on
the Commission for an indeterminate period of time from … [the date of entry into force of
this Regulation].

3.

The delegation of power referred to in Article 12(8) and Article 43(8) may be revoked at
any time by the European Parliament or by the Council. A decision of revocation shall put
an end to the delegation of power specified in that decision. It shall take effect the day
following that of its publication in the Official Journal of the European Union or at a later
date specified therein. It shall not affect the validity of any delegated acts already in force.

4.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to theEuropean Parliament and to the Council.

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5.

A delegated act adopted pursuant to Article 12(8) and Article 43(8) shall enter into force
only if no objection has been expressed by either the European Parliament or the Council
within a period of three months of notification of that act to the European Parliament andthe 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.
Article 93
Committee procedure

1.

The Commission shall be assisted by a committee. That committee shall be a committee
within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shallapply.

3.

Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in
conjunction with Article 5 thereof, shall apply.

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CHAPTER XIFINAL PROVISIONS

Article 94
Repeal of Directive 95/46/EC
1.

Directive 95/46/EC is repealed with effect from … [two years from the date of entry into
force of this Regulation].

2.

References to the repealed Directive shall be construed as references to this Regulation.
References to the Working Party on the Protection of Individuals with regard to theProcessing of Personal Data established by Article 29 of Directive 95/46/EC shall be
construed as references to the European Data Protection Board established by thisRegulation.
Article 95
Relationship with Directive 2002/58/EC

This Regulation shall not impose additional obligations on natural or legal persons in relation toprocessing in connection with the provision of publicly available electronic communications
services in public communication networks in the Union in relation to matters for which they are
subject to specific obligations with the same objective set out in Directive 2002/58/EC.

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Article 96
Relationship with previously concluded Agreements
International agreements involving the transfer of personal data to third countries or internationalorganisations which were concluded by Member States prior to … [the date of entry into force of
this Regulation], and which are in accordance with Union law applicable prior to … [the date ofentry into force of this Regulation], shall remain in force until amended, replaced or revoked.
Article 97
Commission reports
1.

By … [4 years after the date of entry into force of this Regulation] and every four years
thereafter, the Commission shall submit a report on the evaluation and review of thisRegulation to the European Parliament and to the Council. The reports shall be madepublic.

2.

In the context of the evaluations and reviews referred to in paragraph 1, the Commission
shall examine, in particular, the application and functioning of:(a)

Chapter V on the transfer of personal data to third countries or internationalorganisations with particular regard to decisions adopted pursuant to Article 45(3) ofthis Regulation and decisions adopted on the basis of Article 25(6) of
Directive 95/46/EC;(b)

Chapter VII on cooperation and consistency.

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3.

For the purpose of paragraph 1, the Commission may request information from
Member States and supervisory authorities.

4.

In carrying out the evaluations and reviews referred to in paragraphs 1 and 2, theCommission shall take into account the positions and findings of the European Parliament,of the Council, and of other relevant bodies or sources.

5.

The Commission shall, if necessary, submit appropriate proposals to amend thisRegulation, in particular taking into account of developments in information technology
and in the light of the state of progress in the information society.
Article 98
Review of other Union legal acts on data protection

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

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Article 99
Entry into force and application
1.

This Regulation shall enter into force on the twentieth day following that of its publicationin the Official Journal of the European Union.

2.

It shall apply from … [two years from the date of entry into force of this Regulation].

This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,

For the European Parliament

For the Council

The President

The President

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