Council of theEuropean Union
Brussels, 11 June 2015
(OR. en)9565/15Interinstitutional File:
2012/0011 (COD)
DATAPROTECT 97
JAI 420
MI 369DIGIT 49
DAPIX 94
FREMP 133
COMIX 259
CODEC 823
NOTE
From:
To:

Presidency
CouncilNo. prev. doc.:

9398/15

Subject:

Proposal for a Regulation of the European Parliament and of the Council
on the protection of individuals with regard to the processing of personal
data and on the free movement of such data (General Data Protection
Regulation)- Preparation of a general approach

Introduction
On 25 January 2012, the Commission adopted its proposal for a General Data Protection Regulation(5853/12). The new Regulation is intended to replace Directive 95/46/EC. The twofold aim of theRegulation is to enhance data protection rights of individuals and to improve business opportunities
by facilitating the free flow of personal data in the digital single market.

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In parallel with the proposal for a General Data Protection Regulation, the Commission adopted apolicy communication setting out the Commission's objectives (5852/12) and a Directive on dataprocessing for law enforcement purposes (5833/12). The new directive is intended to replace the2008 Data Protection Framework Decision.
The European Parliament adopted its first reading positions on the proposals for a data protection
Regulation and a data protection Directive on 12 March 2014.
Compromise text
Several partial general approaches have been instrumental in converging views in Council on the
proposal for a General Data Protection Regulation in its entirety. The text on the Regulation which
the Presidency submits for approval as a General Approach appears in annex. All changes made to
the original Commission proposal are underlined; where text has been deleted, this is indicated by(…). Where existing text has been moved, this text is indicated in italics. The comments ofdelegations on the text of the Regulation - which did not yet contain the new Presidency suggestions
on recital 118 and recital 134 - are reflected in the Outcome of proceedings of the meeting of thePermanent Representatives Committee on 9 June 2015 (9788/15).
In light of the meeting of the Permanent Representatives Committee on 9 June 2015, the Presidency
made two changes.
The right to compensation and liability - Article 77 and recital (118)
The Presidency suggests to amend recital (118) with a view to clarifying that the overarching aim of
Article 77 and recital (118) is to ensure the data subject's full and effective compensation for thedamage suffered. Taking into account that the legal systems for treating liability cases differ
amongst Member States, the data subject can receive such compensation from a controller orprocessor that is held liable for the entire damage or, in Member States whose legal system allows
for joined proceedings, such compensation can be apportioned amongst more than one controller orprocessor.

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Application of the regulation - recital (134)With a view to ensuring sufficient legal certainty for controllers and processors whose current
processing of personal data are compliant with the Directive 95/46/EC, the Presidency suggests toclarify the field of application of the regulation in recital (134).
Conclusion
With a view to providing the Presidency with a mandate to engage in negotiations with therepresentatives of the European Parliament, the Council is invited to approve the text of the General
Data Protection Regulation as it appears in annex as a General Approach.

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ANNEX
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the protection of individuals with regard to the processing of personal data and on thefree movement of such data (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(2) (…) 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,
After consulting the European Data Protection Supervisor,
Acting in accordance with the ordinary legislative procedure,

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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
and Article 16(1) of the Treaty lay down that everyone has the right to the protection of
personal data concerning him or her.
2) The (…) principles and rules on the protection of individuals with regard to the processing of
their personal data should, whatever the nationality or residence of natural persons, respect
their fundamental rights and freedoms, notably their right to the protection of personal data. It
should contribute to the accomplishment of an area of freedom, security and justice and of an
economic union, to economic and social progress, the strengthening and the convergence ofthe economies within the internal market, and the well-being of individuals.
3) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on theprotection of individuals with regard to the processing of personal data and on the freemovement of such data seeks to harmonise the protection of fundamental rights and freedomsof natural persons in respect of processing activities and to guarantee the free flow of personal
data between Member States.
3a)

The right to the protection of personal data is not an absolute right; it must be considered inrelation to its function in society and be balanced with other fundamental rights, in accordancewith the principle of proportionality. This Regulation respects all fundamental rights andobserves the principles recognised in the Charter of Fundamental Rights of the European
Union as enshrined in the Treaties, notably the right to respect for private and family life,
home and communications, the right to the protection of personal data, the freedom ofthought, conscience and religion, the freedom of expression and information, the freedom to
conduct a business, the right to an effective remedy and to a fair trial as well as cultural,religious and linguistic diversity.

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4) The economic and social integration resulting from the functioning of the internal market has
led to a substantial increase in cross-border flows. The exchange of data between (…) public
and private actors, including individuals and undertakings across the Union has increased.
National authorities in the Member States are being called upon by Union law to co-operate
and exchange personal data so as to be able to perform their duties or carry out tasks on behalfof an authority in another Member State.
5) Rapid technological developments and globalisation have brought new challenges for theprotection of personal data. The scale of data sharing and collecting has increased
spectacularly. Technology allows both private companies and public authorities to make useof personal data on an unprecedented scale in order to pursue their activities. Individuals
increasingly make personal information available publicly and globally. Technology has
transformed both the economy and social life, and should further facilitate the free flow ofdata within the Union and the transfer to third countries and international organisations, while
ensuring a high level of the protection of personal data.
6) These 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. Individuals should havecontrol of their own personal data and legal and practical certainty for individuals, economic
operators and public authorities should be reinforced.
6a) Where this Regulation provides for specifications or restrictions of its rules by Member State
law, Member States may, as far as necessary for the coherence and for making the national
provisions comprehensible to the persons to whom they apply, incorporate elements of theRegulation in their respective national law.

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7) The objectives and principles of Directive 95/46/EC remain sound, but it has not prevented
fragmentation in the way data protection is implemented across the Union, legal uncertainty
and a widespread public perception that there are significant risks for the protection ofindividuals associated notably with online activity. Differences in the level of protection of
the rights and freedoms of individuals, notably to the right to the protection of personal data,with regard to the processing of personal data afforded in the Member States may prevent thefree flow of personal data throughout the Union. These differences may therefore constitutean obstacle to the pursuit of economic activities at the level of the Union, distort competition
and impede authorities in the discharge of their responsibilities under Union law. Thisdifference in levels of protection is due to the existence of differences in the implementation
and application of Directive 95/46/EC.
8) In order to ensure a consistent and high level of protection of individuals and to remove the
obstacles to flows of personal data within the Union, the level of protection of the rights andfreedoms of individuals with regard to the processing of such data should be equivalent in all
Member States. Consistent and homogenous application of the rules for the protection of thefundamental rights and freedoms of natural persons with regard to the processing of personal
data should be ensured throughout the Union. Regarding the processing of personal data forcompliance 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 shouldbe allowed to maintain or introduce national provisions to further specify the application of
the rules of this Regulation. In conjunction with the general and horizontal law on dataprotection implementing Directive 95/46/EC Member States have several sector specific laws
in areas that need more specific provisions. This Regulation also provides a margin of
manoeuvre for Member States to specify its rules. Within this margin of manoeuvre sectorspecific laws that Member States have issued implementing Directive 95/46/EC should be
able to be upheld.

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9) Effective protection of personal data throughout the Union requires strengthening anddetailing the rights of data subjects and the obligations of those who process and determine
the processing of personal data, but also equivalent powers for monitoring and ensuring
compliance with the rules for the protection of personal data and equivalent sanctions foroffenders in the Member States.
10) Article 16(2) of the Treaty mandates the European Parliament and the Council to lay down therules relating to the protection of individuals with regard to the processing of personal data
and the rules relating to the free movement of personal data.
11) In order to ensure a consistent level of protection for individuals throughout the Union and toprevent divergences hampering the free movement of data within the internal market, aRegulation is necessary to provide legal certainty and transparency for economic operators,
including micro, small and medium-sized enterprises, and to provide individuals in all
Member States with the same level of legally enforceable rights and obligations andresponsibilities for controllers and processors (…), to ensure consistent monitoring of theprocessing of personal data, and equivalent sanctions in all Member States as well as effective
co-operation by the supervisory authorities of different Member States. The proper
functioning of the internal market requires that the free movement of personal data within theUnion should not be restricted or prohibited for reasons connected with the protection ofindividuals with regard to the processing of personal data. (…)
To take account of the specific situation of micro, small and medium-sized enterprises, thisRegulation includes a number of derogations. In addition, the Union institutions and bodies,
Member States and their supervisory authorities are encouraged to take account of the specificneeds of micro, small and medium-sized enterprises in the application of this Regulation. The
notion of micro, small and medium-sized enterprises should draw upon Commission
Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small andmedium-sized enterprises.

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12) The protection afforded by this Regulation concerns natural persons, whatever theirnationality or place of residence, in relation to the processing of personal data. With regard to
the processing of data which concern legal persons and in particular undertakings established
as legal persons, including the name and the form of the legal person and the contact details of
the legal person, the protection of this Regulation should not be claimed by any such person.
(…).
13) The protection of individuals should be technologically neutral and not depend on thetechniques used; otherwise this would create a serious risk of circumvention. The protectionof individuals should apply to processing of personal data by automated means as well as tomanual processing, if the 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 the scope of this Regulation.
14) This Regulation does not address issues of protection of fundamental rights and freedoms or
the free flow of data related to activities which fall outside the scope of Union law, such asactivities concerning national security, (…) nor does it cover the processing of personal databy the Member States when carrying out activities in relation to the common foreign andsecurity policy of the Union.
14a) Regulation (EC) No 45/2001 applies to the processing of personal data by the Union
institutions, bodies, offices and agencies. Regulation (EC) No 45/2001 and other Union legal
instruments applicable to such processing of personal data should be adapted to the principles
and rules of this Regulation.
15) This Regulation should not apply to processing of personal data by a natural person in thecourse of a personal or household activity, and thus without a connection with a professionalor commercial activity. Personal and household activities include social networking and online activity undertaken within the context of such personal and household activities.
However, this Regulation should (…) apply to controllers or processors which provide themeans for processing personal data for such personal or domestic activities.

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16) The protection of individuals with regard to the processing of personal data by competentauthorities for the purposes of prevention, investigation, detection or prosecution of criminal
offences, the execution of criminal penalties or the safeguarding against and the prevention of
threats to public security, and the free movement of such data, is subject of a specific legal
instrument at Union level.
Therefore, this Regulation should not apply to the processing activities for those purposes.
However, data processed by public authorities under this Regulation when used for the
purposes of prevention, investigation, detection or prosecution of criminal offences or the
execution of criminal penalties should be governed by the more specific legal instrument at
Union level (Directive XX/YYY). Member States may entrust competent authorities within
the meaning of Directive XX/YYY with other tasks which are not necessarily carried out forthe purposes of the prevention, investigation, detection or prosecution of criminal offences or
the safeguarding 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 the this Regulation.
With regard to the processing of personal data by those competent authorities for purposes
falling within scope of the General Data Protection Regulation, Member States may maintainor introduce more specific provisions to adapt the application of the rules of the General Data
Protection Regulation. Such provisions may determine more precisely specific requirementsfor processing of personal data by those competent authorities for those other purposes, taking
into account the constitutional, organisational and administrative structure of the respective
Member State.
When 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 and prosecution of criminal offences. This is relevant for instance in the frameworkof anti-money laundering or the activities of forensic laboratories.

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16a) While this Regulation applies also to the activities of courts and other judicial authorities,
Union or Member State law could specify the processing operations and processing
procedures in relation to the processing of personal data by courts and other judicial
authorities. The competence of the supervisory authorities should not cover the processing of
personal data when courts are acting in their judicial capacity, in order to safeguard the
independence of the judiciary in the performance of its judicial tasks, including its decisionmaking. Supervision of such data processing operations may be entrusted to specific bodies
within the judicial system of the Member State, which should in particular control compliancewith the rules of this Regulation, promote the awareness of the judiciary of their obligations
under this Regulation and deal with complaints in relation to such processing.
17)

Directive 2000/31/EC does not apply to questions relating to information society services
covered by this Regulation. That Directive seeks to contribute to the proper functioning of theinternal market by ensuring the free movement of information society services between
Member States. Its application should not be affected by this Regulation. This Regulation
should therefore be without prejudice to the application of Directive 2000/31/EC, in particularof the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.

18)

(…)

19)

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 or not.
Establishment implies the effective and real exercise of activity through stable arrangements.
The legal form of such arrangements, whether through a branch or a subsidiary with a legal
personality, is not the determining factor in this respect.

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20)

In order to ensure that individuals are not deprived of the protection to which they are entitledunder this Regulation, the processing of personal data of data subjects residing in the Union
by a controller not established in the Union should be subject to this Regulation where theprocessing activities are related to the offering of goods or services to such data subjects
irrespective of whether connected to a payment or not, which takes place in the Union. In
order to determine whether such a controller is offering goods or services to such data
subjects in the Union, it should be ascertained whether it is apparent that the controller isenvisaging doing business with data subjects residing in one or more Member States in theUnion. Whereas the mere accessibility of the controller’s or an intermediary’s website in theUnion or of an email address and of other contact details or the use of a language generally
used in the third country where the controller is established, is insufficient to ascertain suchintention, 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 and services in that other language,
and/or the mentioning of customers or users residing in the Union, may make it apparent thatthe controller envisages offering goods or services to such data subjects in the Union.

21)

The processing of personal data of data subjects residing in the Union by a controller not
established in the Union should also be subject to this Regulation when it is related to themonitoring of their behaviour taking place within the European Union. In order to determine
whether a processing activity can be considered to ‘monitor the behaviour’ of data subjects, it
should be ascertained whether individuals are tracked on the internet with data processing
techniques which consist of profiling an individual, particularly in order to take decisions
concerning her or him or for analysing or predicting her or his personal preferences,behaviours and attitudes.

22)

Where the national law of a Member State applies by virtue of public international law, thisRegulation 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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23)

The principles of data protection should apply to any information concerning an identified or
identifiable natural person. Data including pseudonymised data, which could be attributed to anatural person by the use of additional information, should be considered as information on an
identifiable natural person. To determine whether a person is identifiable, account should betaken of all the means reasonably likely to be used either by the controller or by any otherperson to identify the individual directly or indirectly. To ascertain whether means arereasonably likely to be used to identify the individual, account should be taken of all objective
factors, such as the costs of and the amount of time required for identification, taking into
consideration both available technology at the time of the processing and technologicaldevelopment. The principles of data protection should therefore not apply to anonymous
information, that is information which does not relate to an identified or identifiable natural
person or to data rendered anonymous in such a way that the data subject is not or no longer
identifiable. This Regulation does therefore not concern the processing of such anonymous
information, including for statistical and research purposes. .

23aa) The principles of data protection should not apply to data of deceased persons. The nationallaw of a Member State may provide for rules regarding the processing of data of deceased
persons.
23a) The application of pseudonymisation to personal data can reduce the risks for the data
subjects concerned and help controllers and processors meet their data protection obligations.
The explicit introduction of ‘pseudonymisation’ through the articles of this Regulation is thus
not intended to preclude any other measures of data protection.
23b) (…)

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23c) In order to create incentives for applying pseudonymisation when processing personal data,measures of pseudonymisation whilst allowing general analysis should be possible within thesame controller when the controller has taken technical and organisational measures necessary
to ensure that the provisions of this Regulation are implemented, taking into account therespective data processing and ensuring that additional information for attributing the personal
data to a specific data subject is kept separately. The controller who processes the data shallalso refer to authorised persons within the same controller. In such case however thecontroller shall make sure that the individual(s) performing the pseudonymisation are notreferenced in the meta-data.
24)

When using online services, individuals may be associated with online identifiers provided bytheir devices, applications, tools and protocols, such as Internet Protocol addresses or cookie
identifiers. This may leave traces which, when combined with unique identifiers and otherinformation received by the servers, may be used to create profiles of the individuals andidentify them. Identification numbers, location data, online identifiers or other specific factors
as such should not (…) be considered as personal data if they do not identify an individual or
make an individual identifiable.

25)

Consent should be given unambiguously by any appropriate method enabling a freely-given,
specific and informed indication of the data subject's wishes, either by a written, including
electronic, oral statement or, if required by specific circumstances, by any other clear
affirmative action by the data subject signifying his or her agreement to personal data relating
to him or her being processed. This could include ticking a box when visiting an Internet
website or any other statement or conduct which clearly indicates in this context the data
subject's acceptance of the proposed processing of their personal data. Silence or inactivity
should therefore not constitute consent. Where it is technically feasible and effective, the data
subject's consent to processing may be given by using the appropriate settings of a browser orother application. In such cases it is sufficient that the data subject receives the informationneeded to give freely specific and informed consent when starting to use the service. (…).
Consent should cover all processing activities carried out for the same purpose or purposes.
When the processing has multiple purposes, unambiguous consent should be granted for all of
the processing purposes. If the data subject's consent is to be given following an electronic
request, the request must be clear, concise and not unnecessarily disruptive to the use of theservice for which it is provided.

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25a) Genetic data should be defined as personal data relating to the genetic characteristics of anindividual which have been inherited or acquired as they result from an analysis of abiological sample from the individual in question, in particular by chromosomal,
deoxyribonucleic acid (DNA) or ribonucleic acid (RNA) analysis or analysis of any otherelement enabling equivalent information to be obtained.
25aa) It is often not possible to fully identify the purpose of data processing for scientific purposesat the time of data collection. Therefore data subjects can give their consent to certain areas ofscientific research when in keeping with recognised ethical standards for scientific research.
Data subjects should have the opportunity to give their consent only to certain areas ofresearch or parts of research projects to the extent allowed by the intended purpose andprovided that this does not involve disproportionate efforts in view of the protective purpose.
26)

Personal data concerning health should include (…) data pertaining to the health status of adata subject which reveal information relating to the past, current or future physical or mental
health of the data subject; including information about the registration of the individual for theprovision of health services (…); a number, symbol or particular assigned to an individual touniquely identify the individual for health purposes; (…) information derived from the testingor examination of a body part or bodily substance, including genetic data and biologicalsamples; (…) or any information on for example a disease, disability, disease risk, medical
history, clinical treatment, or the actual physiological or biomedical state of the data subject
independent of its source, such as for example from a physician or other health professional, ahospital, a medical device, or an in vitro diagnostic test.

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27)

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 the processingof personal data are taken in another establishment of the controller in the Union. In this casethe latter should be considered as the main establishment. The main establishment of acontroller in the Union should be determined according to objective criteria and should imply
the effective and real exercise of management activities determining the main decisions as tothe purposes (…) and means of processing through stable arrangements. This criterion should
not depend on whether the processing of personal data is actually carried out at that location;
the presence and use of technical means and technologies for processing personal data orprocessing activities do not, in themselves, constitute such main establishment and are
therefore not determining criteria for a main establishment. The main establishment of theprocessor should be the place of its central administration in the Union and, if it has no central
administration in the Union, the place where the main processing activities take place in theUnion. In cases involving both the controller and the processor, the competent leadsupervisory authority should remain the supervisory authority of the Member State where thecontroller has its main establishment but the supervisory authority of the processor should beconsidered as a concerned supervisory authority and participate to the cooperation procedureprovided for by this Regulation. In any case, the supervisory authorities of the Member Stateor Member States where the processor has one or more establishments should not be
considered as concerned supervisory authorities when the draft decision concerns only thecontroller.
Where the processing is carried out by a group of undertakings, the main establishment of thecontrolling undertaking should be considered as the main establishment of the group ofundertakings, except where the purposes and means of processing are determined by another
undertaking.

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28)

A group of undertakings should cover a controlling undertaking and its controlled
undertakings, whereby the controlling undertaking should be the undertaking which can
exercise a dominant influence over the other undertakings by virtue, for example, ofownership, financial participation or the rules which govern it or the power to have personal
data protection rules implemented. A central undertaking which controls the processing of
personal data in undertakings affiliated to it forms together with these undertakings an entity
which may be treated as “group of undertakings”.

29)Children (…) deserve specific protection of their personal data, as they may be less aware ofrisks, consequences, safeguards and their rights in relation to the processing of personal data.
(…). This concerns especially the use of personal data of children for the purposes ofmarketing or creating personality or user profiles and the collection of child data when using
services offered directly to a child.

30)

Any processing of personal data should be lawful and fair. (…). It should be transparent for
the individuals that personal data concerning them are collected, used, consulted or otherwise
processed and to which extent the data are processed or will be processed. The principle oftransparency requires that any information and communication relating to the processing of
those data should be easily accessible and easy to understand, and that clear and plain
language is used. This concerns in particular the information of the data subjects on theidentity of the controller and the purposes of the processing and further information to ensure
fair and transparent processing in respect of the individuals concerned and their right to get
confirmation and communication of personal data being processed concerning them.
Individuals should be made aware on risks, rules, safeguards and rights in relation to theprocessing of personal data and how to exercise his or her rights in relation to the processing.
In particular, the specific purposes for which the data are processed should be explicit andlegitimate and determined at the time of the collection of the data. The data should be
adequate and relevant (…) for the purposes for which the data are processed; this requires inparticular ensuring that the data collected are not excessive and that the period for which thedata are stored is limited to a strict minimum. (…). Personal data should only be processed if
the purpose of the processing could not reasonably be fulfilled by other means. In order toensure that the data are not kept longer than necessary, time limits should be established by
the controller for erasure or for a periodic review.

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Every reasonable step should be taken to ensure that personal data which are inaccurate arerectified or deleted. Personal data should be processed in a manner that ensures appropriate
security and confidentiality of the personal data, including preventing unauthorised access toor the use of personal data and the equipment used for the processing.
31)

In order for processing to be lawful, personal data should be processed on the basis of theconsent of the person concerned or some other legitimate legal basis laid down by law, either
in this Regulation or in other Union or Member State law as referred to in this Regulation,
including the necessity for compliance with the legal obligation to which the controller issubject 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 contract31a) Wherever 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 the constitutional order of the Member State concerned, however such
legal basis or legislative measure should be clear and precise and its application foreseeable
for those subject to it as required by the case law of the Court of Justice of the European
Union and the European Court on Human Rights.
32)

Where processing is based on the data subject's consent, the controller should be able todemonstrate that the data subject has given the consent to the processing operation. In
particular in the context of a written declaration on another matter, safeguards should ensurethat the data subject is aware that, and the extent to which, consent is given. A declaration ofconsent pre-formulated by the controller should be provided in an intelligible and easily
accessible form, using clear and plain language and its content should not be unusual within
the overall context. For consent to be informed, the data subject should be aware at least of
the identity of the controller and the purposes of the processing for which the personal data
are intended; consent should not be regarded as freely-given if the data subject has no genuine
and free choice and is unable to refuse or withdraw consent without detriment.

33)

(…)

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34)

In order to safeguard that consent has been 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 and this imbalance makes it unlikelythat consent was given freely in all the circumstances of that specific situation. Consent ispresumed not to be freely given, if it does not allow separate consent to be given to different
data processing operations despite it is appropriate in the individual case, or if theperformance of a contract is made dependent on the consent despite this is not necessary forsuch performance and the data subject cannot reasonably obtain equivalent services fromanother source without consent.

35)

Processing should be lawful where it is necessary in the context of a contract or the intended
entering into a contract.

35a) This Regulation provides for general rules on data protection and that in specific cases
Member States are also empowered to lay down national rules on data protection. The
Regulation does therefore not exclude Member State law that defines the circumstances of
specific processing situations, including determining more precisely the conditions underwhich processing of personal data is lawful. National law may also provide for special
processing conditions for specific sectors and for the processing of special categories of data.
36)

Where processing is carried out in compliance with a legal 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, the processing should have a (…)
basis in Union law or in the national law of a Member State. (…). It should be also for Unionor national law to determine the purpose of the processing. Furthermore, this (…) basis could
specify the general conditions of the Regulation governing the lawfulness of data processing,determine specifications for determining the controller, the type of data which are subject tothe processing, the data subjects concerned, the entities to which the data may be disclosed,
the purpose limitations, the storage period and other measures to ensure lawful and fair
processing.

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It should also be for Union or national law to determine whether the controller performing atask carried out in the public interest or in the exercise of official authority should be a publicauthority or another natural or legal person governed by public law, or by private law such asa professional association, where grounds of public interest so justify including for healthpurposes, such as public health and social protection and the management of health careservices.
37)

The processing of personal data should equally be regarded as lawful where it is necessary toprotect an interest which is essential for the data subject's life or that of another person. (…).
Some types of data processing may serve both important grounds of public interest and thevital interests of the data subject as, for instance when processing is necessary forhumanitarian purposes, including for monitoring epidemic and its spread or in situations ofhumanitarian emergencies, in particular in situations of natural disasters.

38)

The legitimate interests of a controller including of a controller to which the data may bedisclosed or of a third party may provide a legal basis for processing, provided that theinterests or the fundamental rights and freedoms of the data subject are not overriding.
Legitimate interest could exist for example when there is a relevant and appropriate
connection between the data subject and the controller in situations such as the data subject
being a client or in the service of the controller. (…) At any rate the existence of a legitimate
interest would need careful assessment including whether a data subject can expect at the timeand in the context of the collection of the data that processing for this purpose may take place.
In particular such assessment must take into account whether the data subject is a child, giventhat children deserve specific protection. The data subject should have the right to object tothe processing, on grounds relating to their particular situation and free of charge. To ensuretransparency, the controller should be obliged to explicitly inform the data subject on thelegitimate interests pursued and on the right to object, and also be obliged to document theselegitimate interests. (…)

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38a) Controllers that are part of a group of undertakings or institution affiliated to a central bodymay have a legitimate interest to transmit personal data within the group of undertakings forinternal administrative purposes, including the processing of clients' or employees' personal
data. The general principles for the transfer of personal data, within a group of undertakings,
to an undertaking located in a third country (…) remain unaffected.
39)

The processing of data to the extent strictly necessary for the purposes of ensuring network
and information security, i.e. the ability of a network or an information system to resist, at agiven level of confidence, accidental events or unlawful or malicious actions that compromise
the availability, authenticity, integrity and confidentiality of stored or transmitted data, and the
security of the related services offered by, or accessible via, these networks and systems, by
public authorities, Computer Emergency Response Teams – CERTs, Computer Security
Incident Response Teams – CSIRTs, providers of electronic communications networks andservices and by providers of security technologies and services, constitutes a legitimate
interest of the data controller concerned. This could, for example, include preventing
unauthorised access to electronic communications networks and malicious code distribution
and stopping ‘denial of service’ attacks and damage to computer and electronic
communication systems. 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 alegitimate interest.

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40)

The processing of personal data for other purposes than the purposes for which the data havebeen initially collected should be only allowed where the processing is compatible with those
purposes for which the data have been initially collected. In such case no separate legal basis
is required other than the one which allowed the collection of the data. (…) If the 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, Union law or Member State law may determineand specify the tasks and purposes for which the further processing shall be regarded as
lawful. The further processing (…) for archiving purposes in the public interest or, statistical,
scientific or historical (…) purposes (…) or in view of future dispute resolution should beconsidered as compatible lawful processing operations. The legal basis provided by Union orMember State law for the collection and processing of personal data may also provide a legal
basis for further processing for other purposes if these purposes are in line with the assigned
task and the controller is entitled legally to collect the data for these other purposes.
In order to ascertain whether a purpose of further processing is compatible with the purpose
for which the data are initially collected, the controller, 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 inwhich the data have been collected, including the reasonable expectations of the data subject
as to their further use, the nature of the personal data, the consequences of the intended further
processing for data subjects, and the existence of appropriate safeguards in both the original
and intended processing operations. Where the intended other purpose is not compatible with
the initial one for which the data are collected, the controller should obtain the consent of thedata subject for this other purpose or should base the processing on another legitimate groundfor lawful processing, in particular where provided by Union law or the law of the Member
State to which the controller is subject. (…).

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In any case, the application of the principles set out by this Regulation and in particular 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 or threats topublic security by the controller and transmitting these data to a competent authority should
be regarded as being in the legitimate interest pursued by the controller. However suchtransmission in the legitimate interest of the controller or further processing of personal data
should be prohibited if the processing is not compatible with a legal, professional or otherbinding obligation of secrecy.
41)

Personal data which are, by their nature, particularly sensitive (…) in relation to fundamental
rights and freedoms, deserve specific protection as the context of their processing may create
important risks for the fundamental rights and freedoms. These data should also include
personal data revealing racial or ethnic origin, whereby the use of the term ‘racial origin’ inthis Regulation does not imply an acceptance by the European Union of theories whichattempt to determine the existence of separate human races. Such data should not beprocessed, unless processing is allowed in specific cases set out in this Regulation, taking into
account that that Member States law may lay down specific provisions on data protection inorder to adapt the application of the rules of this Regulation for compliance with a legal
obligation or for the performance of a task carried out in the public interest or in the exercise
of official authority vested in the controller. In addition to the specific requirements for suchprocessing, the general principles and other rules of this Regulation should apply, in particular
as regards the conditions for lawful processing. Derogations from the general prohibition forprocessing such special categories of personal data should be explicitly provided inter alia
where the data subject gives his or her explicit consent or in respect of specific needs, inparticular where 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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Special categories of personal data may also be processed where the data have manifestly
been made public or voluntarily and at the request of the data subject transferred to thecontroller for a specific purpose specified by the data subject, where the processing is done in
the interest of the data subject.
Member State and Union Law may provide that the general prohibition for processing suchspecial categories of personal data in certain cases may not be lifted by the data subject’s
explicit consent.
42)

Derogating from the prohibition on processing sensitive categories of data should also beallowed when provided for in Union or Member State law, and subject to suitable safeguards,
so as to protect personal data and other fundamental rights, where (…) grounds of public
interest so justify, in particular processing data in the field of employment law, social security
and 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 or ensuring high standards of quality and safety of health care and services and of
medicinal products or medical devices or assessing public policies adopted in the field ofhealth, also by producing quality and activity indicators.
This may be done for health purposes, including public health (…) and the management ofhealth-care services, especially in order to ensure the quality and cost-effectiveness of theprocedures used for settling claims for benefits and services in the health insurance system, orfor archiving in the public interest or historical, statistical and scientific (…) purposes.
A derogation should also allow processing of such data where necessary for theestablishment, exercise or defence of legal claims, regardless of whether in a judicial
procedure or whether in an administrative or any out-of-court procedure.

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42a) Special categories of personal data which deserve higher protection, may only be processed
for health-related purposes where necessary to achieve those purposes for the benefit ofindividuals and society as a whole, in particular in the context of the management of health orsocial care services and systems including the processing by the management and central
national health authorities of such data for the purpose of quality control, management
information and the general national and local supervision of the health or social care system,and ensuring continuity of health or social care and cross-border healthcare or healthsecurity, monitoring and alert purposes or for archiving purposes in the public interest, forhistorical, statistical or scientific purposes as well as for studies conducted in the public
interest in the area of public health. Therefore this Regulation should provide for harmonised
conditions for the processing of special categories of personal data concerning health, in
respect of specific needs, in particular where the processing of these data is carried out for
certain health-related purposes by persons subject to a legal obligation of professionalsecrecy (…). Union or Member State law should provide for specific and suitable measures so
as to protect the fundamental rights and the personal data of individuals. (…).
42b) 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. This
processing is subject to suitable and specific measures so as to protect the rights andfreedoms of individuals. In that context, ‘public health’ should be interpreted as defined inRegulation (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,
meaning 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 processing of
personal 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, insurance andbanking companies.

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43)

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

44)

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

45)

If the data processed by a controller do not permit the controller to identify a natural person(…) the data controller should not be obliged to acquire additional information in order to
identify the data subject for the sole purpose of complying with any provision of thisRegulation. (…). 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.

46)

The principle of transparency requires that any information addressed to the public or to thedata subject should be easily accessible and easy to understand, and that clear and plain
language and, additionally, where appropriate, visualisation is used. This information could be
provided also in electronic form, for example, when addressed to the public, through a
website. This is in particular relevant where in situations, such as online advertising, theproliferation of actors and the technological complexity of practice makes it difficult for thedata subject to know and understand if personal data relating to them are being collected, bywhom and for what purpose. Given that children deserve specific protection, any informationand communication, where processing is addressed (…) to a child, should be in such a clear
and plain language that the child can easily understand.

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47)

Modalities should be provided for facilitating the data subject’s exercise of their rights
provided by this Regulation, including mechanisms to request, (…) in particular access todata, rectification, erasure and to exercise the right to object. Thus the controller should also
provide means for requests to be made electronically, especially where personal data areprocessed by electronic means. The controller should be obliged to respond to requests of thedata subject without undue delay and at the latest within a fixed deadline of one month andgive reasons where the controller does not intend to comply with the data subject's request.
However, if requests are manifestly unfounded or excessive such as when the data subject
unreasonably and repetitiously requests information or where the data subject abuses its rightto receive information for example by providing false or misleading information when
making the request, the controller could refuse to act on the request.

48)

The principles of fair and transparent processing require that the data subject should be
informed (…) of the existence of the processing operation and its purposes (…). The
controller should provide the data subject with any further information necessary to guarantee
fair and transparent processing. Furthermore the data subject should be informed about theexistence of profiling, and the consequences of such profiling. Where the data are collectedfrom the data subject, the data subject should also be informed whether they are obliged toprovide the data and of the consequences, in cases they do not provide such data.

49)

The information in relation to the processing of personal data relating to the data subject
should be given to them at the time of collection, or, where the data are not collected from thedata subject, within a reasonable period, depending on the circumstances of the case. Where
data can be legitimately disclosed to another recipient, the data subject should be informed
when the data are first disclosed to the recipient. Where the controller intends to process thedata for a purpose other than the one for which the data were collected the controller should
provide the data subject prior to that further processing with information on that other purposeand other necessary information. Where the origin of the data could not be provided to thedata subject because various sources have been used, the information should be provided in a
general manner.

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50)

However, it is not necessary to impose this obligation where the data subject alreadypossesses this information, or where the recording or disclosure of the data is expressly laid
down by law, or where the provision of information to the data subject proves impossible orwould involve disproportionate efforts. The latter could be particularly the case where
processing is for archiving purposes in the public interest, for historical, statistical or scientific(…) purposes; in this regard, the number of data subjects, the age of the data, and any
appropriate safeguards adopted may be taken into consideration.

51)

A natural person should have the right of access to data which has been collected concerning
him or her, and to exercise this right easily and at reasonable intervals, in order to be aware ofand verify the lawfulness of the processing. This includes the right for individuals to haveaccess to their personal data concerning their health, for example the data in their medical
records containing such information as diagnosis, examination results, assessments bytreating physicians and any treatment or interventions provided. Every data subject should
therefore have the right to know and obtain communication in particular for what purposes thedata are processed, where possible for what period, which recipients receive the data, what is
the logic involved in any automatic data processing and what might be, at least when based on
profiling, the consequences of such processing. This right should not adversely affect therights and freedoms of others, including trade secrets or intellectual property and in particular
the copyright protecting the software. However, the result of these considerations should not
be that all information is refused to the data subject. Where the controller processes a large
quantity of information concerning the data subject, the controller may request that before theinformation is delivered the data subject specify to which information or to which processing
activities the request relates.

52)

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. (…)
Identification should include the digital identification of a data subject, for example throughauthentication mechanism such as the same credentials, used by the data subject to log-into
the on-line service offered by the data controller. A controller should not retain personal data
for the sole purpose of being able to react to potential requests.

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53)

A natural person should have the right to have personal data concerning them rectified and a'right to be forgotten' where the retention of such data is not in compliance with thisRegulation or with Union or Member State law to which the controller is subject. In
particular, data subjects should have the right that their personal data are erased and no longer
processed, where the data are no longer necessary in relation to the purposes for which thedata are collected or otherwise processed, where data subjects have withdrawn their consent
for processing or where they object to the processing of personal data concerning them orwhere the processing of their personal data otherwise does not comply with this Regulation.
This right is in particular relevant, when the data subject has given their consent as a child,when not being 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 thisright notwithstanding the fact that he or she is no longer a child. However, the further
retention of the data should be lawful where it is necessary for exercising the right of freedomof expression and information, for compliance with a legal obligation, for the performance ofa task carried out in the public interest or in the exercise of official authority vested in thecontroller, for reasons of public interest in the area of public health, for archiving purposes in
the public interest, for historical, statistical and scientific (…) purposes or for theestablishment, exercise or defence of legal claims.

54)

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 who are processing such data (…) to erase any links to, or
copies or replications of that personal data.
To ensure the above mentioned information, the controller should take (…) reasonable steps,
taking into account available technology and the means available to the controller, including
technical measures, in relation to data for the publication of which the controller is
responsible. (…).

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54a) Methods to restrict processing of personal data could include, inter alia, temporarily moving
the selected data to another processing system or making the selected data unavailable tousers or temporarily removing published data from a website. In automated filing systems the
restriction of processing of personal data should in principle be ensured by technical means;the fact that the processing of personal data is restricted should be indicated in the system insuch a way that it is clear that the processing of the personal data is restricted.
55)

To further strengthen the control over their own data (…), where the processing of personal
data is carried out by automated means, the data subject should also be allowed to receive thepersonal data concerning him or her, which he or she has provided to a controller, in a
structured and commonly used and machine-readable format and transmit it to anothercontroller.

This right should apply where the data subject provided the personal data based on his or her
consent or in the performance of a contract. It should not apply where processing is based onanother legal ground other than consent or contract. By its very nature this right should not be
exercised against controllers processing data in the exercise of their public duties. It should
therefore in particular not apply where processing of the personal data is necessary forcompliance with a legal obligation to which the controller is subject or for the performance ofa 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 personal data does not create an obligation for thecontrollers to adopt or maintain data processing systems which are technically compatible.
Where, in a certain set of personal data, more than one data subject is concerned, the right totransmit the data should be without prejudice to the requirements on the lawfulness of theprocessing of personal data related to another data subject in accordance with this Regulation.
This right should also not prejudice the right of the data subject to obtain the erasure of
personal data and the limitations of that right as set out in this Regulation and should inparticular not imply the erasure of personal data concerning the data subject which have been
provided by him or her for the performance of a contract, to the extent and as long as the data
are necessary for the performance of that contract. (…)

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56)

In cases where personal data might lawfully be processed (…) because processing isnecessary 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 acontroller or a third party, any data subject should nevertheless be entitled to object to theprocessing of any data relating to their particular situation. It should be for the controller todemonstrate that their compelling legitimate interests may override the interests or thefundamental rights and freedoms of the data subject.

57)

Where personal data are processed for the purposes of direct marketing, the data subject
should have the right to object to such processing, whether initial or further processing, free ofcharge and in a manner that can be easily and effectively invoked.

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58)

The data subject should have the right not to be subject to a decision evaluating personal
aspects relating to him or her (…) which is based solely on automated processing, which
produces legal effects concerning him or her or significantly affects him or her, like automaticrefusal of an on-line credit application or e-recruiting practices without any humanintervention. Such processing includes also 'profiling' consisting in any form of automatedprocessing of personal data evaluating personal aspects relating to a natural person, inparticular to analyse or predict aspects concerning performance at work, economic situation,
health, personal preferences or interests, reliability or behaviour, location or movements aslong as it produces legal effects concerning him or her or significantly affects him or her.
However, decision making based on such processing, including profiling, should be allowed
when authorised by Union or Member State law to which the controller is subject, including
for fraud and tax evasion monitoring and prevention purposes and to ensure the security andreliability of a service provided by the controller, or necessary for the entering or performanceof 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,
including specific information of the data subject and the right to obtain human intervention,
to express his or her point of view, to get an explanation of the decision reached after suchassessment and the right to contest the decision. In order to ensure fair and transparent
processing in respect of the data subject, having regard to the specific circumstances andcontext in which the personal data are processed, the controller should use adequate
mathematical or statistical procedures for the profiling, implement technical andorganisational measures appropriate to ensure in particular that factors which result in datainaccuracies are corrected and the risk of errors is minimized, secure personal data in a way
which takes account of the potential risks involved for the interests and rights of the data
subject and which prevents inter alia discriminatory effects against individuals on the basis ofrace or ethnic origin, political opinions, religion or beliefs, trade union membership, genetic
or health status, sexual orientation or that result in measures having such effect. Automateddecision making and profiling based on special categories of personal data should only beallowed under specific conditions.

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58a) Profiling as such is subject to the (general) rules of this Regulation governing processing of
personal data (legal grounds of processing, data protection principles etc.) with specificsafeguards (for instance the obligation to conduct an impact assessment in some cases orprovisions concerning specific information to be provided to the concerned individual). The
European Data Protection Board should have the possibility to issue guidance in this context.
59)

Restrictions on specific principles and on the rights of information, access, rectification anderasure or on the right to data portability, the right to object, measures 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 asnecessary and proportionate in a democratic society to safeguard public security, including theprotection of human life especially in response to natural or man made disasters, theprevention, investigation and prosecution of criminal offences or of breaches of ethics forregulated professions, other public interests of the Union 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 general public 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 ofothers, including social protection, public health and humanitarian purposes, such as theperformance of a task incumbent upon the International Red Cross and Red Crescent
Movement (…). Those restrictions should be in compliance with requirements set out by theCharter of Fundamental Rights of the European Union and by the European Convention for
the Protection of Human Rights and Fundamental Freedoms.

59a) Nothing in this Regulation should derogate from (…) the privilege of non-disclosure ofconfidential information of the International Committee of the Red Cross under internationallaw, which shall be applicable in judicial and administrative proceedings. (…).

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60)

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 measures and be able todemonstrate the compliance of (…) processing activities with this Regulation (…). These
measures should take into account the nature, scope, context and purposes of the processing
and the risk for the rights and freedoms of individuals.

60a) Such risks, of varying likelihood and severity, may result from data processing which could
lead to physical, material or moral damage, in particular where the processing may give rise todiscrimination, identity theft or fraud, financial loss, damage to the reputation, loss ofconfidentiality of data protected by professional secrecy, unauthorized reversal ofpseudonymisation, or any other significant economic or social disadvantage; or where data
subjects might be deprived of their rights and freedoms or from exercising control over theirpersonal data; where personal data are processed which reveal racial or ethnic origin, politicalopinions, religion or philosophical beliefs, trade-union membership, and the processing ofgenetic data or data concerning health or sex life or criminal convictions and offences orrelated security measures; where personal aspects are evaluated, in particular analysing andprediction of 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 of vulnerable individuals, in particular of children,
are processed; where processing involves a large amount of personal data and affects a large
number of data subjects; (…).
60b) The likelihood and severity of the risk should be determined in function of the nature, scope,
context and purposes of the data processing. Risk should be evaluated on an objective
assessment, by which it is established whether data processing operations involve a high risk.
A high risk is a particular risk of prejudice to the rights and freedoms of individuals (…).

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60c) Guidance for the implementation of appropriate measures, and for demonstrating thecompliance by the controller or processor, especially as regards the identification of the risk
related to the processing, their assessment in terms of their origin, nature, likelihood andseverity, and the identification of best practices to mitigate the risk, could be provided inparticular by approved codes of conduct, approved certifications, guidelines of the European
Data Protection Board or through the indications provided by a data protection officer. The
European Data Protection Board may also issue guidelines on processing operations that areconsidered to be unlikely to result in a high risk for the rights and freedoms of individuals andindicate what measures may be sufficient in such cases to address such risk. (…)61) The protection of the rights and freedoms of individuals with regard to the processing of
personal data require that appropriate technical and organisational measures are 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 and implement
appropriate measures, which meet in particular the principles of data protection by design anddata 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 improve security
features. When developing, designing, selecting and using applications, services and productsthat are either based on the processing of personal data or process personal data to fulfil theirtask, producers of the products, services and applications should be encouraged to take into
account the right to data protection when developing and designing such products, services
and applications and, with due regard to the state of the art, to make sure that controllers andprocessors are able to fulfil their data protection obligations.
62)

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 attribution 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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63) Where a controller not established in the Union is processing personal data of data subjects
residing in the Union whose processing activities are related to the offering of goods orservices to such data subjects, or to the monitoring of their behaviour in the Union, (…) thecontroller should designate a representative, unless (…) the processing it carries out isoccasional and unlikely to result in a risk for the rights and freedoms of data subjects, taking
into account the nature, scope, context and purposes of the processing or the controller is a
public authority or body (…). The representative should act on behalf of the controller andmay be addressed by any supervisory authority. The representative should be explicitly
designated by a written mandate of the controller to act on its behalf with regard to the latter's
obligations under this Regulation. The designation of such representative does not affect the
responsibility and liability of the controller under this Regulation. Such representative should
perform its tasks according to the received mandate from the controller, including tocooperate with the competent supervisory authorities on any action taken in ensuring
compliance with this Regulation. The designated representative should be subjected to
enforcement actions in case of non-compliance by the controller.

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63a) 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 withprocessing activities, the controller should use only processors providing sufficientguarantees, in particular in terms of expert knowledge, reliability and resources, to implement
technical and organisational measures which will meet the requirements of this Regulation,
including for the security of processing. (…) Adherence of the processor to an approved codeof conduct or an approved certification mechanism may be used as an element to demonstratecompliance with the obligations of the controller. The carrying out of processing by aprocessor 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 theprocessing, the nature and purposes of the processing, the type of personal data and categoriesof data subjects, taking into account the specific tasks and responsibilities of the processor in
the context of the processing to be carried out and the risk for the rights and freedoms of thedata 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 inaccordance with the consistency mechanism and then adopted by the Commission, or which
are part of a certification granted in the certification mechanism. After the completion of theprocessing on behalf of the controller, the processor should return or delete the personal data,
unless there is a requirement to store the data under Union or Member State law to which theprocessor is subject.

64)

(…)

65)

In order to demonstrate compliance with this Regulation, the controller or processor should
maintain records regarding all categories of processing activities under its responsibility. Eachcontroller and processor should be obliged to co-operate with the supervisory authority andmake these records, on request, available to it, so that it might serve for monitoring those
processing operations.

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66)

In order to maintain security and to prevent processing in breach of this Regulation, thecontroller or processor should evaluate the (…) risks inherent to the processing andimplement measures to mitigate those risk. These measures should ensure an appropriate levelof security, including confidentiality, taking into account available technology and the costsof (…) implementation in relation to the risk and the nature of the personal data to beprotected. (…). In assessing data security risk, consideration should be given to the risks thatare presented by data processing, such as accidental or unlawful destruction, loss, alteration,
unauthorised disclosure of, or access to personal data transmitted, stored or otherwise
processed, which may in particular lead to physical, material or moral damage.

66a) In order to enhance compliance with this Regulation in cases where the processing operations
are likely to result in a high risk for the rights and freedoms of individuals, the controller
should be responsible for the carrying out of a data protection impact assessment to evaluate,
in particular, the origin, nature, particularity and severity of this 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 is in compliance 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 ofavailable technology and costs of implementation, a consultation of the supervisory authority
should take place prior to the processing.

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67)

A personal data breach may, if not addressed in an adequate and timely manner, result in (…)
physical, material or moral damage to individuals such as loss of control over their personal
data or limitation of (…) their rights, discrimination, identity theft or fraud, financial loss,
unauthorized reversal of pseudonymisation, damage to the reputation, loss of confidentialityof data protected by professional secrecy or any other economic or social disadvantage to theindividual concerned. (…). Therefore, as soon as the controller becomes aware that (…) apersonal data breach which may result in (…) physical, material or moral damage has
occurred the controller should notify the breach to the supervisory authority without undue
delay and, where feasible, within 72 hours. Where this cannot be achieved within 72 hours, anexplanation of the reasons for the delay should accompany the notification. The individuals
whose rights and freedoms could be severely affected by the breach should be notified
without undue delay in order to allow them to take the necessary precautions. (…). The
notification should describe the nature of the personal data breach as well asrecommendations for the individual concerned to mitigate potential adverse effects.
Notifications to data subjects should be made as soon as reasonably feasible, and in close
cooperation with the supervisory authority and respecting guidance provided by it or otherrelevant authorities (e.g. law enforcement authorities). For example (…) the need to mitigate
an immediate risk of damage would call for a prompt notification of data subjects whereas theneed to implement appropriate measures against continuing or similar data breaches may
justify a longer delay.

68)(…) It must be ascertained whether all appropriate technological protection and organisational
measures have been implemented to establish immediately whether a personal data breach hastaken 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 an intervention of thesupervisory authority in accordance with its tasks and powers laid down in this Regulation.

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68a) The communication of a personal data breach to the data subject should not be required if thecontroller has implemented appropriate technological protection measures, and that thosemeasures were applied to the data affected by the personal data breach. Such technologicalprotection measures should include those that render the data unintelligible to any person who
is not authorised to access it, in particular by encrypting the personal data (…).
69)

In setting detailed rules concerning the format and procedures applicable to the notification of
personal data breaches, due consideration should be given to the circumstances of the breach,
including whether or not personal data had been protected by appropriate technical protection
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 in cases where early disclosure could unnecessarily hamper theinvestigation of the circumstances of a breach.

70)

Directive 95/46/EC provided for a general obligation to notify processing of personal data to
the supervisory authorities. While this obligation produces administrative and financial
burdens, it did not in all cases contribute to improving the protection of personal data.
Therefore such indiscriminate general notification obligations should be abolished, andreplaced by effective procedures and mechanisms which focus instead on those types ofprocessing operations which are likely to result in a high risk to the rights and freedoms ofindividuals 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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70a) 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 high risk,taking into account the nature, scope, context and purposes of the processing and the sourcesof the risk, which should include in particular the envisaged measures, safeguards andmechanisms for mitigating that risk and for ensuring the protection of personal data and fordemonstrating the compliance with this Regulation.
71)

This should in particular apply to (…) large-scale processing operations, which aim at
processing a considerable 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 highrisk, for example, on account of their sensitivity, where in accordance with the achieved stateof technological knowledge a new technology is used on a large scale as well as to otherprocessing operations which result in a high (…) risk for 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 in cases wheredata are processed for taking decisions regarding specific individuals 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 or for any other operations
where the competent supervisory authority considers that the processing is likely to result in ahigh risk for the rights and freedoms of data subjects, in particular because they prevent data
subjects from exercising a right or using a service or a contract, or because they are carriedout systematically on a large scale. The processing of (…) personal data irrespective of thevolume or the nature of the data, should not be considered as being on a large scale, if theprocessing of these data is protected by professional secrecy (…), such as the processing of
personal data from patients or clients by an individual doctor, health care professional,
hospital or attorney. In these cases a data protection impact assessment should not be
mandatory.

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72)

There are circumstances under which it may be sensible and economic that the subject of adata protection impact assessment should 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.

73)

Data protection impact assessments may be carried out by a public authority or public body ifsuch an assessment has not already been made in the context of the adoption of the nationallaw on which the performance of the tasks of the public authority or public body is based andwhich regulates the specific processing operation or set of operations in question.

74)

Where a data protection impact assessment indicates that the processing would, despite theenvisaged safeguards, security measures and mechanisms to mitigate the risk, result in a highrisk to the rights and freedoms of individuals (…), and the controller is of the opinion that therisk cannot be mitigated by reasonable means in terms of available technologies and costs ofimplementation, the supervisory authority should be consulted, prior to the start of theprocessing activities. Such high (…) risk is likely to result from certain types of dataprocessing and certain extent and frequency of processing, which may result also in arealisation of (…) damage or (…) interference with the rights and freedoms of the data
subject. The supervisory authority should respond to the request for consultation in a defined
period. However, the absence of a reaction of the supervisory authority within this 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 this consultation process, the outcome of a data protection
impact assessment carried out with regard to the processing at issue pursuant to Article 33
may be submitted to the supervisory authority, in particular the measures envisaged tomitigate the risk for the rights and freedoms of individuals.

74a) 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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74b) A consultation with 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 the compliance of the intended processing with thisRegulation and in particular to mitigate the risk involved for the data subject.
75)

Where the processing is carried out in the public sector or where, in the private sector,
processing is carried out by a large enterprise, or where its core activities, regardless of thesize of the enterprise, involve processing operations which require regular and systematic
monitoring, a person with expert knowledge of data protection law and practices may assist
the controller or processor to monitor internal compliance with this Regulation. Such dataprotection officers, whether or not an employee of the controller, should be in a position to
perform their duties and tasks in an independent manner.

76)

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 of micro,
small and medium enterprises. In particular such codes of conduct could calibrate theobligations of controllers and processors, taking into account the risk likely to result from theprocessing for the rights and freedoms of individuals.

76a) 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 with relevant stakeholders, including data subjects where feasible, and have regard tosubmissions received and views expressed in response to such consultations.
77)

In order to enhance transparency and compliance with this Regulation, the establishment ofcertification mechanisms, 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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78)

Cross-border 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 these flows has raised new challenges and concerns with respect tothe protection of personal data. However, when personal data are transferred from the Union
to controllers, processors or other recipients in third countries or to internationalorganisations, the level of protection of individuals guaranteed in the Union by thisRegulation should not be undermined, including in cases of onward transfers of personal datafrom the third country or international organisation to controllers, processors in the same oranother third country or international organisation. In any event, transfers to third countries
and international organisations may only be carried out in full compliance with thisRegulation. A transfer may only take place if, subject to the other provisions of thisRegulation, the conditions laid down in Chapter V are complied with by the controller orprocessor.

79)

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 EU law and include
safeguards to protect the rights of the data subjects.

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80)

The Commission may (…) decide with effect for the entire Union that certain third countries,
or a territory or a specified sector, such as the private sector or one or more specific economic
sectors within a third country, or an international organisation, offer an adequate level of dataprotection, thus providing legal certainty and uniformity throughout the Union as regards thethird countries or international organisations, which are considered to provide such level ofprotection. In these cases, transfers of personal data to these countries may take place without
needing to obtain any specific authorisation.

81)

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 a third country or ofa territory or of a specified sector within a third country, take into account how a given 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 and criminal law. The adoptionof an adequacy decision 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 in force in the third country. The third country
should offer guarantees that ensure an adequate level of protection in particular when data areprocessed in one or several specific sectors. In particular, the third country should ensure
effective data protection supervision and should provide for cooperation mechanisms with theEuropean 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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81a) Apart from the international commitments the third country or international organisation hasentered into, the Commission should also 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 of suchobligations. 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 with the European Data Protection Board when assessing the level ofprotection in third countries or international organisations.
81b) The Commission should monitor the functioning of decisions on the level of protection in athird country or a territory or specified sector within a third country, or an internationalorganisation, including decisions adopted on the basis of Article 25(6) or Article 26 (4) of
Directive 95/46/EC. The Commission should evaluate, within a reasonable time, thefunctioning of the latter decisions and report any pertinent findings to the Committee within
the meaning of Regulation (EU) No 182/2011 as established under this Regulation.
82)

The Commission may (…) recognise that a third country, or a territory or a specified sector
within a third country, or an international organisation (…) no longer ensures an adequatelevel of data protection. Consequently the transfer of personal data to that third country orinternational organisation should be prohibited, unless the requirements of Articles 42 to 44
are fulfilled. In that case, provision should be made for consultations between theCommission and such third countries or international organisations. The Commission should,
in a timely manner, inform the third country or international organisation of the reasons andenter into consultations with it in order to remedy the situation.

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83)

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 of binding
corporate rules, standard data protection clauses adopted by the Commission, standard dataprotection clauses adopted by a supervisory authority or ad hoc contractual clauses authorisedby a supervisory authority, or other suitable and proportionate measures justified in the lightof all the circumstances surrounding a data transfer operation or set of data transfer operations
and where authorised by a supervisory authority. Those safeguards should ensure compliancewith data protection requirements and the rights of the data subjects, including the right toobtain effective administrative or judicial redress. They should relate in particular tocompliance with the general principles relating to personal data processing, the availability ofenforceable data subject's rights and of effective legal remedies and the principles of dataprotection by design and by default. Transfers may be carried out also by public authorities orbodies with public authorities or bodies in third countries or with international organisations
with corresponding duties or functions, including on the basis of provisions to be inserted into
administrative arrangements, such as a memorandum of understanding. The authorisation of
the competent supervisory authority should be obtained when the safeguards are adduced in
non legally binding administrative arrangements.

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84)

The possibility for the controller or processor to use standard data protection clauses adopted
by the Commission or by a supervisory authority should neither prevent the possibility forcontrollers or processors to include the standard data protection clauses in a wider contract,
including in a contract between the processor and another processor, nor to add other clauses
or additional safeguards as long as they do not contradict, directly or indirectly, the standard
contractual clauses adopted by the Commission or by a supervisory authority or prejudice thefundamental rights or freedoms of the data subjects.

85)

A corporate group or a group of enterprises engaged in a joint economic activity should be
able to make use of approved binding corporate rules for its international transfers from theUnion to organisations within the same corporate group of undertakings or group ofenterprises, as long as such corporate rules include essential principles and enforceable rights
to ensure appropriate safeguards for transfers or categories of transfers of personal data.

86)

Provisions should be made for the possibility for transfers in certain circumstances where thedata subject has given his explicit consent, where the transfer is occasional in relation to acontract 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 for transfers where important grounds ofpublic interest laid down by Union or Member State law so require or where the transfer ismade from a register established by law and intended for consultation by the public or persons
having a legitimate interest. In this latter case such a transfer should not involve the entirety ofthe data or entire categories of the data contained in the register and, when the register isintended for consultation by persons having a legitimate interest, the transfer should be madeonly at the request of those persons or if they are to be the recipients.

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87)

These rules should in particular apply to data transfers required and necessary for importantreasons of public interest, for example in cases of international data exchange (….) between
competition authorities, between tax or customs administrations, between financial
supervisory authorities, between services competent for social security matters or for publichealth, for example in case of contact tracing for contagious diseases or in order to reduce
and/or eliminate doping in sport (…). A transfer of personal data should equally be regarded
as lawful where it is necessary to protect an interest which is essential for the data subject’s oranother person’s vital interests, including physical integrity or life, if the data subject isincapable of giving consent. In the absence of an adequacy decision, Union law or Member
State law may, for important reasons of public interest, expressly set limits to the transfer of
specific categories of data to a third country or an international organization. Member Statesshould notify such provisions to the Commission. Any transfer to an international
humanitarian organisation, such as a National Society of the Red Cross (…) or to the ICRC of
personal data of a data subject who is physically or legally incapable of giving consent, withthe view to accomplishing a task incumbent upon the International Red Cross and Red
Crescent Movement under the Geneva Conventions and/or to work for the faithful
application of international humanitarian law applicable in armed conflicts could beconsidered as necessary for an important reason of public interest or being in the vital interestof the data subject.

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88)

Transfers which cannot be qualified as large scale or frequent, could also be possible for the
purposes of the legitimate interests pursued by the controller or the processor, when thoseinterests are not overridden by the interests or rights and freedoms of the data subject andwhen the controller or the processor has assessed all the circumstances surrounding the datatransfer. The controller or processor should give particular consideration to the nature of thedata, the purpose and duration of the proposed processing operation or operations, as well as
the situation in the country of origin, the third country and the country of final destination,
and adduced suitable safeguards to protect fundamental rights and freedoms of natural
persons with respect to processing of their personal data. For the purposes of processing forhistorical, statistical and scientific research purposes, the legitimate expectations of society for
an increase of knowledge should be taken into consideration. To assess whether a transfer islarge scale or frequent the amount of personal data and number of data subjects should betaken into account and whether the transfer takes place on an occasional or regular basis.

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89)

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 a guarantee that they will continue to benefit from the fundamental
rights and safeguards as regards processing of their data in the Union once this data has beentransferred.

90)

Some third countries enact laws, regulations and other legislative instruments which purport
to directly regulate data processing activities of natural and legal persons under thejurisdiction of the Member States. The extraterritorial application of these laws, regulations
and other legislative instruments may be in breach of international law and may impede theattainment of the protection of individuals guaranteed in the Union by this Regulation.
Transfers should only be allowed where the conditions of this Regulation for a transfer tothird 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 law or in a Member State law towhich the controller is subject. (…)91)

When personal data moves across borders outside the Union it may put at increased risk theability of individuals to exercise data protection rights in particular to protect themselves fromthe 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 theactivities 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
co-operation among data protection supervisory authorities to help them exchange
information and carry out investigations with their international counterparts. For the
purposes of developing international co-operation mechanisms to facilitate and provide
international mutual assistance for the enforcement of legislation for the protection of
personal data, the Commission and the supervisory authorities should exchange informationand cooperate in activities related to the exercise of their powers with competent authorities inthird countries, based on reciprocity and in compliance with the provisions of this Regulation,
including those laid down in Chapter V.

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92)

The establishment of supervisory authorities in Member States, empowered to perform theirtasks and exercise their powers with complete independence, is an essential component of theprotection of individuals with regard to the processing of their personal data. Member States
may establish more than one supervisory authority, to reflect their constitutional,organisational and administrative structure.

92a) The independence of supervisory authorities should not mean that the supervisory authorities
cannot be subjected to control or monitoring mechanism regarding their financial expenditure.
Neither does it imply that supervisory authorities cannot be subjected to judicial review.
93)

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

94)

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

95)

The general conditions for the member or members of the supervisory authority should be laid
down by law in each Member State and should in particular provide that those members
should be either appointed by the parliament and/or the government or the head of State of theMember State or by an independent body entrusted by Member State law with theappointment by means of a transparent procedure. In order to ensure the independence of thesupervisory authority, the member or members should refrain from any action incompatible
with their duties and should not, during their term of office, engage in any incompatible
occupation, whether gainful or not. (…).

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95a) Each supervisory authority should be competent on the territory of its own Member State toexercise 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 of anestablishment of the controller or processor on the territory of its own Member State, theprocessing 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 carried out by acontroller or processor not established in the European Union when targeting data subjects
residing in its territory. This should include dealing with complaints lodged by a data subject,conducting investigations on the application of the Regulation, promoting public awareness of
the risks, rules, safeguards and rights in relation to the processing of personal data.
96)

The supervisory authorities should monitor the application of the provisions pursuant to thisRegulation and contribute to its consistent application throughout the Union, in order toprotect natural persons in relation to the processing of their personal data and to facilitate thefree flow of personal data within the internal market. For that purpose, this Regulation should
oblige and empower the supervisory authorities to co-operate with each other and theCommission, without the need for any agreement between Member States on the provision ofmutual assistance or on such cooperation.

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97)

Where the processing of personal data takes place in the context of the activities of anestablishment of a controller or processor in the Union and the controller or processor isestablished in more than one Member State, or where processing taking place in the context of
the activities of a single establishment of a controller or processor in the Union substantiallyaffects or is likely to substantially affect data subjects in more than one Member State, thesupervisory authority for the main establishment of the controller or processor or for the
single establishment of the controller or processor should act as lead authority. It should
cooperate with the other authorities that are 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, thesupervisory authority to which such complaint has been lodged should also be a concerned
supervisory authority. Within its tasks to issue guidelines on any question covering theapplication of this Regulation, the European Data Protection Board may issue guidelines inparticular 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.

97a) The lead authority should be competent to adopt binding decisions regarding measuresapplying the powers conferred on it in accordance with the provisions of this Regulation. In
its capacity as lead authority, the supervisory authority should closely involve and coordinate
the concerned supervisory authorities in the decision-making process. In cases where thedecisions is to reject the complaint by the data subject in whole or in part that decision should
be adopted by the supervisory authority at which the complaint has been lodged.

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97b) The decision should be agreed jointly by the lead supervisory authority and the concerned
supervisory authorities and should be directed towards the main or single establishment of thecontroller or processor and be binding on the controller and processor. The controller orprocessor should take the necessary measures to ensure the compliance with this Regulationand the implementation of the decision notified by the lead supervisory authority to the mainestablishment of the controller or processor as regards the processing activities in the Union.
97c) Each supervisory authority (…) not acting as lead supervisory authority should be competentto deal with (…) local cases where the controller or processor is established in more than one
Member State, but the subject matter of the specific processing concerns only processing
carried out in a single Member State and involving only data subjects in that single Member
State, for example, where the subject matter concerns the processing of employees data in thespecific employment context of a Member State. In such cases, the supervisory authority
should inform the lead supervisory authority without delay on this matter. After being
informed, the lead supervisory authority should decide, whether it will deal with the casewithin the one-stop-shop mechanism or whether the supervisory authority which informed itshould deal with the case at local level. When deciding whether it will deal with the case, thelead supervisory authority should take into account, whether there is an establishment of thecontroller or processor in the Member State of the supervisory authority which informed it, inorder to ensure effective enforcement of a decision vis-à-vis the controller or processor.
Where the lead supervisory authority decides to deal with the case, the supervisory authority
which informed it should have the possibility to submit a draft for a decision, of which thelead supervisory authority should take utmost account when preparing its draft decision in the
one-stop-shop mechanism.
98)

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 acting in the
public interest. In such cases the only supervisory authority competent to exercise the powers
conferred to it in accordance with this Regulation should be the supervisory authority of theMember State where the public authority or private body is established.

99)

(…)

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100) 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, particularly in cases of complaints from individuals, andwithout prejudice to the powers of prosecutorial authorities under national law, to bring
infringements of this Regulation to the attention of the judicial authorities and/or engage inlegal proceedings. Such powers should also include the power to forbid the processing on
which the authority is consulted. Member States may specify other tasks related to theprotection of personal data under this Regulation. The powers of supervisory authorities (…)
should be exercised in conformity with appropriate procedural safeguards set out in Union
law and national law, impartially, fairly and within a reasonable time. In particular eachmeasure should be appropriate, necessary and proportionate in view of ensuring compliancewith this Regulation, taking into account the circumstances 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 inaccordance with specific requirements in national procedural law, such as the requirement toobtain a prior judicial authorisation.
Each legally binding measure of the supervisory authority should be in writing, be clear andunambiguous, indicate the supervisory authority which has issued the measure, the date ofissue of the measure, bear the signature of the head, or a member of the supervisory authority
authorised by him or her, give the reasons for the measure, and refer to the right of aneffective remedy. This should not preclude additional requirements pursuant to national
procedural law. The adoption of such legally binding decision implies that it may give rise to
judicial review in the Member State of the supervisory authority that adopted the decision.
101) (…).

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101a) Where the supervisory authority to which the complaint has been lodged is not the leadsupervisory authority, the lead supervisory authority should closely co-operate with thesupervisory authority to which the complaint has been lodged according to the provisions on
co-operation and consistency laid down in this Regulation. In such cases, the lead supervisory
authority should, when taking measures intended to produce legal effects, including theimposition of administrative fines, take utmost account of the view of the supervisory
authority to which the complaint has been lodged and which should remain competent tocarry out any investigation on the territory of its own Member State in liaison with thecompetent supervisory authority.
101b) The supervisory authority receiving a complaint or detecting or being informed otherwise of
situations that entail possible infringements of the Regulation should seek an amicablesettlement and, if this proves unsuccessful, exercise its full range of powers in cases whereanother supervisory authority should act as a lead supervisory authority for the processing
activities of the controller or processor but the concrete subject matter of a complaint or the
possible infringement concerns only processing activities of the controller or processor in the
one 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. This should include specific processing carried out in the territory of
the Member State of the supervisory authority or with regard to data subjects on the territoryof that Member State; or to processing that is carried out in the context of an offer of goods orservices specifically aimed at data subjects in the territory of the Member State of thesupervisory authority; or that has to be assessed taking into account relevant legal obligations
under national law.
102) Awareness raising activities by supervisory authorities addressed to the public should include
specific measures directed at controllers and processors, including micro, small and mediumsized enterprises, as well as individuals in particular in the educational context.

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103) 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. Where a supervisory authority requesting mutual assistance,in the case of no response of the requested supervisory authority within one month ofreceiving the request, adopts a provisional measure, such provisional measure should be duly
justified and only of a temporary nature.
104) Each supervisory authority should have the right to participate in joint operations between
supervisory authorities. The requested supervisory authority should be obliged to respond to
the request in a defined time period.
105) In order to ensure the consistent application of this Regulation throughout the Union, aconsistency mechanism for co-operation between the supervisory authorities (…) should beestablished. This 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 concerned supervisory authority or the Commission requests thatsuch matter should be dealt with in the consistency mechanism. This mechanism should be
without prejudice to any measures that the Commission may take in the exercise of its powers
under the Treaties.
106) In application of the consistency mechanism, the European Data Protection Board should,
within a determined period of time, issue an opinion, if a (…) majority of its members so
decides or if so requested by any concerned supervisory authority or the Commission. The
European Data Protection Board should also be empowered to adopt legally binding decisions
in case of disputes between supervisory authorities. For that purposes it should issue, in
principle with a two-third majority of its members, legally binding decisions in clearly
defined cases where there are conflicting views among supervisory authorities in particular in
the cooperation mechanism between the lead supervisory authority and concerned supervisory
authorities on the merits of the case, notably whether there is an infringement of thisRegulation or not.
107) (…)

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108) 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. Therefore, a supervisory authority should be able to adopt
provisional measures with a specified period of validity when applying the consistency
mechanism.

109) The application of this 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 concerned supervisory authorities should beapplied and mutual assistance and joint operations might be carried out between theconcerned supervisory authorities on a bilateral or multilateral basis without triggering theconsistency mechanism.
110) In order to promote the consistent application of this Regulation, the European Data
Protection Board should be set up as an independent body of the Union. To fulfil its
objectives, the European Data Protection Board should have legal personality. The European
Data Protection Board should be represented by its Chair. It should replace the Working Partyon the Protection of Individuals with Regard to the Processing of Personal Data established by
Directive 95/46/EC. It should consist of a head of a supervisory authority of each Member
State or his or her representative (…). The Commission and the European Data Protection
Supervisor should participate in its activities without voting rights. The European Data
Protection Board should contribute to the consistent application of this Regulation throughout
the Union, including by advising the Commission, in particular on the level of protection inthird countries or international organisations, and promoting co-operation of the supervisory
authorities throughout the Union. The European Data Protection Board should act
independently when exercising its tasks.

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110a) The European Data Protection Board should be assisted by a secretariat provided by thesecretariat of the European Data Protection Supervisor. The staff of the secretariat of theEuropean Data Protection Supervisor involved in carrying out the tasks conferred on theEuropean Data Protection Board by this Regulation should perform its tasks exclusively under
the instructions of, and report to the Chair of the European Data Protection Board.
Organisational separation of staff should concern all services needed for the independentfunctioning of the European Data Protection Board.
111) Every data subject should have the right to lodge a complaint with a supervisory authority, inparticular in the Member State of his or her habitual residence , and have the right to aneffective judicial remedy in accordance with Article 47 of the Charter of Fundamental Rights
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 complaint or 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 the extent that is appropriate in the specific case. The supervisory authority should
inform the data 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
the submission of complaints, each supervisory authority should take measures such asproviding a complaint submission form which can be completed also electronically, without
excluding other means of communication.
112) Where a data subject considers that his or her rights under this Regulation are infringed, he or
she should have the right to mandate a body, organisation or association which aims to protect
the rights and interests of data subjects in relation to the protection of their data and isconstituted according to the law of a Member State, to lodge a complaint on his or her behalf
with a supervisory authority or exercise the right to a judicial remedy on behalf of data
subjects. Member States may provide that such a body, organisation or association shouldhave the right to lodge, independently of a data subject's mandate, in such Member State acomplaint and/or have the right to an effective judicial remedy where it has reasons to
consider that (…) the rights of a data subject have been infringed as a result of the processingof personal data which is not in compliance with this Regulation. This body, organisation or
association may not be allowed to claim compensation on a data subject's behalf.

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113) Any natural or legal person has the right to bring an action for annulment of decisions of theEuropean Data Protection Board before the Court of Justice of the European Union (the"Court of Justice") under the conditions provided for in Article 263 TFEU. As addressees ofsuch decisions, the concerned supervisory authorities who wish to challenge them, have tobring action within two months of their notification to them, in accordance with Article 263
TFEU. Where decisions of the European Data Protection Board are of direct and individual
concern to a controller, processor or the complainant, the latter may bring an action forannulment against those decisions and they should do so within two months of their
publication on the website of the European Data Protection Board, in accordance with Article
263 TFEU. Without prejudice to this right under Article 263 TFEU, each natural or legal
person should have an effective judicial remedy before the competent national court against adecision of a supervisory authority which produces legal effects concerning this person. Sucha decision concerns in particular the exercise of investigative, corrective and authorisation
powers by the supervisory authority or the dismissal or rejection of complaints. However, thisright does not encompass other measures of supervisory authorities which are not legallybinding, such as opinions issued by or advice provided by the supervisory authority.
Proceedings against a supervisory authority should be brought before the courts of theMember State where the supervisory authority is established and should be conducted inaccordance with the national procedural law of that Member State. Those courts should
exercise full jurisdiction which should include jurisdiction to examine all questions of fact andlaw relevant to the dispute before it. Where a complaint has been rejected or dismissed by asupervisory authority, the complainant may bring proceedings to the courts in the same
Member State. In the context of judicial remedies relating to the application of thisRegulation, 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 give a preliminary ruling on the interpretation of Union law including
this Regulation.

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Furthermore, where a decision of a supervisory authority implementing a decision of theEuropean Data Protection Board is challenged before a national court and the validity of thedecision of the European Data Protection Board is at issue, that national court does not havethe power to declare the European Data Protection Board's decision invalid but must refer thequestion of validity to the Court of Justice in accordance with Article 267 TFEU asinterpreted by the Court of Justice in the Foto-frost case 1, whenever it considers the decision
invalid. However, a national court may not refer a question on the validity of the decision of
the European Data Protection Board at the request of a natural or legal person which had theopportunity to bring an action for annulment of that decision, in particular if it was directly
and individually concerned by that decision, but had not done so within the period laid down
by Article 263 TFEU.
113a) Where a court seized with a proceeding against a decision of a supervisory authority hasreason to believe that proceedings concerning the same processing such as the same subject
matter as regards processing of the same controller or processor activities or the same cause ofaction are brought before a competent court in another Member State, it should contact thatcourt 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 infavour of the court first seized if the latter has jurisdiction over the proceedings in question
and its law permits the consolidation of such related proceedings. Proceedings are deemed tobe related where they are so closely connected that it is expedient to hear and determine them
together to avoid the risk of irreconcilable judgments resulting from separate proceedings.
114) (…)
115) (…)

1Case C-314/85

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116) For proceedings against a controller or processor, the plaintiff should have the choice to bringthe action before the courts of the Member States where the controller or processor has anestablishment or where the data subject resides, unless the controller is a public authority
acting in the exercise of its public powers.
117) (…).
118) Any damage which a person may suffer as a result of a processing that is not in compliancewith this Regulation should be compensated by the controller or processor, who should be
exempted from liability if they prove that they are 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 of Justice of the European Union in a manner which fully reflects the objectives of thisRegulation. This is without prejudice to any claims for damage deriving from the violation ofother rules in Union or Member State law. (...)
When reference is made to a processing that is not in compliance with this Regulation it also
covers processing that is not in compliance with delegated and implementing acts adopted inaccordance with this Regulation and national law specifying rules of this Regulation.
Data subjects should receive full and effective compensation for the damage they havesuffered. Where controllers or processors are involved in the same processing each controller
or processor should be held liable for the entire damage. However, where they are joined tothe same judicial proceedings, in accordance with national law, compensation may beapportioned 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 who has (…) paid fullcompensation, may subsequently institute recourse proceedings against other controllers orprocessors involved in the same processing.
118a) Where specific rules on jurisdiction are contained in this Regulation, in particular as regards
proceedings seeking a judicial remedy including compensation, against a controller orprocessor, general jurisdiction rules such as those of Regulation (EU) No 1215/2012 should
not prejudice the application of such specific rules.

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118b) In order to strengthen the enforcement of the rules of this Regulation, penalties andadministrative fines may be imposed for any infringement of the 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 an disproportionate burden to a natural person, a reprimand may be issued insteadof a fines. 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, the mannerin which the infringement became known to the supervisory authority, compliance withmeasures ordered against the controller or processor, adherence to a code of conduct and anyother aggravating or mitigating factor The imposition of penalties and administrative fines
should be subject to adequate procedural safeguards in conformity with general principles ofUnion law and the Charter of Fundamental Rights, including effective judicial protection anddue process. Where the national law of a Member State does not provide for administrativefines, such Member State may abstain from providing administrative fines for infringementsof this Regulation that are already subject to criminal sanctions in their national law ensuringthat these criminal sanctions are effective, proportionate and dissuasive, taking into accountthe level of administrative fines provided for in this Regulation.
119) Member States may lay down the rules on criminal sanctions for infringements of thisRegulation, including for infringements of national rules adopted pursuant to and within thelimits of this Regulation. These criminal sanctions may also allow for the deprivation of the
profits obtained through infringements of this Regulation. However, the imposition of
criminal sanctions for infringements of such national rules and of administrative sanctions
should not lead to the breach of the principle of ne bis in idem, as interpreted by the Court ofJustice.

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120) In order to strengthen and harmonise administrative penalties against infringements of thisRegulation, each supervisory authority should have the power to impose administrative fines.
This Regulation should indicate offences, the upper limit and criteria for fixing the related
administrative fines, which should be determined by the competent supervisory authority ineach 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 breach and of its
consequences and the measures taken to ensure compliance with the obligations under the
Regulation and to prevent or mitigate the consequences of the infringement. Where the fines
are imposed on persons that are not a commercial undertaking, the supervisory authority
should take account of the general level of income in the Member State in considering theappropriate amount of fine. The consistency mechanism may also be used to promote a
consistent application of administrative fines. It should be for the Member 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 otherpowers of the supervisory authorities or of other sanctions under the Regulation.
120a) Where this Regulation does not harmonise administrative penalties or where necessary inother cases, for example in cases of serious infringements of the Regulation, Member Statesshould implement a system which provides for effective, proportionate and dissuasive
penalties. The nature of such penalties (criminal or administrative) should be determined bynational law.

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121) Member States law should reconcile the rules governing freedom of expression andinformation, including journalistic, academic, artistic and or literary expression with the rightto the protection of personal data pursuant to this Regulation. The processing of personal datafor journalistic purposes, or for the purposes of academic, artistic or literary expression should
be subject to derogations or exemptions from certain provisions of this Regulation if
necessary to reconcile the right to the protection of personal data, with the right to freedom of
expression and information, as guaranteed by Article 11 of the Charter of Fundamental Rightsof the European Union. This should apply in particular to processing of personal data in theaudiovisual field and in news archives and press libraries. Therefore, Member States should
adopt legislative measures, which should lay down exemptions and derogations which arenecessary for the purpose of balancing these fundamental rights. Such exemptions andderogations should be adopted by the Member States on general principles, on the rights ofthe data subject, on controller and processor, on the transfer of data to third countries orinternational organisations, on the independent supervisory authorities, on co-operation andconsistency. In case these exemptions or derogations differ from one Member State toanother, the national law of the Member State to which the controller is subject should apply.
In order to take account of the importance of the right to freedom of expression in every
democratic society, it is necessary to interpret notions relating to that freedom, such as
journalism, broadly. (…)

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121a) This Regulation allows the principle of public access to official documents to be taken into

account when applying the provisions set out in this Regulation. Public access to official
documents may be considered as a public interest. Personal data in documents held by apublic authority or a public body should be able to be publicly disclosed by this authority or
body if the disclosure is provided for by Union law 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 derogations from the rules of thisregulation. The reference to public authorities and bodies should in this context include all
authorities or other bodies covered by Member State law on public access to documents.
Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003
on the re-use of public sector information leaves intact and in no way affects the level ofprotection of individuals with regard to the processing of personal data under the provisionsof Union and national 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 access to whichis 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 containpersonal data the re-use of which has been defined by law as being incompatible with the law
concerning the protection of individuals with regard to the processing of personal data.
122) (…).
123) (…).

124) National law or collective agreements (including 'works agreements') may provide for specificrules on 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, planningand organisation of work, equality and diversity in the workplace , health and safety at work,and for the purposes of the exercise and enjoyment, on an individual or collective basis, ofrights and benefits related to employment, and for the purpose of the termination of theemployment relationship.

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125) The processing of personal data for historical, statistical or scientific (…) purposes and forarchiving purposes in the public interest (…) should, in addition to the general principles andspecific rules of this Regulation, in particular as regards the conditions for lawful processing,also comply with respect other relevant legislation such as on clinical trials. The further
processing of personal data for historical, statistical and scientific purposes and for archiving
purposes in the public interest (…) should not be considered incompatible with the purposes
for which the data are initially collected and may be processed for those purposes for a longer
period than necessary for that initial purpose (…). Member States should be authorised toprovide, under specific conditions and in the presence of appropriate safeguards for data
subjects, specifications and derogations to the information requirements and the rights toaccess, rectification, erasure, to be forgotten, restriction of processing and on the right to data
portability and the right to object when processing personal data for historical, statistical orscientific purposes and for archiving purposes (…) The conditions and safeguards in question
may entail specific procedures 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 andorganisational measures aimed at minimising the processing of personal data in pursuance ofthe proportionality and necessity principles.

125a) (…).

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125aa)By coupling information from registries, researchers can obtain new knowledge of greatvalue when it comes to e.g. widespread diseases as cardiovascular disease, cancer,
depression etc. 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 long-term impact of a number of social
conditions e.g. unemployment, education, and the coupling of this information to otherlife conditions. Research results obtained on the basis of registries provide solid, highquality knowledge, which can provide the basis for the formulation and implementationof knowledge-based policy, improve the quality of life for a number of people, andimprove the efficiency of social services etc.
In order to facilitate scientific research, personal data can be processed for scientificpurposes subject to appropriate conditions and safeguards set out in Member State orUnion law. Hence consent from the data subject should not be necessary for each further
processing for scientific purposes.

125b) 'The importance of archives for the understanding of the history and culture of Europe' and'that well-kept and accessible archives contribute to the democratic function of our societies',
were underlined by Council Resolution of 6 May 2003 on archives in the Member States 2.
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 beservices which, pursuant to Union or Member State law, have a legal obligation to acquire,preserve, appraise, arrange, describe, communicate, promote, disseminate and provide accessto records of enduring value for general public interest. Member States should also be
authorised to provide that personal data may be further processed for archiving purposes, forexample with a view to providing specific information related to the political behaviour underformer totalitarian state regimes.

2

OJ C 113, 13.5.2003, p.2.

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Codes of conduct may contribute to the proper application of this Regulation, including when
personal data are processed for archiving purposes in the public interest by further specifying
appropriate safeguards for the rights and freedoms of the data subject. Such codes should be
drafted by Member States' official archives or by the European Archives Group. Regarding
international transfers of personal data included in archives, these must take place without
prejudice of the applying European and national rules for the circulation of cultural goods andnational treasures.
126) Where personal data are processed for scientific purposes, this Regulation should also apply
to that processing. For the purposes of this Regulation, processing of personal data forscientific purposes should include fundamental research, applied research, privately funded
research and in addition should take into account the Union's objective under Article 179(1)of the Treaty on the Functioning of the European Union of achieving a European Research
Area. Scientific purposes should also include studies conducted in the public interest in thearea of public health. To meet the specificities of processing personal data for scientificpurposes specific conditions should apply in particular as regards the publication or otherwise
disclosure of personal data in the context of scientific purposes. If the result of scientificresearch in particular in the health context gives reason for further measures in the interest of
the data subject, the general rules of this Regulation should apply in view of those measures.
126a) Where personal data are processed for historical purposes, this Regulation should also apply

to that processing. This should also include historical research and research for genealogical
purposes, bearing in mind that this Regulation should not apply to deceased persons..
126b) For the purpose of consenting to the participation in scientific research activities in clinical

trials (…) the relevant provisions of Regulation (EU) No. 536/2014 of the European
Parliament and of the Council should apply.

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126c) Where personal data are processed for statistical purposes, this Regulation should apply tothat processing. Union law 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 guaranteeing statistical confidentiality.
126d) The confidential information which the Union and national statistical authorities collect forthe production of official European and official national statistics should be protected.
European statistics should be developed, produced and disseminated in conformity with thestatistical principles as set out in Article 338(2) of the Treaty of the Functioning of theEuropean Union, while national statistics should also comply with national law.
Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of theEuropean Parliament and of the Council on the transmission of data subject to statisticalconfidentiality 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
provides further specifications on statistical confidentiality for European statistics.
127) As regards the powers of the supervisory authorities to obtain from the controller or processor
access personal data and access to its premises, Member States may adopt by law, within thelimits of this Regulation, specific rules in order to safeguard the professional or otherequivalent secrecy obligations, in so far as necessary to reconcile the right to the protection of
personal data with an obligation of professional secrecy. This is without prejudice to existing
Member State obligations to adopt professional secrecy where required by Union law.
128) This Regulation respects and does not prejudice the status under existing constitutional law ofchurches and religious associations or communities in the Member States, as recognised in
Article 17 of the Treaty on the Functioning of the European Union. (...).

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129) 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 to adopt acts inaccordance with Article 290 of the Treaty on the Functioning of the European Union should
be delegated to the Commission. In particular, delegated acts should be adopted in respect of(…); criteria and requirements for certification mechanisms; (…); (…) It is of particularimportance that the Commission carry out appropriate consultations during its preparatory
work, including at expert level. The Commission, when preparing and drawing-up delegatedacts, should ensure a simultaneous, timely and appropriate transmission of relevant documents
to the European Parliament and Council.
130) In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission for: (…); standard contractual
clauses between controllers and processors and between processors, codes of conduct; (…)
technical standards and mechanisms for certification; the adequate level of protection afforded
by a third country or a territory or a processing sector within that third country or aninternational organisation; adopt standard data protection clauses; formats and procedures forthe exchange of information between controllers, processors and supervisory authorities forbinding corporate rules; (…) mutual assistance; (…); the arrangements for the exchange of
information by electronic means between supervisory authorities, and between supervisory
authorities and the European Data Protection Board. Those powers should be exercised inaccordance with Regulation (EU) No 182/2011 of the European Parliament and of the Councilof 16 February 2011 laying down the rules and general principles concerning mechanisms forcontrol by the Member States of the Commission's exercise of implementing powers. In thiscontext, the Commission should consider specific measures for micro, small andmedium-sized enterprises.

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131) The examination procedure should be used for the adoption of implementing acts on standard
contractual clauses between controllers and processors and between processors; codes ofconduct; (…) technical standards and mechanisms for certification; the adequate level ofprotection afforded by a third country or a territory or a processing sector within that third
country or an international organisation; adopt standard data protection clauses; formats andprocedures for the exchange of information by electronic means between controllers,
processors and supervisory authorities for binding corporate rules; mutual assistance; (…) thearrangements for the exchange of information by electronic means between supervisory
authorities, and between supervisory authorities and the European Data Protection Board
given that those acts are of general scope.
132) The Commission should adopt immediately applicable implementing acts where, in duly
justified cases relating to a third country or a territory or a processing sector within that third
country or an international organisation which does not ensure an adequate level of protection(…), imperative grounds of urgency so require.
133) Since the objectives of this Regulation, namely to ensure an equivalent level of protection ofindividuals and the free flow of data throughout the Union, cannot be sufficiently achieved by
the Member States and can therefore, by reason of the scale or effects of the action, be better
achieved at Union level, the Union may adopt measures, in accordance with the principle ofsubsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with theprinciple of proportionality as set out in that Article, this Regulation does not go beyond whatis necessary in order to achieve that objective.

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134) Directive 95/46/EC should be repealed by this Regulation. Processing already under way on
the date of the entry into force of this Regulation should be brought into conformity
with this Regulation within the period of two years after which this Regulation enters
into force. However, where such processing is in compliance with Directive 95/46/EC,
the requirements of this Regulation concerning the carrying out of data protection
impact assessments and the prior consultation of the supervisory authority should not
apply to the processing operations already under way prior to the entry into force of thisRegulation, given that these requirements , by their very nature, are to be met prior to
the processing. Where such processing is in compliance with Directive 95/46/EC, it isalso not necessary for the data subject to give his or her consent again so as to allow thecontroller to continue such processing after the data 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.
135) This Regulation should apply to all matters concerning the protection of fundamental rights
and freedom 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, including the obligations
on the controller and the rights of individuals. In order to clarify the relationship between thisRegulation and Directive 2002/58/EC, the latter Directive should be amended accordingly.
Once this Regulation is adopted, Directive 2002/58/EC should be reviewed in particular inorder to ensure consistency with this Regulation (…).
136) (…)
137) (…)
138) (…).
139) (…)

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HAVE ADOPTED THIS REGULATION:

CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and objectives
1.

This Regulation lays down rules relating to the protection of individuals with regard to theprocessing 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.

2a.

Member States may maintain or introduce more specific provisions to adapt the application of
the rules of this Regulation with regard to the processing of personal data for compliance witha legal obligation or for the performance of a task carried out in the public interest or in theexercise of official authority vested in the controller or for other specific processing situationsas provided for in Article 6(1)(c) and (e) by determining more precisely specific requirements
for the processing and other measures to ensure lawful and fair processing including for otherspecific processing situations as provided for in Chapter IX.

3.

The free movement of personal data within the Union shall neither be restricted nor prohibitedfor reasons connected with the protection of individuals with regard to the processing 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 partof 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 Union institutions, bodies, offices and agencies;(c)by the Member States when carrying out activities which fall within the scope ofChapter 2 of Title V of the Treaty on European Union;(d)by a natural person (…) in the course of (…) a personal or household activity;(e)by competent (…) authorities for the purposes of prevention, investigation, detection
or prosecution of criminal offences, the execution of criminal penalties or thesafeguarding against and the prevention of threats to public security .

3.

(…).
Article 3
Territorial scope

1.

This Regulation applies to the processing of personal data in the context of the activities of anestablishment of a controller or a processor in the Union.

2.

This Regulation applies to the processing of personal data of data subjects residing in theUnion by a controller not established in the Union, where the processing activities are
related to:(a)the offering of goods or services, irrespective of whether a payment by thedata 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
the European Union.

3.

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

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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 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, online identifier or to one or more factors
specific to the physical, physiological, genetic, mental, economic, cultural or social
identity of that person.

(2a)

(…)

(3)

'processing' means any operation or set of operations which is performed upon
personal data or sets of personal data, whether or not by automated means, such ascollection, recording, organization, structuring, storage, adaptation or alteration,
retrieval, consultation, use, disclosure by transmission, dissemination or otherwise
making available, alignment or combination (…) restriction, erasure or destruction;(3a)'restriction of processing' means the marking of stored personal data with the aim oflimiting their processing in the future;(3b)'pseudonymisation' means the processing of personal data in such a way that the data
can no longer be attributed to a specific data subject without the use of additional
information, as long as such additional information is kept separately and subject totechnical and organisational measures to ensure non-attribution to an identified or
identifiable person (…).

(4)'filing system' means any structured set of personal data which are accessible
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(5)

'controller' means the natural or legal person, public authority, agency or any otherbody which alone or jointly with others determines the purposes (…) and means of
the processing of personal data; where the purposes (…) and means of processing aredetermined by Union law or Member State law, the controller or the specific criteria
for his nomination may be designated by Union law or by Member State law;

(6)

'processor' means a natural or legal person, public authority, agency or any otherbody which processes personal data on behalf of the controller;(7)'recipient' means a natural or legal person, public authority, agency or any other body(…) to which the personal data are disclosed, whether a third party or not; however,authorities which may receive data in the framework of a particular inquiry shall not
be regarded as recipients ;(8)'the data subject's consent' means any freely-given, specific and informed (…)
indication of his or her wishes by which the data subject, either by a statement or bya clear affirmative action, signifies agreement to personal data relating to them being
processed;(9)'personal data breach' means a breach of security leading to the accidental or
unlawful destruction, loss, alteration, unauthorised disclosure of, or access to,personal data transmitted, stored or otherwise processed;(10)'genetic data' means all personal data relating to the genetic characteristics of anindividual that have been inherited or acquired, (…) which give unique information
about the physiology or the health of that individual, resulting in particular from ananalysis of a biological sample from the individual in question;(11)'biometric data' means any personal data resulting from specific technical processing
relating to the physical, physiological or behavioural characteristics of an individual
which allows or confirms the unique identification of that individual, such as facial
images, or dactyloscopic data;

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(12)

'data concerning health' means data related to the physical or mental health of anindividual, which reveal information about his or her health status;(12a) 'profiling' means any form of automated processing of personal data consisting ofusing those data to evaluate personal aspects relating to a natural person, in particular
to analyse and predict aspects concerning performance at work, economic situation,
health, personal preferences, or interests, reliability or behaviour, location or
movements;(12b) (…)
(13)-

'main establishment' means
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 (…)
and means of the processing of personal data are taken in another establishment of
the controller in the Union and the latter establishment has the power to have suchdecisions implemented , in this case the establishment having taken such decisions
shall be considered as the main establishment.

-

as regards a processor with establishments in more than one Member State, the placeof its central administration in the Union and, 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;(14)'representative' means any natural or legal person established in the Union who, (…)
designated by the controller in writing pursuant to Article 25, represents thecontroller with regard to the obligations of the controller under this Regulation (…);

(15)

'enterprise' means any natural or legal person engaged in an economic activity,
irrespective of its legal form, (…) including (…) partnerships or associations
regularly engaged in an economic activity;

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(16)

'group of undertakings' means a controlling undertaking and its controlled
undertakings;(17)'binding corporate rules' means personal data protection policies which are adhered
to by a controller or processor established on the territory of a Member State of theUnion for transfers or a set of transfers of personal data to a controller or processor
in one or more third countries within a group of undertakings or group of enterprises
engaged in a joint economic activity;

(18)

(…)

(19)

'supervisory authority' means an independent public authority which is established bya Member State pursuant to Article 46;(19a) 'concerned supervisory authority' means- a supervisory authority which is concerned by the processing because:a) the controller or processor is established on the territory of the Member State ofthat supervisory authority;b) data subjects residing in this Member State are substantially affected or likely
to be substantially affected by the processing; orc) the underlying complaint has been lodged to that supervisory authority.
(19b) 'transnational processing of personal data' means either:(a)processing which takes place in the context of the activities of

establishments in more than one Member State of a controller or a processor in theUnion and the controller or processor is established in more than one Member
State; or(b)processing which takes place in the context of the activities of a single

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.

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(19c) 'relevant and reasoned objection' means:an objection as to whether there is an infringement of this Regulation or not, or, as
the case may be, whether the envisaged action in relation to the controller orprocessor is in conformity with the Regulation. The objection shall clearly
demonstrate the significance of the risks posed by the draft decision as regards thefundamental rights and freedoms of data subjects and where applicable, the free flowof personal data.
(20)'Information Society service' means any service as defined by Article 1 (2) ofDirective 98/34/EC of the European Parliament and of the Council of 22 June 1998
laying down a procedure for the provision of information in the field of technicalstandards and regulations and of rules on Information Society services .

(21)'international organisation' means an organisation and its subordinate bodies
governed by public international law or any other body which is set up by, or on thebasis of, an agreement between two or more countries;

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CHAPTER II
PRINCIPLESArticle 5
Principles relating to personal data processing

1. Personal data must be:(a)processed lawfully, fairly and in a transparent manner in relation to the data subject;(b)collected for specified, explicit and legitimate purposes and not further processed in a
way incompatible with those purposes; further processing of personal data for archiving
purposes in the public interest or scientific, statistical or historical purposes shall inaccordance with Article 83 not be considered incompatible with the initial purposes;(c)adequate, relevant and not excessive in relation to the purposes for which they areprocessed (…);(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 for which
they are processed, are erased or rectified without delay;(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 data will be processed for archiving
purposes in the public interest or scientific, statistical, or historical purposes inaccordance with Article 83 subject to implementation of the appropriate technical andorganisational measures required by the Regulation in order to safeguard the rights andfreedoms of data subject;(ee) processed in a manner that ensures appropriate security of the personal data.
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2.

The controller shall be responsible for compliance with paragraph 1.

Article 6
Lawfulness of processing
1.

Processing of personal data shall be lawful only if and to the extent that at least one of thefollowing applies:(a)the data subject has given unambiguous consent to the processing of their personal datafor one or more specific purposes;(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 issubject;(d)processing is necessary in order to protect the vital interests of the data subject or ofanother 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 the interests
or fundamental rights and freedoms of the data subject which require protection of
personal data, in particular where the data subject is a child. (…) .

2.

Processing of personal data which is necessary for archiving purposes in the public interest, orfor historical, statistical or scientific purposes shall be lawful subject also to the conditions
and safeguards referred to in Article 83.

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3.

The basis for the processing referred to in points (c) and (e) of paragraph 1 must be
established in accordance with:(a)Union law, or(b)national law of the Member State to which the controller is subject.

The purpose of the processing shall be determined in this legal basis or as regards theprocessing referred to in point (e) of paragraph 1, be necessary for the performance of a task
carried out in the public interest or in the exercise of official authority vested in the controller.
This legal basis may contain specific provisions to adapt the application of rules of thisRegulation, inter alia the general conditions governing the lawfulness of data processing by
the controller, the type of data which are subject to the processing, the data subjects
concerned; the entities to, and the purposes for which the data may be disclosed; the purpose
limitation; storage periods and processing operations and processing procedures, including
measures to ensure lawful and fair processing, including for other specific processing
situations as provided for in Chapter IX.
3a.

In order to ascertain whether a purpose of further processing (…) is compatible with the one
for which the data are initially collected, the controller shall take into account, unless the data
subject has given consent, inter alia:(a)any link between the purposes for which the data have been collected and the
purposes of the intended further processing;(b)

the context in which the data have been collected;(c)the nature of the personal data, in particular whether special categories of personal
data are processed, pursuant to Article 9;9565/15
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4.

Where the purpose of further processing is incompatible with the one for which the personal
data have been collected by the same controller, the further processing must have a legal basis
at least in one of the grounds referred to in points (a) to (e) of paragraph 1 . Further processing
by the same controller for incompatible purposes on grounds of legitimate interests of that
controller or a third party shall be lawful if these interests override the interests of the data
subject .

5.

(…)
Article 7
Conditions for consent

1.

Where Article 6(1)(a) applies the controller shall be able to demonstrate that unambiguous
consent was given by the data subject.

1a.

Where Article 9(2)(a) applies, the controller shall be able to demonstrate that explicit consent
was given by the data subject.

2.

If the data subject's consent is to be given in the context of a written declaration which also
concerns other matters, the request for consent must be presented in a manner which is clearly
distinguishable (…) from the other matters, in an intelligible and easily accessible form, using
clear and plain language.

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.

4.

(…)

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

Where Article 6 (1)(a) applies, in relation to the offering of information society services
directly to a child, the processing of personal data of a child (…) shall only be lawful if and to
the extent that such consent is given or authorised by the holder of parental responsibility overthe child or is given by the child in circumstances where it is treated as valid by Union orMember State law.

1a.

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.

2.

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

3.

(…)

4.

(…).
Article 9
Processing of special categories of personal data

1.

The processing of personal data, revealing racial or ethnic origin, political opinions, religiousor philosophical beliefs, trade-union membership, and the processing of genetic data or data
concerning health or sex life (…) 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 data (…),

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(b)

processing is necessary for the purposes of carrying out the obligations and exercising

specific rights of the controller or of the data subject in the field of employment and social
security and social protection law in so far as it is authorised by Union law or Member Statelaw or a collective agreement pursuant to Member State law providing for adequate
safeguards; or(c)processing is necessary to protect the vital interests of the data subject or of anotherperson where the data subject is physically or legally incapable of giving consent; or(d)processing is carried out in the course of its legitimate activities with appropriate

safeguards by a foundation, association or any other non-profit-seeking body with a political,
philosophical, religious or trade-union aim and on condition that the processing relates solely
to the members or to former members of the body or to persons who have regular contact with
it in connection with its purposes and that the data are not disclosed outside that body without
the consent of the data subjects; or(e)the processing relates to personal data which are manifestly made public by the data

subject (…); or(f)

processing is necessary for the establishment, exercise or defence of legal claims orwhenever courts are acting in their judicial capacity; or(g)processing is necessary for (…) reasons of public interest, on the basis of Union law orMember State law which shall provide for suitable and specific measures to safeguard thedata subject's legitimate interests; or(h)processing is necessary for the purposes of preventive or occupational medicine, for theassessment of the working capacity of the employee, medical diagnosis, the provision ofhealth or social care or treatment or the management of health or social care systems andservices on the basis of Union law or Member State law or pursuant to contract with a healthprofessional and subject to the conditions and safeguards referred to in paragraph 4; or(ha) (…);

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(hb) processing is necessary for reasons of public interest in the area of public health, such asprotecting against serious cross-border threats to health or ensuring high standards of quality
and safety of health care and of medicinal products or medical devices, on the basis of Union
law or Member State law which provides for suitable and specific measures to safeguard therights and freedoms of the data subject; or(i)processing is necessary for archiving purposes in the public interest or historical,

statistical or scientific (…) purposes and subject to the conditions and safeguards laid down inUnion or Member State law, including those referred to in Article 83.
(j)

(…)

3.

(…)

4.

Personal data referred to in paragraph 1 may on the basis of Union or Member State law beprocessed for the purposes referred to in point (h) (…) of paragraph 2 when those data areprocessed by or under the responsibility of a (…) professional subject to the obligation of
professional secrecy under Union or Member State law or rules established by national
competent bodies or by another person also subject to an obligation of secrecy under Union
or Member State law or rules established by national competent bodies.

4a.

(…).

5.

Member States may maintain or introduce more specific provisions with regard to genetic
data or health data. This includes the possibility for Member States to (…) introduce further
conditions for the processing of these data.

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Article 9a
Processing of data relating to criminal convictions and offences
Processing of data relating to criminal convictions and offences or related security measures
based on Article 6(1) may only be carried out either under the control of official authority(…) or when the processing is (…) authorised by Union law or Member State law providing
for adequate safeguards for the rights and freedoms of data subjects. A complete register ofcriminal convictions may be kept only under the control of official authority.

Article 10
Processing not requiring 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 tomaintain or acquire (…) additional information nor to engage in additional processing in order
to identify the data subject for the sole purpose of complying with (…) this Regulation.(…)

2.

Where, in such cases the controller is not in a position to identify the data subject, articles 15,
16, 17, 17a, 17b and 18 do not apply except where the data subject, for the purpose of
exercising his or her rights under these articles, provides additional information enabling his
or her identification.

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CHAPTER III
RIGHTS OF THE DATA SUBJECTSECTION 1
TRANSPARENCY AND MODALITIESArticle 11
Transparent information and communication
1.

(…)

2.

(…)

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Article 12
Transparent information, communication and modalities for exercising the rights of thedata subject
1.

The controller shall take appropriate measures to provide any information referred toin Articles 14 and 14a and any communication under Articles 15 to 19 and 32
relating to the processing of personal data to the data subject in an intelligible andeasily accessible form, using clear and plain language. The information shall be
provided in writing, or by other means, where appropriate electronically. Where thedata subject makes the request in electronic form, the information may as a rule beprovided in electronic form, unless otherwise requested by the data subject. Whenrequested by the data subject, the information may be given orally provided that theidentity of the data subject is proven.

1a.

The controller shall facilitate the exercise of data subject rights under Articles 15 to
19. (…) In cases referred to in Article 10 (2) the controller shall not refuse to act on
the request of the data subject for exercising his/her rights under Articles 15 to 19,
unless the controller demonstrates that he/she is not in a position to identify the data
subject.

2.

The controller shall provide (…) information on action taken on a request under
Articles 15 and 16 to 19 to the data subject without undue delay and at the latest
within one month of receipt of the request (…). This period may be extended for afurther two months when necessary, taking into account the complexity of therequest and the number of requests. Where the extended period applies, the data
subject shall be informed within one month of receipt of the request of the reasonsfor the delay.

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3.

If the controller does not take action on the request of the data subject, the controller
shall inform the data subject without undue delay and at the latest within one monthof receipt of the request of the reasons for not taking action and on the possibility of
lodging a complaint to a supervisory authority (…).

4.

Information provided under Articles 14 and 14a (…) and any communication under
Articles 16 to 19 and 32 shall be provided free of charge. Where requests from a data
subject are manifestly unfounded or excessive, in particular because of theirrepetitive character, the controller (…) may refuse to act on the request. In that case,the controller shall bear the burden of demonstrating the manifestly unfounded orexcessive character of the request.

4a.

Without prejudice to Article 10, where the controller has reasonable doubts
concerning the identity of the individual making the request referred to in Articles 15
to 19, the controller may request the provision of additional information necessary toconfirm the identity of the data subject.

5.

(…)

6.

(…)

Article 13
Rights in relation to recipients(…)

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SECTION 2
INFORMATION AND ACCESS TO DATA
Article 14
Information to be provided where the 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 with the following information:(a)the identity and the contact details of the controller and, if any, of thecontroller's representative; the controller shall also include the contact detailsof the data protection officer, if any;(b)

the purposes of the processing for which the personal data are intended (…)
as well as the legal basis of the processing.

1a.

In addition to the information referred to in paragraph 1, the controller shall at thetime when personal data are obtained provide the data subject with such further
information that is necessary to ensure fair and transparent processing (…) , having
regard to the specific circumstances and context in which the personal data areprocessed:
(a)

(…);

(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 recipients or categories of recipients of the personal data;(d)where applicable, that the controller intends to transfer personal data to arecipient in a third country or international organisation;

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(e)

the existence of the right to request from the controller access to andrectification or erasure of the personal data or restriction of processing of
personal data concerning the data subject and to object to the processing ofsuch personal data (…) as well as the right to data portability ;(ea)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 the lawfulness of processing based on consent before its
withdrawal;(f)

the right to lodge a complaint to a supervisory authority (…);(g)

whether the provision of personal data is a statutory or contractual
requirement, or a requirement necessary to enter into a contract, as well as
whether the data subject is obliged to provide the data and of the possible
consequences of failure to provide such data;(h)the existence of automated decision making including profiling referred to in
Article 20(1) and (3) and information concerning (…) the logic involved , aswell as the significance and the envisaged consequences of such processing
for the data subject.

1b.

Where the controller intends to further process the data (...) for a purpose other thanthe one for which the 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 1a.

2.

(…)

3.

(…)

4.

(…)

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5.

Paragraphs 1, 1a and 1b shall not apply where and insofar as the data subject alreadyhas the information,

6.

(…)

7.

(…)

8.

(…)

Article 14 a
Information to be provided where the data have not been obtained from the data subject

1.

Where personal data have not been obtained from the data subject, the controller
shall provide the data subject with the following information :(a)the identity and the contact details of the controller and, if any, of thecontroller's representative; the controller shall also include the contact detailsof the data protection officer, if any;(b)

the purposes of the processing for which the personal data are intended aswell as the legal basis of the processing.

2.

In addition to the information referred to in paragraph 1, the controller shall provide
the data subject with such further information that is necessary to ensure fair andtransparent processing in respect of the data subject, having regard to the specificcircumstances and context in which the personal data are processed (…):

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(b)

(…)

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(c)

where the processing is based on point (f) of Article 6(1), the legitimate
interests pursued by the controller or by a third party;(d)the recipients or categories of recipients of the personal data;(da)where applicable, that the controller intends to transfer personal data to arecipient in a third country or international organisation;(e)the existence of the right to request from the controller access to andrectification or erasure of the personal data or restriction of processing of
personal data concerning the data subject and to object to the processing ofsuch personal data as well as the right to data portability (…);

(ea)

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 the lawfulness of processing based on consent before its
withdrawal;(f)

the right to lodge a complaint to a supervisory authority (…);(g)

from which source the personal data originate, unless the data originate frompublicly accessible sources;(h)the existence of automated decision making including profiling referred to in
Article 20(1) and (3) and information concerning the logic involved, as wellas the significance and the envisaged consequences of such processing forthe data subject.

3.

The controller shall provide the information referred to in paragraphs 1 and 2:(a)within a reasonable period after obtaining the data, but at the latest within one
month, having regard to the specific circumstances in which the data areprocessed, or

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(b)

if a disclosure to another recipient is envisaged, at the latest when the data are
first disclosed.

3aWhere the controller intends to further process the data (…) for a purpose other thanthe one for which the 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.

4.

Paragraphs 1 to 3a shall not apply where and insofar as:(a)the data subject already has the information; or(b)the provision of such information (…) proves impossible or would involve a
disproportionate effort ; in such cases the controller shall take appropriate
measures to protect the data subject's rights and freedoms and legitimate
interests; or(c)obtaining or disclosure is expressly laid down by Union or Member State law
to which the controller is subject, which provides appropriate measures toprotect the data subject's legitimate interests; or(d)(...);(e)where the data must remain confidential in accordance with Union orMember State law (...).

5.

(…)

6.

(…)

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Article 15
Right of access for the data subject
1.

The data subject shall have the right to obtain from the controller at reasonableintervals and free of charge (…) confirmation as to whether or not personal data
concerning him or her are being processed and where such personal data are being
processed access to the data and the following information:(a)the purposes of the processing;

(b)

(…)

(c)

the recipients or categories of recipients to whom the personal data have beenor will be disclosed, in particular recipients in third countries or internationalorganisations;(d)where possible, the envisaged period for which the personal data will be
stored;(e)

the existence of the right to request from the controller rectification or erasureof personal data or restriction of the processing of personal data concerning
the data subject or to object to the processing of such personal data;(f)the right to lodge a complaint to a supervisory authority (…) ;(g)where the personal data are not collected from the data subject, any available
information as to their source;(h)in the case of decisions based on automated processing including profilingreferred to in Article 20(1) and (3), information concerning the logic involved
as well as the significance and envisaged consequences of such processing.

1a.

Where personal data are transferred to a third country or to an internationalorganisation, the data subject shall have the right to be informed of the appropriate
safeguards pursuant to Article 42 relating to the transfer.

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1b.

On request and without an excessive charge, the controller shall provide a copy ofthe personal data undergoing processing to the data subject.

2.

(…)

2a.

The right to obtain a copy referred to in paragraph 1b (…) shall not apply where suchcopy cannot be provided without disclosing personal data of other data subjects or
confidential data of the controller. Furthermore, this right shall not apply if
disclosing personal data would infringe intellectual property rights in relation toprocessing of those personal data.

3.

(…)

4.

(…)

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SECTION 3
RECTIFICATION AND ERASURE
Article 16
Right to rectification
1.

(…) The data subject shall have the right to obtain from the controller without undue
delay the rectification of personal data concerning him or her which are inaccurate.
Having regard to the purposes for which data were processed, the data subject shallhave the right to obtain completion of incomplete personal data, including by meansof providing a supplementary (…) statement.

2.

(…)
Article 17
Right to erasure and “to be forgotten”

1.

The (…) controller shall have the obligation to erase personal data without undue delay,
especially in relation to personal data which are collected when the data subject was achild, and the data subject shall have the right to obtain from the controller the erasure of
personal data concerning him or her without undue delay where one of the following
grounds applies:(a)the 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 to point (a) of Article 6(1) or point (a) of Article 9(2) and (…)
there is no other legal ground for the processing of the data;(c)the data subject objects to the processing of personal data pursuant to Article
19(1) and there are no overriding legitimate grounds for the processing or thedata subject objects to the processing of personal data pursuant to Article
19(2);

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(d)

the data have been unlawfully processed;(e)the data have to be erased for compliance with a legal obligation to which thecontroller is subject;

1a

The data subject shall have also the right to obtain from the controller the erasure of
personal data concerning him or her, without undue delay, if the data have beencollected in relation to the offering of information society services referred to in
Article 8(1).
(…).

2.

(…).

2a.

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

3.

Paragraphs 1, 1a and 2a shall not apply to the extent that (…) processing of thepersonal data is necessary:a. for exercising the right of freedom of expression and information ;b. for compliance with a legal obligation which requires processing of
personal data by Union or Member State law to which the controller issubjector for the performance of a task carried out in the public interest or in
the exercise of official authority vested in the controller;c. for reasons of public interest in the area of public health in accordance with
Article 9(2) (h) and (hb) as well as Article 9(4);d. for archiving purposes in the public interest or for scientific, statistical andhistorical (…) purposes in accordance with Article 83;9565/15
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e. (…)
f. (…)
g. for the establishment, exercise or defence of legal claims.
4.

(…)

5.

(…)

Article 17a
Right to restriction of processing
1.

The data subject shall have the right to obtain from the controller the restriction of
the processing of personal data where:(a)the accuracy of the data is contested by the data subject, for a period enabling
the controller to verify the accuracy of the data;(b)

the controller no longer needs the personal data for the purposes of theprocessing, but they are required by the data subject for the establishment,
exercise or defence of legal claims; or(c)he or she has objected to processing pursuant to Article 19(1) pending theverification whether the legitimate grounds of the controller override those of
the data subject.

2.

(…)

3.

Where processing of personal data has been restricted under paragraph 1, such data
may, with the exception of storage, only be processed with the data subject's consent
or for the establishment, exercise or defence of legal claims or for the protection of
the rights of another natural or legal person or for reasons of important public
interest.

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4.

A data subject who obtained the restriction of processing pursuant to paragraph 1 (…)
shall be informed by the controller before the restriction of processing is lifted.

5.

(…)

5a.

(…)

Article 17b
Notification obligation regarding rectification, erasure or restriction
The controller shall communicate any rectification, erasure or restriction of processing
carried out in accordance with Articles 16, 17(1) and 17a to each recipient to whom the data
have been disclosed (…) , unless this proves impossible or involves disproportionate effort.

Article 18
Right to data portability
1.

(…)

2.

The data subject shall have the right to receive the personal data concerning him orher, which he or she has provided to a controller, in a structured and commonly used
and machine-readable format and have the right to transmit those data to anothercontroller without hindrance from the controller to which the 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) the processing is carried out by automated means.

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2a. The exercise of this right shall be without prejudice to Article 17. The right referred toin paragraph 2 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 thecontroller.
2aa.

The right referred to in paragraph 2 shall not apply if disclosing personal data would
infringe intellectual property rights in relation to the processing of those personal
data.

3.

(…)

4.

(…).

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SECTION 4RIGHT TO OBJECT AND AUTOMATED INDIVIDUAL DECISION MAKING (…)
Article 19
Right to object
1.

The data subject shall have the right to object, on grounds relating to his or her
particular situation, at any time to the processing of personal data concerning him or
her which is based on points (…) (e) or (f) of Article 6(1), the first sentence ofArticle 6(4) in conjunction with point (e) of Article 6(1) or the second sentence ofArticle 6(4).
The controller shall no longer process the personal data (…) unless the controller
demonstrates compelling legitimate grounds for the processing which override theinterests, (…) rights and freedoms of the data subject or for the establishment,
exercise or defence of legal claims.

1a.

(…)

2.

Where personal data are processed for direct marketing purposes, the data subject
shall have the right to object (…) at any time to the processing of personal data
concerning him or her for such marketing. At the latest at the time of the firstcommunication with the data subject, this right shall be explicitly brought to theattention of the data subject (…) and shall be presented clearly and separately fromany other information.

2a.

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

2aa.

Where personal data are processed for historical, statistical or scientific purposes thedata subject, on grounds relating to his or her particular situation, shall have the rightto 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 .

3.

(...)

4.

(…)

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Article 20
Automated individual decision making
1.

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 significantly affects him or her.

1a.

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 (…); or(b)is (…) authorized by Union or Member State law to which the controller issubject and which also lays down suitable measures to safeguard the data
subject's rights and freedoms and legitimate interests; or

(c)
1b.

is based on the data subject's explicit consent (…).

In cases referred to in paragraph 1a (a) and (c) the data controller shall implement
suitable measures to safeguard the data subject’s rights and freedoms and legitimate
interests, at least the right to obtain human intervention on the part of the controller,
to express his or her point of view and to contest the decision:

2.

(…)

3.

Decisions referred to in paragraph 1a shall not (…) be based on special categories of
personal data referred to in Article 9(1), unless points (a) or (g) of Article 9(2) apply
and suitable measures to safeguard the data subject's rights and freedoms andlegitimate interests are in place.

4.

(…)

5.

(…)

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SECTION 5
RESTRICTIONSArticle 21
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 20 and Article 32, as well as Article 5 in so far as its provisions correspond to
the rights and obligations provided for in Articles 12 to 20, when such a restriction constitutes
a necessary and proportionate measure in a democratic society to safeguard:(aa) national security;(ab) defence;(a)public security;(b)

the prevention, investigation, detection or prosecution of criminal offences or the
execution of criminal penalties or the safeguarding against and the prevention of threats
to public security;(c)other important objectives of general public interests 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 matters, public health and social
security, the protection of market stability and integrity;(ca) the protection of judicial independence and judicial proceedings;(d)the prevention, investigation, detection and prosecution of breaches of ethics forregulated professions;

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(e)

a monitoring, inspection or regulatory function connected, even occasionally, with theexercise of official authority in cases referred to in (aa), (ab), (a), (b), (c) and (d);

2.

(f)

the protection of the data subject or the rights and freedoms of others;(g)

the enforcement of civil law claims.

Any legislative measure referred to in paragraph 1 shall contain specific provisions at least,
where relevant, as to the purposes of the processing or categories of processing, the categories
of personal data, the scope of the restrictions introduced, the specification of the controller or
categories of controllers, the storage periods and the applicable safeguards taking into accountthe nature, scope and purposes of the processing or categories of processing and the risks forthe rights and freedoms of data subjects.

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CHAPTER IV
CONTROLLER AND PROCESSORSECTION 1
GENERAL OBLIGATIONSArticle 22
Obligations of the controller
1.

Taking into account the nature, scope context and purposes of the processing as wellas the likelihood and severity of risk for the rights and freedoms of individuals, thecontroller shall (…) implement appropriate measures and be able to demonstrate thatthe processing of personal data is performed in compliance with this Regulation.

2.

(…)

2a.

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

2b.

Adherence to approved codes of conduct pursuant to Article 38 or an approved
certification mechanism pursuant to Article 39 may be used as an element todemonstrate compliance with the obligations of the controller.

3.

(…)

4.

(…)

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Article 23
Data protection by design and by default
1.

(…) Having regard to available technology and the cost of implementation andtaking account of the nature, scope, context and purposes of the processing as wellas the likelihood and severity of the risk for rights and freedoms of individuals posedby the processing, the controllers shall implement (…) technical and organisational
measures appropriate to the processing activity being carried out and its objectives,
such as data minimisation and pseudonymisation, in such a way that the processing
will meet the requirements of this Regulation and protect the rights of (…) data
subjects.

2.

The controller shall implement appropriate measures for ensuring that, by default,
only (…) personal data (…) which are necessary for each specific purpose of theprocessing are processed; this applies to the amount of (…) data collected, the extent
of their processing, the period of their storage and their accessibility. Where thepurpose of the processing is not intended to provide the public with information,
those mechanisms shall ensure that by default personal data are not made accessible
without human intervention to an indefinite number of individuals.

2a.

An approved certification mechanism pursuant to Article 39 may be used as anelement to demonstrate compliance with the requirements set out in paragraphs 1
and 2.

3.

(…)

4.

(…)

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Article 24
Joint controllers
1.

Where two or more controllers jointly determine the purposes and means of theprocessing of personal data, they are joint controllers. They shall in a transparent
manner determine their respective responsibilities for compliance with the
obligations under this Regulation, in particular as regards the (…) exercising of therights of the data subject and their respective duties to provide the informationreferred to in Articles 14 and 14a, by means of an arrangement between them unless,and in so far as, the respective responsibilities of the controllers are determined byUnion or Member State law to which the controllers are subject. The arrangement
shall designate which of the joint controllers shall act as single point of contact fordata subjects to exercise their rights.

2.

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 the (…) controllers.

3.

The arrangement shall duly reflect the joint controllers’ respective effective roles andrelationships vis-à-vis data subjects, and the essence of the arrangement shall bemade available for the data subject. Paragraph 2 does not apply where the data
subject has been informed in a transparent and unequivocal manner which of thejoint controllers is responsible, unless such arrangement other than one determinedby Union or Member State law is unfair with regard to his or her rights (…).

Article 25
Representatives of controllers not established in the Union
1.

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

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2.

This obligation shall not apply to:(a)(…); or(b)

processing which is occasional and unlikely to result in a (…) risk for therights and freedoms of individuals, taking into account the nature, context,
scope and purposes of the processing (…); or

3.

(c)

a public authority or body;

(d)

(…)

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

3a.

The representative shall be mandated by the controller to be addressed in addition toor instead of the controller by, in particular, supervisory authorities and data subjects,
on all issues related to the processing of personal data, for the purposes of ensuring
compliance with this Regulation.

4.

The designation of a representative by the controller shall be without prejudice tolegal actions which could be initiated against the controller itself.

Article 26
Processor1.

(…). The controller shall use only processors providing sufficient guarantees toimplement appropriate technical and organisational measures (…) in such a way thatthe processing will meet the requirements of this Regulation (…).

1a.

The processor shall not enlist another processor without the prior specific or general
written consent of the controller. In the latter case, the processor should always
inform the controller on any intended changes concerning the addition or
replacement of other processors, thereby giving the opportunity to the controller toobject to such changes.

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1b.

(…).

2.

The carrying out of processing by a processor shall be governed by a contract or alegal 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 purposeof the processing, the type of personal data and categories of data subjects, the rightsof the controller (…) and stipulating, in particular that the processor shall:(a)process the personal data only on instructions from the controller (…), unlessrequired to do so by Union or Member State law to which the processor issubject; in such a case, the processor shall inform the controller of that legal
requirement before processing the data, unless that law prohibits suchinformation on important grounds of public interest;

(b)

(…)

(c)

take all (…) measures required pursuant to Article 30;(d)respect the conditions for enlisting another processor (…), such as arequirement of specific prior permission of the controller;(e)(…) taking into account the nature of the processing, assist the controller in
responding to requests for exercising the data subject’s rights laid down in
Chapter III;(f)(…) assist the controller in ensuring compliance with the obligations pursuant
to Articles 30 to 34;(g)return or delete, at the choice of the controller, the personal data upon thetermination of the provision of data processing services specified in thecontract or other legal act, unless there is a requirement to store the data
under Union or Member State law to which the processor is subject;(h)make available to the controller (…) all information necessary to demonstratecompliance with the obligations laid down in this Article and allow for andcontribute to audits conducted by the controller.

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The processor shall immediately inform the controller if, in his opinion, an
instruction breaches this Regulation or Union or Member State dataprotection provisions.
2a.

Where a processor enlists (…) another processor for carrying out specific processing
activities on behalf of the controller, the same data protection obligations as set out
in the contract or other legal act between the controller and the processor as referred
to in paragraph 2 shall be imposed on that other processor by way of a contract orother legal act under Union or Member State law, in particular providing sufficientguarantees to implement appropriate technical and organisational measures in such a
way that the processing will meet the requirements of this Regulation. Where that
other processor fails to fulfil its data protection obligations, the initial processor shallremain fully liable to the controller for the performance of that other processor's
obligations.

2aa.

Adherence of the processor to an approved code of conduct pursuant to Article 38 oran approved certification mechanism pursuant to Article 39 may be used as anelement to demonstrate sufficient guarantees referred to in paragraphs 1 and 2a.

2ab.

Without prejudice to an individual contract between the controller and the processor,
the contract or the other legal act referred to in paragraphs 2 and 2a may be based, inwhole or in part, on standard contractual clauses referred to in paragraphs 2b and 2cor on standard contractual clauses which are part of a certification granted to thecontroller or processor pursuant to Articles 39 and 39a.

2b.

The Commission may lay down standard contractual clauses for the matters referred
to in paragraph 2 and 2a and in accordance with the examination procedure referred
to in Article 87(2) .

2c.

A supervisory authority may adopt standard contractual clauses for the mattersreferred to in paragraph 2 and 2a and in accordance with the consistency mechanism
referred to in Article 57.

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3.

The contract or the other legal act referred to in paragraphs 2 and 2a shall be inwriting, including in an electronic form.

4.

(…)

5.

(…)

Article 27
Processing under the authority of the controller and processor(…)

Article 28
Records of categories of personal data processing activities
1.

Each controller (…) and, if any, the controller's representative, shall maintain a recordof all categories of personal data processing activities under its responsibility. This
record shall contain (…) the following information:(a)the name and contact details of the controller and any joint controller (…),
controller’s representative and data protection officer, if any;

(b)

(…)

(c)

the purposes of the processing, including the legitimate interest when theprocessing is based on Article 6(1)(f);(d)

a description of categories of data subjects and of the categories of personal
data relating to them;(e)the (…) categories of recipients to whom the personal data have been or will
be disclosed, in particular recipients in third countries;

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(f)

where applicable, the categories of transfers of personal data to a third
country or an international organisation (…);(g)

where possible, the envisaged time limits for erasure of the different
categories of data.

(h)where possible, a general description of the technical and organisational
security measures referred to in Article 30(1).

2a.

Each processor shall maintain a record of all categories of personal data processing
activities carried out on behalf of a controller, containing:(a)the name and contact details of the processor or processors and of eachcontroller on behalf of which the processor is acting, and of the controller's
representative, if any;(b)

the name and contact details of the data protection officer, if any;(c)

the categories of processing carried out on behalf of each controller;(d)where applicable, the categories of transfers of personal data to a third
country or an international organisation;(e)where possible, a general description of the technical and organisational
security measures referred to in Article 30(1).

3a.

The records referred to in paragraphs 1 and 2a shall be in writing, including in anelectronic or other non-legible form which is capable of being converted into a legible
form.

3.

On request, the controller and the processor and, if any, the controller's representative,
shall make the record available (…) to the supervisory authority.

4.

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(b)

an enterprise or a body employing fewer than 250 persons, unless theprocessing it carries out is likely to result in a high risk for the rights andfreedoms of data subject such as (…) discrimination, identity theft or fraud,
unauthorized reversal of pseudonymisation, financial loss, damage to thereputation, loss of confidentiality of data protected by professional secrecy or
any other economic or social disadvantage for the data subjects, taking into
account the nature, scope, context and purposes of the processing.;

5.

(…)

6.

(…)
Article 29
Co-operation with the supervisory authority(…)

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SECTION 2
DATA SECURITY
Article 30
Security of processing
1.

Having regard to available technology and the costs of implementation and taking into
account the nature, scope, context and purposes of the processing as well as thelikelihood and severity of the risk for the rights and freedoms of individuals, thecontroller and the processor shall implement appropriate technical and organisational
measures, such as (…) pseudonymisation of personal data to ensure a level of security
appropriate to the risk.

1a.

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

2.

(…)

2a.

Adherence to approved codes of conduct pursuant to Article 38 or an approved
certification mechanism pursuant to Article 39 may be used as an element todemonstrate compliance with the requirements set out in paragraph 1.

2b.

The controller and processor shall take steps to ensure that any person acting under
the authority of the controller or the processor who has access to personal data shallnot process them except on instructions from the controller, unless he or she isrequired to do so by Union or Member State law.

3.

(…)

4.

(…)

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Article 31
Notification of a personal data breach to the supervisory authority
1.

In the case of a personal data breach which is likely to result in a high risk for therights and freedoms of individuals, such as discrimination, identity theft or fraud,financial loss, unauthorized reversal of pseudonymisation, damage to the reputation,
loss of confidentiality of data protected by professional secrecy or any othersignificant economic or social disadvantage, 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 51. The notification to the supervisory authority shall be accompanied by areasoned justification in cases where it is not made within 72 hours.

1a.

The notification referred to in paragraph 1 shall not be required if a communication to
the data subject is not required under Article 32(3)(a) and (b).

2.

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

3.

The notification referred to in paragraph 1 must at least:(a)describe the nature of the personal data breach including, where possible andappropriate, the approximate categories and number of data subjects
concerned and the categories and approximate number of data records
concerned;(b)communicate the identity and contact details of the data protection officer orother contact point where more information can be obtained;

(c)

(…)

(d)

describe the likely consequences of the personal data breach identified by thecontroller;

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(e)

describe the measures taken or proposed to be taken by the controller toaddress the personal data breach; and(f)where appropriate, indicate measures to mitigate the possible adverse effectsof the personal data breach.

3a.

Where, and in so far as, it is not possible to provide the information referred to inparagraph 3 (d), (e) and (f) at the same time as the information referred to in points(a) and (b) of paragraph 3, the controller shall provide this information without
undue further delay.

4.

The controller shall document any personal data breaches referred to in paragraphs 1
and 2, comprising the facts surrounding the breach, its effects and the remedialaction taken. This documentation must enable the supervisory authority to verify
compliance with this Article. (…).

5.

(…)

6.

(….)
Article 32
Communication of a personal data breach to the data subject

1.

When the personal data breach is likely to result in a high risk for the rights andfreedoms of individuals, such as discrimination, identity theft or fraud, financial loss,
damage to the reputation, unauthorized reversal of pseudonymisation, loss ofconfidentiality of data protected by professional secrecy or any other significant
economic or social disadvantage, 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 shall describe thenature of the personal data breach and contain at least the information and therecommendations provided for in points (b), (e) and (f) of Article 31(3).

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3.

The communication (…) to the data subject referred to in paragraph 1 shall not be
required if:a.

the controller (…)has implemented appropriate technological andorganisational protection measures and those measures were applied to thedata affected by the personal data breach, in particular those that render thedata unintelligible to any person who is not authorised to access it, such as
encryption; orb.

the controller has taken subsequent measures which ensure that the high risk
for the rights and freedoms of data subjects referred to in paragraph 1 is nolonger likely to materialise; orc.

it would involve disproportionate effort, in particular owing to the numberof cases involved. In such case, there shall instead be a public
communication or similar measure whereby the data subjects are informed
in an equally effective manner; or

d.
4.

(…)

5.

(…)

6.

(…)

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SECTION 3
DATA PROTECTION IMPACT ASSESSMENT AND PRIORCONSULTATION
Article 33
Data protection impact assessment
1.

Where a type of processing, in particular using new technologies, and taking into
account the nature, scope, context and purposes of the processing, is likely to resultin a high risk for the rights and freedoms of individuals, such as discrimination,
identity theft or fraud, financial loss, damage to the reputation, unauthorized reversalof pseudonymisation, loss of confidentiality of data protected by professional secrecy
or any other significant economic or social disadvantage, the controller (…) shall,prior to the processing, carry out an assessment of the impact of the envisaged
processing operations on the protection of personal data. (…).

1a.

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

2.

A data protection impact assessment referred to in paragraph 1 shall in particular berequired in the following cases:(a)a systematic and extensive evaluation (…) of personal aspects relating to (…)
natural persons (…), which is based on profiling and on which decisions are
based that produce legal effects concerning data subjects or severely affectdata subjects;(b)

processing of special categories of personal data under Article 9(1) (…),
biometric data or data on criminal convictions and offences or related
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(c)

monitoring publicly accessible areas on a large scale, especially when using
optic-electronic devices (…);

2a.

(d)

(…);

(e)

(…).

The supervisory authority shall establish and make public a list of the kind ofprocessing operations which are subject to the requirement for a data protection
impact assessment pursuant to paragraph 1. The supervisory authority shallcommunicate those lists to the European Data Protection Board.

2b.

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 European Data
Protection Board.

2c.

Prior to the adoption of the lists referred to in paragraphs 2a and 2b the competentsupervisory authority shall apply the consistency mechanism referred to in Article 57
where such lists involve processing activities which are related to the offering ofgoods or services to data subjects or to the monitoring of their behaviour in several
Member States, or may substantially affect the free movement of personal data
within the Union.

3.

The assessment shall contain at least a general description of the envisaged
processing operations, an evaluation of the risk referred to in paragraph 1, themeasures envisaged to address the risk including safeguards, security measures andmechanisms to ensure the protection of personal data and to demonstrate compliancewith this Regulation taking into account the rights and legitimate interests of data
subjects and other persons concerned.

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3a.

Compliance with approved codes of conduct referred to in Article 38 by the relevant
controllers or processors shall be taken into due account in assessing lawfulness andimpact of the processing operations performed by such controllers or processors, inparticular for the purposes of a data protection impact assessment.

4.

The controller shall seek the views of data subjects or their representatives on theintended processing, without prejudice to the protection of commercial or public
interests or the security of the processing operations (…).

5.

(…) Where the processing pursuant to point (c) or (e) of Article 6(1) has a legal basis
in Union law or the law of the Member State to which the controller is subject, andsuch law regulates the specific processing operation or set of operations in question,
paragraphs 1 to 3 shall not apply, unless Member States deem it necessary to carryout such assessment prior to the processing activities.

6.

(…)

7.

(…)

Article 34
Prior (…) consultation
1.

(…)

2.

The controller (…) shall consult the supervisory authority prior to the processing of
personal data where a data protection impact assessment as provided for in Article
33 indicates that the processing would result in a high (…) risk in the absence ofmeasures to be taken by the controller to mitigate the risk..

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3.

Where the supervisory authority is of the opinion that the intended processing referred
to in paragraph 2 would not comply with this Regulation, in particular where thecontroller has insufficiently identified or mitigated the risk, it shall within a maximum
period of 6 weeks following the request for consultation give advice to the data
controller , in writing, and may use any of its powers referred to in Article 53 (…). This
period may be extended for a further six weeks, taking into account the complexity of
the intended processing. Where the extended period applies, the controller or processor
shall be informed within one month of receipt of the request of the reasons for the delay.

4.

(…)

5.

(…)

6.

When consulting the supervisory authority pursuant to paragraph 2, the controller (…)
shall provide the supervisory authority, with(a)where applicable, the respective responsibilities of controller, joint controllers andprocessors involved in the processing, in particular for processing within a groupof undertakings;(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;

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7.

Member States shall consult the supervisory authority during the preparation of a
proposal for a legislative measure adopted by a national parliament or of a regulatory
measure based on such a legislative measure which provide for the processing of
personal data (…).

7a.

Notwithstanding paragraph 2, Member States' law may require controllers to consult
with, and obtain prior authorisation from, the supervisory authority in relation to theprocessing of personal data by a controller for the performance of a task carried out
by the controller in the public interest, including the processing of such data in
relation to social protection and public health.

8.

(…)

9.

(…)

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SECTION 4DATA PROTECTION OFFICER
Article 35
Designation of the data protection officer
1.

The controller or the processor may, or where required by Union or Member State law
shall, designate a data protection officer (…).

2.

A group of undertakings may appoint a single data protection officer.

3.

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

4.

(…).

5.

The (…) data protection officer shall be designated on the basis of professional qualities
and, in particular, expert knowledge of data protection law and practices and ability tofulfil the tasks referred to in Article 37, particularly the absence of any conflict ofinterests. (…).

6.

(…)

7.

(…). During their term of office, the data protection officer may, apart from serious
grounds under the law of the Member State concerned which justify the dismissal of an
employee or civil servant, be dismissed only if the data protection officer no longer
fulfils the conditions required for the performance of his or her tasks pursuant to
Article 37.

8.

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.

9.

The controller or the processor shall publish the contact details of the data protection
officer and communicate these to the supervisory authority (…).

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10.

Data subjects may contact the data protection officer on all issues related to theprocessing of the data subject’s data and the exercise of their rights under thisRegulation.

11.

(…)
Article 36
Position of the data protection officer

1.

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

2.

The controller or the processor shall support the data protection officer in performing
the tasks referred to in Article 37 by providing (…) resources necessary to carry out
these tasks as well as access to personal data and processing operations.

3.

The controller or processor shall ensure that the data protection officer can act in an
independent manner with respect to the performance of his or her tasks and does notreceive any instructions regarding the exercise of these tasks. He or she shall not be
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.

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.

Article 37
Tasks of the data protection officer1.

The (…) data protection officer (…) shall have the following tasks:(a)to inform and advise the controller or the processor and the employees who areprocessing personal data of their obligations pursuant to this Regulation andother Union or Member State data protection provisions (…);

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(b)

to monitor compliance with this Regulation, with other Union or Member Statedata protection provisions and with the policies of the controller or processor in
relation to the protection of personal data, including the assignment ofresponsibilities, awareness-raising and training of staff involved in theprocessing operations, and the related audits;

(c)

(…)

(d)

(…)

(e)

(…)

(f)

to provide advice where requested as regards the data protection impact
assessment and monitor its performance pursuant to Article 33;(g)

to monitor responses to requests from the supervisory authority and, within thesphere of the data protection officer's competence, to co-operate with thesupervisory authority at the latter's request or on the data protection officer’s
own initiative;(h)to act as the contact point for the supervisory authority on issues related to theprocessing of personal data, including the prior consultation referred to in
Article 34, and consult, as appropriate, on any other matter.

2.

(…)

2a.

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

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SECTION 5CODES OF CONDUCT AND CERTIFICATION
Article 38
Codes of conduct
1.

The Member States, the supervisory authorities, the European Data Protection Boardand the Commission shall encourage the drawing up of codes of conduct intended tocontribute to the proper application of this Regulation, taking account of the specificfeatures of the various data processing sectors and the specific needs of micro, small
and medium-sized enterprises.

1a.

Associations and other bodies representing categories of controllers or processors may
prepare codes of conduct, or amend or extend such codes, for the purpose of specifying
the application of provisions of this Regulation, such as:(a)fair and transparent data processing;(aa)

the legitimate interests pursued by controllers in specific contexts;(b)

the collection of data;(bb)

the pseudonymisation of personal data;(c)the information of the public and of data subjects;(d)the exercise of the rights of data subjects;(e)information and protection of children and the way to collect the parent’s andguardian’s consent;(ee)measures and procedures referred to in Articles 22 and 23 and measures toensure security of processing referred to in Article 30;

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(ef)

notification of personal data breaches to supervisory authorities andcommunication of such breaches to data subjects;

(f)
1ab.

(…).

In addition to adherence by controller or processor subject to the regulation, codes ofconduct approved pursuant to paragraph 2 may also be adhered to by controllers orprocessors that are not subject to this Regulation according 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 Article 42(2)(d). Such controllers
or processors shall make binding and enforceable commitments, via contractual
instruments or otherwise, to apply those appropriate safeguards including as regards data
subjects’ rights.

1b.

Such a code of conduct shall contain mechanisms which enable the body referred to inparagraph 1 of article 38a to carry out the mandatory monitoring of compliance with its
provisions by the controllers or processors which undertake to apply it, without prejudice
to the tasks and powers of the supervisory authority which is competent pursuant to Article
51 or 51a.

2.

Associations and other bodies referred to in paragraph 1a which intend to prepare a code of
conduct, or to amend or extend an existing code, shall submit the draft code to thesupervisory authority which is competent pursuant to Article 51. The supervisory authority
shall give an opinion on whether the draft code, or amended or extended code, is incompliance with this Regulation and shall approve such draft, amended or extended code if
it finds that it provides sufficient appropriate safeguards.

2a.

Where the opinion referred to in paragraph 2 confirms that the code of conduct, oramended or extended code, is in compliance with this Regulation and the code is approved,
and if the code of conduct does not relate to processing activities in several Member States,
the supervisory authority shall register the code and publish the details thereof.

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2b.

Where the draft code of conduct relates to processing activities in several Member States,
the supervisory authority competent pursuant to Article 51 shall, before approval, submit itin the procedure referred to in Article 57 to the European Data Protection Board whichshall give an opinion on whether the draft code, or amended or extended code, is incompliance with this Regulation or, in the situation referred to in paragraph 1ab, provides
appropriate safeguards.

3.

Where the opinion referred to in paragraph 2b confirms that the code of conduct, oramended or extended code, is in compliance with this Regulation, or, in the situationreferred to in paragraph 1ab, provides appropriate safeguards ,the European Data
Protection Board shall submit its opinion to the Commission.

4.

The Commission may adopt implementing acts for deciding that the approved codes ofconduct and amendments or extensions to existing approved codes of conduct submitted toit pursuant to paragraph 3 have general validity within the Union. Those implementing acts
shall be adopted in accordance with the examination procedure set out in Article 87(2).

5.

The Commission shall ensure appropriate publicity for the approved codes which havebeen decided as having general validity in accordance with paragraph 4.

5a.

The European Data Protection Board shall collect all approved codes of conduct andamendments thereto in a register and shall make them publicly available through any
appropriate means, such as through the European E-Justice Portal.

Article 38a
Monitoring of approved codes of conduct
1.

Without prejudice to the tasks and powers of the competent supervisory authority under
Articles 52 and 53, the monitoring of compliance with a code of conduct pursuant to Article
38 (1b), may be carried out by a body which has an appropriate level of expertise in relation
to the subject-matter of the code and is accredited for this purpose by the competentsupervisory authority.

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2.

A body referred to in paragraph 1 may be accredited for this purpose if:(a)it has demonstrated its independence and expertise in relation to the subject-matterof the code to the satisfaction of the competent supervisory authority;(b)

it has established procedures which allow it to assess the eligibility of controllers
and processors concerned to apply the code, to monitor their compliance with its
provisions and to periodically review its operation;(c)it has established procedures and structures to deal with complaints about
infringements of the code or the manner in which the code has been, or is being,
implemented by a controller or processor, and to make these procedures andstructures transparent to data subjects and the public;(d)

it demonstrates 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 referred to in paragraph 1 to the European Data Protection Board pursuant to theconsistency mechanism referred to in Article 57.

4.

Without prejudice to the provisions of Chapter VIII, a body referred to in paragraph 1 may,subject to adequate safeguards, take appropriate action in cases of infringement of the codeby a controller or processor, including suspension or exclusion of the controller or processor
concerned from the code. It shall inform the competent supervisory authority of such actions
and the reasons for taking them.

5.

The competent supervisory authority shall revoke the accreditation of a body referred to inparagraph 1 if the conditions for accreditation are not, or no longer, met or actions taken by
the body are not in compliance with this Regulation.

6.

This article shall not apply to the processing of personal data carried out by publicauthorities and bodies.

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Article 39
Certification
1.

The Member States, the European Data Protection 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 carried out by controllers andprocessors. The specific needs of micro, small and medium-sized enterprises shall be taken
into account.

1a.

In addition to adherence by controllers or processors subject to this Regulation, dataprotection certification mechanisms, seals or marks approved pursuant to paragraph 2a may
also be established for the purpose of demonstrating the existence of appropriate safeguards
provided by controllers or processors that are not subject to this Regulation according to
Article 3 within the framework of personal data transfers to third countries or internationalorganisations under the terms referred to in Article 42(2)(e). Such controllers or processors
shall make binding and enforceable commitments, via contractual instruments or otherwise, toapply those appropriate safeguards, including as regards data subjects’ rights

2.

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 andpowers of the supervisory authority which is competent pursuant to Article 51 or 51a.

2a.

A certification pursuant to this Article shall be issued by the certification bodies referred to in
Article 39a, or where applicable, by the competent supervisory authority on the basis of thecriteria approved by the competent supervisory authority or, pursuant to Article 57, theEuropean Data Protection Board.

3.

The controller or processor which submits its processing to the certification mechanism shallprovide the certification body referred to in Article 39a, or where applicable, the competentsupervisory authority, with all information and access to its processing activities which arenecessary to conduct the certification procedure.

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4.

The certification shall be issued to a controller or processor for a maximum period of 3 years
and may be renewed under the same conditions as long as the relevant requirements continue
to be met. It shall be withdrawn by the certification bodies referred to in Article 39a, or whereapplicable, by the competent supervisory authority where the requirements for thecertification are not or no longer met.

5.

The European Data Protection Board shall collect all certification mechanisms and dataprotection seals in a register and shall make them publicly available through any appropriate
means, such as through the European E-Justice Portal.

Article 39a
Certification body and procedure1.

Without prejudice to the tasks and powers of the competent supervisory authority under
Articles 52 and 53, the certification shall be issued and renewed by a certification body which
has an appropriate level of expertise in relation to data protection. Each Member State shallprovide whether these certification bodies are accredited by:(a)the supervisory authority which is competent according to Article 51 or 51a; and/or(b)

the National Accreditation Body named in accordance with Regulation (EC)765/2008 of the European parliament and the Council of 9 July 2008 setting out therequirements for accreditation and market surveillance relating to the marketing ofproducts in compliance with EN-ISO/IEC 17065/2012 and with the additional
requirements established by the supervisory authority which is competent according
to Article 51 or 51a.

2.

The certification body referred to in paragraph 1 may be accredited for this purpose only if:(a)it has demonstrated its independence and expertise in relation to the subject-matter ofthe certification to the satisfaction of the competent supervisory authority;

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(aa)

it has undertaken to respect the criteria referred to in paragraph 2a of Article 39
and approved by the supervisory authority which is competent according to Article
51 or 51a or , pursuant to Article 57, the European Data Protection Board;(b)

it has established procedures for the issue, periodic review and withdrawal of dataprotection seals and marks;(c)it has established procedures and structures to deal with complaints about
infringements of the certification or the manner in which the certification has been,or is being, implemented by the controller or processor, and to make theseprocedures and structures transparent to data subjects and the public;(d)

it demonstrates to the satisfaction of the competent supervisory authority that its
tasks and duties do not result in a conflict of interests.

3.

The accreditation of the certification bodies referred to in paragraph 1 shall take place on thebasis of criteria approved by the supervisory authority which is competent according to
Article 51 or 51a or, pursuant to Article 57, the European Data Protection Board. In case ofan accreditation pursuant to point (b) of paragraph 1, these requirements complement thoseenvisaged in Regulation 765/2008 and the technical rules that describe the methods andprocedures of the certification bodies.

4.

The certification body 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 is issued for a maximum period of five years and can be
renewed in the same conditions as long as the body meets the requirements.

5.

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

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6.

The requirements referred to in paragraph 3 and the criteria referred to in paragraph 2a of
Article 39 shall be made public by the supervisory authority in an easily accessible form. The
supervisory authorities shall also transmit these to the European Data Protection Board. The
European Data Protection Board shall collect all certification mechanisms and data protection
seals in a register and shall make them publicly available through any appropriate means, suchas through the European E-Justice Portal.

6a.

Without prejudice to the provisions of Chapter VIII, the competent supervisory authority or
the National Accreditation Body shall revoke the accreditation it granted to a certificationbody referred to in paragraph 1 if the conditions for accreditation are not, or no longer, met or
actions taken by the body are not in compliance with this Regulation.

7.

The Commission shall be empowered to adopt delegated acts in accordance with Article 86,
for the purpose of (…) specifying the criteria and requirements to be taken into account forthe data protection certification mechanisms referred to in paragraph 1 (…).

7a.

The European Data Protection Board shall give an opinion to the Commission on the criteria
and requirements referred to in paragraph 7.

8.

The Commission may lay down technical standards for certification mechanisms and dataprotection seals and marks and mechanisms to promote and recognize certification
mechanisms and data protection seals and marks. Those implementing acts shall be adopted inaccordance with the examination procedure set out in Article 87(2).

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CHAPTER V
TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES OR
INTERNATIONAL ORGANISATIONSArticle 40
General principle for transfers(…)
Article 41
Transfers with an adequacy decision1.

A transfer of personal data to (...) a third country or an international organisation
may take place where the Commission has decided that the third country, or aterritory or one or more specified sectors within that third country, or theinternational organisation in question ensures an adequate level of protection. Suchtransfer shall not require any specific authorisation.

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, data protection rules and security
measures, including rules for onward transfer of personal data to anotherthird country or international organisation, which are complied with in thatthird country or international organisation, as well as the existence ofeffective and enforceable data subject rights and effective administrative andjudicial redress for 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 internationalorganisation is subject, with responsibility for ensuring and enforcing
compliance with the data protection rules including adequate sanctioning
powers for assisting and advising the data subjects in exercising their rights
and for co-operation with the supervisory authorities of the Union and ofMember States;(c)the international commitments the third country or international organisation
concerned has entered into, or other (…) obligations arising from its
participation in multilateral or regional systems, in particular in relation to theprotection of personal data.

2a.

The European Data Protection Board shall give the Commission an opinion for theassessment of the adequacy of the level of protection in a third country orinternational organization, including for the assessment whether a third country or
the territory or the international organization or the specified sector no longer ensures
an adequate level of protection.

3.

The Commission, after assessing the adequacy of the level of protection, may decidethat a third country, or a territory or one or more specified sectors within that third
country, or an international organisation ensures an adequate level of protection
within the meaning of paragraph 2. (…). The implementing act shall specify its
territorial and sectoral application and, where applicable, identify the (independent)
supervisory authority(ies) mentioned in point (b) of paragraph 2. The implementing
act shall be adopted in accordance with the examination procedure referred to in
Article 87(2).

3a.

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 aCommission Decision adopted in accordance with paragraph 3 or 5.

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4.

(…)

4a.

The Commission shall monitor the functioning of decisions adopted pursuant toparagraph 3 and decisions adopted on the basis of Article 25(6) or Article 26(4) of
Directive 95/46/EC.

5.

The Commission may decide that a third country, or a territory or a specified sector
within that third country, or an international organisation no longer ensures anadequate level of protection within the meaning of paragraph 2 and may, where
necessary, repeal, amend or suspend such decision without retro-active effect. The
implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 87(2) or, in cases of extreme urgency (…), in accordance withthe procedure referred to in Article 87(3). (…)

5a.

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.

6.

A decision pursuant to paragraph 5 is without prejudice to transfers of personal data
to the third country, or the territory or specified sector within that third country, or
the international organisation in question pursuant to Articles 42 to 44.(…)

7.

The Commission shall publish in the Official Journal of the European Union a list of
those third countries, territories and specified sectors within a third country andinternational organisations in respect of which decisions have been taken pursuant toparagraphs 3, 3a and 5.

8.

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Article 42
Transfers by way of appropriate safeguards

1.

In the absence of a decision pursuant to paragraph 3 of Article 41, a controller or processor
may transfer personal data to (…) a third country or an international organisation only if thecontroller or processor has adduced appropriate safeguards, also covering onward transfers
(…).

2.

The appropriate safeguards referred to in paragraph 1 may be provided for (…), without
requiring any specific authorisation from a supervisory authority, by:(oa)a legally binding and enforceable instrument between public authorities orbodies; or(a)binding corporate rules referred to in Article 43; or(b)standard data protection clauses adopted by the Commission (…) inaccordance with the examination procedure referred to in Article 87(2); or(c)standard data protection clauses adopted by a supervisory authority (….) andadopted by the Commission pursuant to the examination procedure referred
to in Article 87(2).

(d)

an approved code of conduct pursuant to Article 38 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(e)an approved certification mechanism pursuant to Article 39 together withbinding and enforceable commitments of the controller or processor (…) inthe third country to apply the appropriate safeguards, including as regards
data subjects’ rights.

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2a.

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 data (…) in the third country or international organisation; or

(b)

(…)

(c)

(…)

(d)

provisions to be inserted into administrative arrangements between public authorities
or bodies (…).

3.

(…)

4.

(…)

5.

(…)

5a.

The supervisory authority shall apply the consistency mechanism in the cases referred to inpoints (ca), (d), (e) and (f) of Article 57 (2).

5b.

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 by thatsupervisory authority. Decisions adopted by the Commission on the basis of Article 26(4) of
Directive 95/46/EC shall remain in force until amended, replaced or repealed by aCommission Decision adopted in accordance with paragraph 2.

Article 43
Binding corporate rules
1.

The competent supervisory authority shall approve binding corporate rules in accordancewith the consistency mechanism set out in Article 57 provided that they:(a)are legally binding and apply to, and are enforced by, every member concerned of
the group of undertakings or group of enterprises engaged in a joint economic
activity;

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(b)

expressly confer enforceable rights on data subjects with regard to the processing of
their personal data;(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 concerned group and of each of its members;(b)

the data transfers or categories of transfers, including the types 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)application of the general data protection principles, in particular purpose
limitation, (…) data quality, legal basis for the 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 the processing of their personal data and themeans to exercise these rights, including the right not to be subject to (…)decisions
based solely on automated processing, including profiling, in accordance with
Article 20, the right to lodge a complaint before the competent supervisory
authority and before the competent courts of the Member States in accordance with
Article 75, and to obtain redress and, where appropriate, compensation for a breachof 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 may
only be exempted from this liability, in whole or in part, on proving that thatmember is not responsible for the event giving rise to the damage;(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 accordance with Articles 14 and 14a;

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(h)

the tasks of any data protection officer designated in accordance with Article 35 or
any other person or entity in charge of monitoring (…) compliance with the binding
corporate rules within the group, as well as monitoring the training and complainthandling;(hh)

the complaint procedures;(i)the mechanisms within the group, for ensuring the verification of compliance withthe binding corporate rules. Such mechanisms shall include data protection audits
and methods for ensuring corrective actions to protect the rights of the data subject.
Results of such verification should be communicated to the person or entity referredunder point (h) and to the board of the controlling undertaking or of the group ofenterprises, and should be available upon request to the competent supervisory
authority;(j)the mechanisms for reporting and recording changes to the rules and reporting thesechanges to the supervisory authority;(k)the co-operation mechanism with the supervisory authority to ensure compliance byany member of the group (…), in particular by making available to the supervisory
authority the results of (…) verifications of the measures referred to in point (i) of
this paragraph;(l)the mechanisms for reporting to the competent supervisory authority any legal
requirements to which a member of the group is subject in a third country which are
likely to have a substantial adverse effect on the guarantees provided by the binding
corporate rules; and(m)the appropriate data protection training to personnel having permanent or regularaccess to personal data (...).

2a.

The European Data Protection Board shall advise the Commission on the format andprocedures for the exchange of information between controllers, processors and supervisory
authorities for binding corporate rules.

3.

(…)

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4.

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 87(2).
Article 44
Derogations for specific situations

1.

In the absence of an adequacy decision pursuant to paragraph 3 of Article 41, or of
appropriate safeguards pursuant to Article 42, including binding corporate rules (...), atransfer or a category of transfers of personal data to (…) a third country or an internationalorganisation may take place only on condition that:(a)the data subject has explicitly consented to the proposed transfer, after having been
informed that such transfers may involve risks for the data subject due to the absenceof an adequacy decision and appropriate safeguards; or(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; or(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; or(d)the transfer is necessary for important reasons of public interest; or(e)the transfer is necessary for the establishment, exercise or defence of legal claims; or(f)the transfer is necessary in order to protect the vital interest of the data subject or ofother persons, where the data subject is physically or legally incapable of giving
consent; or(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
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(h)

the transfer, which is not large scale or frequent, is necessary for the purposes oflegitimate interests pursued by the controller which are not overridden by theinterests or rights and freedoms of the data subject and where the controller (…) has
assessed all the circumstances surrounding the data transfer operation or the set ofdata transfer operations and (…) based on this assessment adduced suitablesafeguards with respect to the protection of personal data.

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. When 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.

(…)

4.

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

5.

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

5a.

In the absence of an adequacy decision, Union law 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 suitable safeguards(…) referred to in point (h) of paragraph 1 in the records referred to in Article 28 (…).

6a.

(…)

7.

(…)

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Article 45
International co-operation for the protection of personal data1.

In relation to third countries and international organisations, the Commission andsupervisory authorities shall take appropriate steps to:(a)develop international co-operation mechanisms to facilitate the effective enforcementof legislation for the protection of personal data;(b)provide international mutual assistance in the enforcement of legislation for theprotection of personal data, including through (…) complaint referral, investigative
assistance and information exchange, subject to appropriate safeguards for theprotection of personal data and other fundamental rights and freedoms;(c)engage relevant stakeholders in discussion and activities aimed at promotinginternational co-operation in the enforcement of legislation for the protection of
personal data;(d)promote the exchange and documentation of personal data protection legislation andpractice.

2.

(…)

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CHAPTER VI
INDEPENDENT SUPERVISORY AUTHORITIESSECTION 1
INDEPENDENT STATUS
Article 46
Supervisory authority
1.

Each Member State shall provide that one or more independent public authorities are
responsible for monitoring the application of this Regulation.

1a.

Each supervisory authority shall contribute to the consistent application of this Regulation
throughout the Union (…). For this purpose, the supervisory authorities shall co-operatewith each other and the Commission in accordance with Chapter VII.

2.

Where in a Member State more than one supervisory authority are established, that Member
State shall designate the supervisory authority which shall represent those authorities in theEuropean Data Protection Board and shall set out the mechanism to ensure compliance by
the other authorities with the rules relating to the consistency mechanism referred to in
Article 57.

3.

Each Member State shall notify to the Commission those provisions of its law which it
adopts pursuant to this Chapter, by the date specified in Article 91(2) at the latest and,without delay, any subsequent amendment affecting them.
Article 47
Independence

1.

Each supervisory authority shall act with complete independence in performing the duties
and exercising the powers entrusted to it in accordance with this Regulation.

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2.

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

3.

(…)

4.

(…)

5.

Each Member State shall ensure that each supervisory authority is provided with the (…)
human, technical and financial resources, premises and infrastructure necessary for theeffective performance of its duties and exercise of its powers, including those to be carriedout in the context of mutual assistance, co-operation and participation in the European Data
Protection Board.

6.

Each Member State shall ensure that each supervisory authority has its own staff which shall(…) be subject to the direction of the member or members of the supervisory authority.

7.

Member States shall ensure that each supervisory authority is subject to financial control
which shall not affect its independence. Member States shall ensure that each supervisory
authority has separate, public, annual budgets, which may be part of the overall state or
national budget.
Article 48
General conditions for the members of the supervisory authority

1.

Member States shall provide that the member or members of each supervisory authority
must be appointed (…) by the parliament and/or the government or the head of State of theMember State concerned or by an independent body entrusted by Member State law with theappointment by means of a transparent procedure.

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2.

The member or members shall have the qualifications, experience and skills required toperform their duties and exercise their powers.

3.

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

4.

(…)

5.

(…).
Article 49
Rules on the establishment of the supervisory authority

1.

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

the qualifications (…) required to perform the duties of the members of the supervisory
authority;(c)the rules and procedures for the appointment of the member or members of each supervisory
authority (…);(d)

the duration of the term of the member or members of each supervisory authority whichshall not be (…) less than four years, except for the first appointment after entry into forceof this Regulation, part of which may take place for a shorter period where this is necessary
to protect the independence of the supervisory authority by means of a staggered
appointment procedure;(e)whether and, if so, for how many terms the member or members of each supervisory
authority shall be eligible for reappointment;(f)the (…) conditions governing the obligations of the member or members and staff of eachsupervisory authority, prohibitions on actions and occupations incompatible therewith
during and after the term of office and rules governing the cessation of employment;

(g)

(…).

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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 come totheir knowledge in the course of the performance of their (…) duties or exercise of theirpowers.
Article 50
Professional secrecy(…)

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SECTION 2
COMPETENCE, TASKS AND POWERS
Article 51
Competence1.

Each supervisory authority shall be competent to perform the tasks and exercise the powers
conferred on it in accordance with this Regulation on the territory of its own Member State.
(…)

2.

Where the processing is carried out by public authorities or private bodies acting on thebasis of points (c) or (e) of Article 6(1), the supervisory authority of the Member State
concerned shall be competent. In such cases Article 51a does not apply.

3.

Supervisory authorities shall not be competent to supervise processing operations of courts
acting in their judicial capacity. (…).
Article 51a
Competence of the lead supervisory authority

1.

Without prejudice to Article 51, 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 transnational processing of this controller or processor inaccordance with the procedure in Article 54a.

2.

(…)

2a.

By derogation from paragraph 1, each supervisory authority shall be competent to deal witha complaint lodged with it or to deal with a possible infringement of this Regulation, if thesubject matter relates only to an establishment in its Member State or substantially affects
data subjects only in its Member State.

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2b.

In the cases referred to in paragraph 2a, the supervisory authority shall inform the leadsupervisory authority without delay on this matter. Within a period of three weeks after
being informed the lead supervisory authority shall decide whether or not it will deal withthe case in accordance with the procedure provided in Article 54a, taking into account
whether or not there is an establishment of the controller or processor in the Member Stateof which the supervisory authority informed it.

2c.

Where the lead supervisory authority decides to deal with the case, the procedure provided
in Article 54a shall apply. The supervisory authority which informed the lead supervisory
authority may submit to such 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 paragraph 2 of Article 54a.

2d.

In case the lead supervisory authority decides not to deal with it, the supervisory authority
which informed the lead supervisory authority shall deal with the case according to Articles
55 and 56.

3.

The lead supervisory authority shall be the sole interlocutor of the controller or processor for
their transnational processing.

4.

(…).
Article 51b
Identification of the supervisory authority competent for the main establishment(…)
Article 51c
One-stop shop register(…)

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Article 52
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;(aa)promote public awareness and understanding of the risks, rules, safeguards and rights inrelation to the processing of personal data. Activities addressed specifically to children shallreceive specific attention;(ab)advise, in accordance with national law, the national parliament, the government, and otherinstitutions and bodies on legislative and administrative measures relating to the protectionof individuals’ rights and freedoms with regard to the processing of personal data;(ac)promote the awareness of controllers and processors of their obligations under thisRegulation;(ad)upon request, provide information to any data subject concerning the exercise of their rights
under this Regulation and, if appropriate, co-operate with the supervisory authorities in otherMember States to this end;(b)

deal with complaints lodged by a data subject, or body, organisation or association
representing a data subject in accordance with Article 73, and investigate, to the extent
appropriate, the subject matter of the complaint and inform the data subject or the body,organisation or association of the progress and the outcome of the investigation within areasonable period , in particular if further investigation or coordination with anothersupervisory authority is necessary;(c)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;(d)conduct investigations on the application of this Regulation, including on the basis of ainformation received from another supervisory or other public authority;(e)monitor relevant developments, insofar as they have an impact on the protection of personaldata, in particular the development of information and communication technologies andcommercial practices;

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(f)

adopt standard contractual clauses referred to in Article 26(2c);(fa)

establish and make a list in relation to the requirement for data protection impact assessment
pursuant to Article 33(2a);(g)

give advice on the processing operations referred to in Article 34(3);(ga)

encourage the drawing up of codes of conduct pursuant to Article 38 and give an opinion
and approve such codes of conduct which provide sufficient safeguards, pursuant to Article
38 (2);(gb)

promote the establishment of data protection certification mechanisms and of data protection
seals and marks, and approve the criteria of certification pursuant to Article 39 (2a);(gc)

where applicable, carry out a periodic review of certifications issued in accordance with
Article 39(4);(h)

draft and publish the criteria for accreditation of a body for monitoring codes of conduct
pursuant to Article 38a and of a certification body pursuant to Article 39a;(ha)conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 38a
and of a certification body pursuant to Article 39a;(hb)

authorise contractual clauses referred to in Article 42(2a)(a);(i)

approve binding corporate rules pursuant to Article 43;(j)contribute to the activities of the European Data Protection Board;(k)fulfil any other tasks related to the protection of personal data.

2.

(…)

3.

(…).

4.

Each supervisory authority shall facilitate the submission of complaints referred to in point(b) of paragraph 1, by measures such as providing a complaint submission form which canbe completed also electronically, without excluding other means of communication.

5.

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

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6.

Where requests are manifestly unfounded or excessive, in particular because of theirrepetitive character, the supervisory authority may refuse to act on the request. The
supervisory authority shall bear the burden of demonstrating the manifestly unfounded orexcessive character of the request.
Article 53
Powers1.

Each Member State shall provide by law that its supervisory authority shall have at least thefollowing investigative powers:(a)to order the controller and the processor, and, where applicable, the controller’s
representative to provide any information it requires for the performance of its tasks;(aa)

to carry out investigations in the form of data protection audits;(ab)

to carry out a review on certifications issued pursuant to Article 39(4);

(b)

(…)

(c)

(…)

(d)

to notify the controller or the processor of an alleged infringement of this Regulation;(da)to obtain, from the controller and the processor, access to all personal data and to all
information necessary for the performance of its tasks;(db)

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

1a.

(…).

1b.

Each Member State shall provide by law that its supervisory authority shall have thefollowing corrective powers:(a)to issue warnings to a controller or processor that intended processing operations are likely
to infringe provisions of this Regulation;

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(b)

to issue reprimands to a controller or processor where processing operations have infringed
provisions of this Regulation;

(c)

(…);

(ca)

to order the controller or the processor to comply with the data subject's requests to exercise
his or her rights pursuant to this Regulation;(d)to order the controller or processor to bring processing operations into compliance with theprovisions of this Regulation, where appropriate, in a specified manner and within a
specified period; in particular by ordering the rectification, restriction or erasure of data
pursuant to Articles 16, 17 and 17a and the notification of such actions to recipients towhom the data have been disclosed pursuant to Articles 17(2a) and 17b;(e)

to impose a temporary or definitive limitation on processing (…);(f)

to order the suspension of data flows to a recipient in a third country or to an internationalorganisation;(g)

to impose an administrative fine pursuant to Articles 79 and 79a, in addition to, or instead of
measures referred to in this paragraph, depending on the circumstances of each individual
case.

1c.

Each Member State shall provide by law that its supervisory authority shall have thefollowing authorisation and advisory powers:(a)to advise the controller in accordance with the prior consultation procedure referred to in
Article 34,(aa)

to issue, on its own initiative or on request, opinions to the national parliament, the Member
State government or, in accordance with national law, to other institutions and bodies aswell as to the public on any issue related to the protection of personal data;(ab)

to authorise processing referred to in Article 34(7a), if the law of the Member State requires
such prior authorisation;(ac)

to issue an opinion and approve draft codes of conduct pursuant to Article 38(2);(ad)

to accredit certification bodies under the terms of Article 39a;(ae)

to issue certifications and approve criteria of certification in accordance with Article 39(2a);(b) to adopt standard data protection clauses referred to in point (c) of Article 42(2);(c) to authorise contractual clauses referred to in point (a) of Article 42 (2a);9565/15
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(ca)

to authorise administrative agreements referred to in point (d) of Article 42 (2a);(d)

to approve binding corporate rules pursuant to Article 43.

2.

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 ofFundamental Rights of the European Union.

3.

Each Member State shall provide by law that its supervisory authority shall have the power
to bring infringements of this Regulation to the attention of the judicial authorities and (…),
where appropriate, to commence or engage otherwise in legal proceedings, in order toenforce the provisions of this Regulation.

4.

(…)

5.

(…)
Article 54
Activity Report

Each supervisory authority shall draw up an annual report of its activities. The report shall betransmitted to the national Parliament, the government and other authorities as designated bynational law. It shall be made available to the public, the European Commission and the European
Data Protection Board.

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CHAPTER VII
CO-OPERATION AND CONSISTENCYSECTION 1
CO-OPERATION
Article 54a
Cooperation between the lead supervisory authority and other concerned supervisory authorities
1.

The lead supervisory authority (…) shall cooperate with the other concerned supervisory

authorities in accordance with this article in an endeavour to reach consensus (…). The leadsupervisory authority and the concerned supervisory authorities shall exchange all relevant
information with each other.
1a.

The lead supervisory authority may request at any time other concerned supervisory

authorities to provide mutual assistance pursuant to Article 55 and may conduct joint operations
pursuant to Article 56, in particular for carrying out investigations or for monitoring theimplementation of a measure concerning a controller or processor established in another Member
State.
2.

The lead supervisory authority shall, without delay communicate the relevant information on

the matter to the other concerned supervisory authorities. It shall without delay submit a draft
decision to the other concerned supervisory authorities for their opinion and take due account of
their views.
3.

Where any of the other concerned supervisory authorities within a period of four weeks after

having been consulted in accordance with paragraph 2, expresses a relevant and reasoned objection
to the draft decision, the lead supervisory authority shall, if it does not follow the objection or is of
the opinion it is not relevant and reasoned, submit the matter to the consistency mechanism referred
to in Article 57. (…)

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3a.

Where the lead supervisory authority intends to follow the objection made, it shall submit tothe other concerned supervisory authorities a revised draft decision for their opinion. This revised
draft decision shall be subject to the procedure referred to in paragraph 3 within a period of two
weeks.
4.

Where none of the other concerned supervisory authority has objected to the draft decisionsubmitted by the lead supervisory authority within the period referred to in paragraphs 3 and 3a, thelead supervisory authority and the concerned supervisory authorities shall be deemed to be inagreement with this draft decision and shall be bound by it.
4a.

The lead supervisory authority shall adopt and notify the decision to the main establishment

or single establishment of the controller or processor, as the case may be and inform the otherconcerned supervisory authorities and the European Data Protection Board of the decision inquestion including a summary of the relevant facts and grounds. The supervisory authority to which
a complaint has been lodged shall inform the complainant on the decision.
4b.

By derogation from paragraph 4a, where a complaint is dismissed or rejected, the supervisory

authority to which the complaint was lodged shall adopt the decision and notify it to thecomplainant and shall inform the controller thereof.
4bb. Where the lead supervisory authority and the concerned supervisory authorities are inagreement to dismiss or reject parts of a complaint and to act on other parts of that complaint, aseparate decision shall be adopted for each of those parts of the matter.The lead supervisory
authority shall adopt the decision for the part concerning actions in relation to the controller andnotify it to the main establishment or single establishment of the controller or processor on the
territory of its Member State and shall inform the complainant thereof, while the supervisory
authority of the complainant shall adopt the decision for the part concerning dismissal or rejectionof that complaint and notify it on that complainant and shall inform the controller or processor
thereof.

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4c.

After being notified of the decision of the lead supervisory authority pursuant to paragraph 4aand 4bb, the controller or processor shall take the necessary measures to ensure compliance with thedecision as regards the processing activities in the context of all its establishments in the Union. The
controller or processor shall notify the measures taken for complying with the decision to the leadsupervisory authority, which shall inform the other concerned supervisory authorities.
4d.

Where, in exceptional circumstances, a concerned supervisory authority has reasons to

consider that there is an urgent need to act in order to protect the interests of data subjects, theurgency procedure referred to in Article 61 shall apply.
5.

The lead supervisory authority and the other concerned supervisory authorities shall supply

the information required under this Article (…) to each other by electronic means, using astandardised format.
Article 54b
Cooperation between the lead supervisory authority and the other supervisory authorities
concerned in individual cases of possible non-compliance with the Regulation(…)

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Article 55
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, and shall put inplace measures for effective co-operation with one another. Mutual assistance shall cover, inparticular, information requests and supervisory measures, such as requests to carry out priorauthorisations and consultations, inspections and investigations. (...)
2.

Each supervisory authority shall take all appropriate measures required to reply to the requestof another supervisory authority without undue delay and no later than one month after having
received the request. Such measures may include, in particular, the transmission of relevant
information on the conduct of an investigation (…).
3.

The request for assistance shall contain all the necessary information, including the purpose of

the request and reasons for the request. Information exchanged shall be used only for the purpose
for which it was requested.
4.

A supervisory authority to which a request for assistance is addressed may not refuse tocomply with it unless:(a)

it is not competent for the subject-matter of the request or for the measures it is requested to

execute; or(b)compliance with the request would be incompatible with the provisions of this Regulation orwith Union or Member State law to which the supervisory authority receiving the request is subject.
5.

The requested supervisory authority shall inform the requesting supervisory authority of theresults or, as the case may be, of the progress or the measures taken in order to respond to therequest. In cases of a refusal under paragraph 4, it shall explain its reasons for refusing the request.

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6.

Supervisory authorities shall, as a rule, supply the information requested by other supervisory

authorities by electronic means, using a standardised format.
7.

No fee shall be charged for any action taken following a request for mutual assistance.

Supervisory authorities may agree with other supervisory authorities rules for indemnification byother supervisory authorities 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 State inaccordance with Article 51(1) and shall submit the matter to the European Data Protection Board(…) in accordance with the consistency mechanism referred to in Article 57.
9.

The supervisory authority shall specify the period of validity of such a provisional measure

which shall not exceed three months. The supervisory authority shall, without delay, communicate
such a measure, together with its reasons for adopting it, to the European Data Protection Board(…) in accordance with the consistency mechanism referred to in Article 57.
10.

The Commission may specify the format and procedures for mutual assistance referred to inthis article and the arrangements for the exchange of information by electronic means between
supervisory authorities, and between supervisory authorities and the European Data Protection
Board, in particular the standardised format referred to in paragraph 6. Those implementing acts
shall be adopted in accordance with the examination procedure referred to in Article 87(2).

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Article 56
Joint operations of supervisory authorities
1.

The supervisory authorities may, where appropriate, conduct joint operations, including joint

investigations and joint enforcement measures in which members or staff from other Member
States' supervisory authorities are involved.
2.

In cases where the controller or processor has establishments in several Member States orwhere a significant number of data subjects in more than one Member State are likely to be
substantially affected by processing operations, a supervisory authority of each of those Member
States shall have the right to participate in the joint operations, as appropriate. The competentsupervisory authority shall invite the supervisory authority of each of those Member States to takepart in the joint operations concerned and respond without delay to the request of a supervisory
authority to participate.
3.

A supervisory authority may, in compliance with its own 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 their investigative powers in accordance withthe 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 hostsupervisory authority. The seconding supervisory authority's members or staff shall be subject tothe host supervisory authority's national law. (…)

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3a.

Where, in accordance with paragraph 1, staff of a seconding supervisory authority areoperating in another Member State, the Member State of the host supervisory authority shall be
liable for any damage caused by them during their operations, in accordance with the law of theMember State in whose territory they are operating.
3b.

The Member State in whose territory the damage was caused shall make good such damage

under the conditions applicable to damage caused by its own staff. The Member State of theseconding supervisory authority whose staff has caused damage to any person in the territory of
another Member State shall reimburse the latter in full any sums it has paid to the persons entitledon their behalf.
3c.

Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception ofparagraph 3b, each Member State shall refrain, in the case provided for in paragraph 1, fromrequesting reimbursement of damages it has sustained from another Member State.
4.

(…)

5.

Where a joint operation is intended and a supervisory authority does not comply within one

month with the obligation laid down in the second sentence of paragraph 2, the other supervisory
authorities may adopt a provisional measure on the territory of its Member State in accordance with
Article 51(1).
6.

The supervisory authority shall specify the period of validity of a provisional measure referred

to in paragraph 5, which shall not exceed three months. The supervisory authority shall, without
delay, communicate such a measure, together with its reasons for adopting it, to the European Data
Protection Board (…) in accordance with the consistency mechanism referred to in Article 57.

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SECTION 2CONSISTENCY
Article 57
Consistency mechanism
1.

For the purpose set out in Article 46(1a), the supervisory authorities shall co-operate witheach other through the consistency mechanism as set out in this section.
2.

The European Data Protection Board shall issue an opinion whenever a competentsupervisory authority intends to adopt any of the measures below (…). To that end, the competentsupervisory authority shall communicate the draft decision to the European Data Protection Board,when it:
(a)

(…);

(b)

(…);

(c)

aims at adopting a list of the processing operations subject to the requirement for a dataprotection impact assessment pursuant to Article 33(2a); or(ca) concerns a matter pursuant to Article 38(2b) whether a draft code of conduct or anamendment or extension to a code of conduct is in compliance with this Regulation; or(cb) aims at approving the criteria for accreditation of a body pursuant to paragraph 3 of Article
38a or a certification body pursuant to (…) paragraph 3 of Article 39a;

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(d)

aims at determining standard data protection clauses referred to in point (c) of Article 42(2);or(e)

aims to authorising contractual clauses referred to in point (d) of Article 42(2); or(f)aims at approving binding corporate rules within the meaning of Article 43.

3.

The European Data Protection Board shall adopt a binding decision in the following cases:a) Where, in a case referred to in paragraph 3 of Article 54a, a concerned supervisory
authority has expressed a relevant and reasoned objection to a draft decision of the leadauthority or the lead authority has rejected an objection as being not relevant and/or
reasoned. The binding decision shall concern all the matters which are the subject of therelevant and reasoned objection, in particular whether there is an infringement of theRegulation;b) Where, there are conflicting views on which of the concerned supervisory authorities iscompetent for the main establishment;c) (…)d) Where a competent supervisory authority does not request the opinion of the European
Data Protection Board in the cases mentioned in paragraph 2 of this Article, or does notfollow the opinion of the European Data Protection Board issued under Article 58. Inthat case, any concerned supervisory authority or the Commission may communicate thematter to the European Data Protection Board.

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4.

Any supervisory authority, the Chair of the European Data Protection Board or theCommission may request that any matter of general application or producing effects in more than
one Member State be examined by the European Data Protection Board with a view to obtaining an
opinion, in particular where a competent supervisory authority does not comply with the obligations
for mutual assistance in accordance with Article 55 or for joint operations in accordance with
Article 56.
5.

Supervisory authorities and the Commission shall electronically communicate to theEuropean Data Protection Board, using a standardised format any relevant information, including as
the case may be a summary of the facts, the draft decision, the grounds which make the enactmentof such measure necessary, and the views of other concerned supervisory authorities.
6.

The chair of the European Data Protection Board shall without undue delay electronicallyinform the members of the European Data Protection Board and the Commission of any relevant
information which has been communicated to it using a standardised format. The secretariat of theEuropean Data Protection Board shall, where necessary, provide translations of relevant
information.
Article 58
Opinion by the European Data Protection Board
1.

(…)

2.

(…)

3.

(…)

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4.

(…)

5.

(…)

6.

(…)

7.

In the cases referred to in paragraphs 2 and 4 of Article 57, the European Data Protection

Board shall issue an opinion on the subject- matter submitted to it provided it has not already issued
an opinion on the same matter. This opinion shall be adopted within one month by simple majorityof the members of the European Data Protection Board. This period may be extended by a further
month, taking into account the complexity of the subject matter. Regarding the draft decision
circulated to the members of the Board in accordance with paragraph 6 of Article 57, a member
which has not objected within the period indicated by the Chair, shall be deemed to be in agreementwith the draft decision.
7a.

Within the period referred to in paragraph 7 the competent supervisory authority shall not

adopt its draft decision in accordance with paragraph 2 of Article 57.
7b.

The chair of the European Data Protection Board shall inform, without undue delay, thesupervisory authority referred to, as the case may be, in paragraphs 2 and 4 of Article 57 and theCommission of the opinion and make it public.
8.

The supervisory authority referred to in paragraph 2 of Article 57 shall take utmost account of

the opinion of the European Data Protection Board and shall within two weeks after receiving theopinion, electronically communicate to the chair of the European Data Protection Board whether it
maintains or will amend its draft decision and, if any, the amended draft decision, using astandardised format.

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9.

Where the concerned supervisory authority informs the chair of the European Data Protection

Board within the period referred to in paragraph 8 that it does not intend to follow the opinion of theBoard, in whole or in part, providing the relevant grounds, paragraph 3 of Article 57 shall apply.
10.

(…)

11.

(…)
Article 58a
Decisions by the European Data Protection Board

1.

In the cases referred to in paragraph 3 of Article 57, the European Data Protection Board shalladopt a decision on the subject-matter submitted to it in order to ensure the correct andconsistent application of this Regulation in individual cases. The decision shall be reasoned
and addressed to the lead supervisory authority and all the concerned supervisory authorities
and binding on them.

2.

The decision referred to in paragraph 1 shall be adopted within one month from the referral of
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.

3.

In case 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. Incase the members of the Board are split, the decision shall by adopted by the vote of its Chair.

4.

The concerned supervisory authorities 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.

(…)

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6.

The Chair of the European Data Protection Board shall notify, without undue delay, thedecision referred to in paragraph 1 to the concerned supervisory authorities. It shall inform theCommission thereof. The decision shall be published on the website of the European Data
Protection Board without delay after the supervisory authority has notified the final decisionreferred to in paragraph 7.

7.

The lead supervisory authority or, as the case may be, the supervisory authority to which thecomplaint has been lodged shall adopt their final decision on the basis of the decision referred
to in paragraph 1, without undue delay and at the latest by one month after the European Data
Protection Board has notified its decision. The lead supervisory authority or, as the case may
be, the supervisory authority to which the complaint has been lodged, shall inform theEuropean Data Protection Board of the date when its final decision is notified respectively tothe controller or the processor and the data subject. The final decision of the concerned
supervisory authorities shall be adopted under the terms of Article 54a, paragraph 4a, 4b and4bb. The final decision shall refer to the decision referred to in paragraph 1 and shall specify
that the decision referred to in paragraph 1 will be published on the website of the European
Data Protection Board in accordance with paragraph 6. The final decision shall attach thedecision referred to in paragraph 1.
Article 59
Opinion by the Commission(…)
Article 60
Suspension of a draft measure(…)

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Article 61
Urgency procedure1.

In exceptional circumstances, where a concerned supervisory authority considers that there isan urgent need to act in order to protect rights and freedoms of data subjects, it may, by way of
derogation from the consistency mechanism referred to in Article 57 or the procedure referred to in
Article 54a, immediately adopt provisional measures intended to produce legal effects within the
territory of its own Member State, with a specified period of validity. The supervisory authority
shall, without delay, communicate those measures and the reasons for adopting them, to the otherconcerned supervisory authorities, the European Data Protection Board and to the Commission.
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 European Data Protection Board, giving reasons for requesting such opinion ordecision.
3.

Any supervisory authority may request an urgent opinion or an urgent binding decision, as thecase may be, from the European Data Protection 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 toprotect 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 paragraph 7 of Article 58 and paragraph 2 of Article 58a, 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 European Data Protection
Board.

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Article 62
Implementing acts
1.

The Commission may adopt implementing acts of general scope for:

(a)

(…);

(b)

(…);

(c)

(…);

(d)

specifying the arrangements for the exchange of information by electronic means between

supervisory authorities, and between supervisory authorities and the European Data Protection
Board, in particular the standardised format referred to in Article 57(5) and (6) and in Article 58(8).
Those implementing acts shall be adopted in accordance with the examination procedure referred toin Article 87(2).
2.

(…)

3.

(…)
Article 63
Enforcement(…)

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Section 3
European Data Protection Board
Article 64
European Data Protection Board
1a.

The European Data Protection Board is hereby established as body of the Union and shallhave legal personality.
1b.

The European Data Protection Board shall be represented by its Chair.

2.

The European Data Protection Board shall be composed of the head of one supervisory

authority of each Member State or his/her representative and of the European Data Protection
Supervisor.
3.

Where in a Member State more than one supervisory authority is responsible for monitoring

the application of the provisions pursuant to this Regulation, (…) a joint representative shall be
appointed in accordance with the national law of that Member State.
4.

The Commission and the European Data Protection Supervisor or his/her representative shallhave the right to participate in the activities and meetings of the European Data Protection Board
without voting right. The Commission shall designate a representative. The chair of the European
Data Protection Board shall, communicate to the Commission (…) the activities of the European
Data Protection Board.

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Article 65
Independence
1.

The European Data Protection Board shall act independently when performing its tasks or

exercising its powers pursuant to Articles 66 (…) and 67.
2.

Without prejudice to requests by the Commission referred to in point (b) of paragraph 1 andin paragraph 2 of Article 66, the European Data Protection Board shall, in the performance of its
tasks or the exercise of its powers, neither seek nor take instructions from anybody.

Article 66
Tasks of the European Data Protection Board
1.

The European Data Protection Board shall promote the consistent application of thisRegulation. To this effect, the European Data Protection Board shall, on its own initiative or at therequest of the Commission, in particular:(aa) monitor and ensure the correct application of this Regulation in the cases provided for in
Article 57(3) without prejudice to the tasks of national supervisory authorities;(a)advise the Commission on any issue related to the protection of personal data in the Union,

including on any proposed amendment of this Regulation;

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(b)

examine, on its own initiative or 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;(ba) draw up guidelines for supervisory authorities concerning the application of measures referred
to in paragraph 1, 1b and 1c of Article 53 and the fixing of administrative fines pursuant to Articles
79 and 79a;(c)

review the practical application of the guidelines, recommendations and best practices

referred to in points (b) and (ba);(ca) encourage the drawing-up of codes of conduct and the establishment of data protection
certification mechanisms and data protection seals and marks pursuant to Articles 38 and 39;(cb) carry out the accreditation of certification bodies and its periodic review pursuant to Article
39a and maintain a public register of accredited bodies pursuant to paragraph 6 of Article 39a andof the accredited controllers or processors established in third countries pursuant to paragraph 4 of
Article 39;(cd) specify the requirements mentioned in paragraph 3 of Article 39a with a view to theaccreditation of certification bodies under Article 39;(ce) give the Commission an opinion on the level of protection of personal data in third countries
or international organisations, in particular in the cases referred to in Article 41;(d)issue opinions on draft decisions of supervisory authorities pursuant to the consistency

mechanism referred to in paragraph 2 and on matters submitted pursuant to paragraph 4 of
Article 57;

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(e)

promote the co-operation and the effective bilateral and multilateral exchange of informationand practices between the supervisory authorities;(f)promote common training programmes and facilitate personnel exchanges between the

supervisory authorities, as well as, where appropriate, with the supervisory authorities of third
countries or of international organisations;(g)promote the exchange of knowledge and documentation on data protection legislation andpractice with data protection supervisory authorities worldwide;
(h)

(…);

(i)

maintain a publicly accessible electronic register of decisions taken by supervisory authorities

and courts on issues dealt with in the consistency mechanism.
2.

Where the Commission requests advice from the European Data Protection Board, it may

indicate a time limit, taking into account the urgency of the matter.
3.

The European Data Protection Board shall forward its opinions, guidelines, recommendations,and best practices to the Commission and to the committee referred to in Article 87 and make thempublic.

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Article 67
Reports
1.

(…)

2.

The European Data Protection Board shall draw up an annual report regarding the protectionof natural persons with regard to the processing of personal data in the Union and, where relevant,in third countries and international organisations. The report shall be made public and betransmitted to the European Parliament, the Council and the Commission.
3.

The annual report shall include a review of the practical application of the guidelines,

recommendations and best practices referred to in point (c) of Article 66(1) as well as of the binding
decisions referred to in paragraph 3 of Article 57.
Article 68
Procedure
1.

The European Data Protection Board shall adopt binding decisions referred to in paragraph 3

of Article 57 in accordance with majority requirements set out in paragraphs 2 and 3 of Article 58a.
As regards decisions related to the other tasks listed in Article 66 hereof, they shall be taken by asimple majority of its members.
2.

The European Data Protection Board shall adopt its own rules of procedure by a two-third

majority of its members and organise its own operational arrangements.

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Article 69
Chair
1.

The European Data Protection 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.
Article 70
Tasks of the chair
1.

The chair shall have the following tasks:(a)to convene the meetings of the European Data Protection Board and prepare its agenda;(aa) to notify decisions adopted by the European Data Protection Board pursuant to Article 58a tothe lead supervisory authority and the concerned supervisory authorities;(b)to ensure the timely performance of the tasks of the European Data Protection Board, inparticular in relation to the consistency mechanism referred to in Article 57.
2.

The European Data Protection Board shall lay down the attribution of tasks between the chair

and the deputy chairpersons in its rules of procedure.

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Article 71
Secretariat
1.

The European Data Protection Board shall have a secretariat, which shall be provided by thesecretariat of the European Data Protection Supervisor (…).
1a.

The secretariat shall perform its tasks exclusively under the instructions of the Chair of theEuropean Data Protection Board.
1b.

The staff of the secretariat of the European Data Protection Supervisor involved in carryingout the tasks conferred on the European Data Protection Board by this Regulation shall beorganizationally separated from, and subject to separate reporting lines from the staff involved incarrying out tasks conferred on the European Data Protection Supervisor.
1c.

Where needed, the European Data Protection Board in consultation with the European Data

Protection Supervisor shall establish and publish a Code of Conduct implementing this Article andapplicable to the staff of the secretariat of the European Data Protection Supervisor involved incarrying out the tasks conferred on the European Data Protection Board by this Regulation.
2.

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

Data Protection Board.
3.

The secretariat shall be responsible in particular for:(a)the day-to-day business of the European Data Protection Board;(b)the communication between the members of the European Data Protection Board, its chair,and the Commission and for communication with other institutions and the public;

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(c)

the use of electronic means for the internal and external communication;(d)the translation of relevant information;(e)the preparation and follow-up of the meetings of the European Data Protection Board;(f)the preparation, drafting and publication of opinions, decisions on the settlement of disputes

between supervisory authorities and other texts adopted by the European Data Protection Board.

Article 72
Confidentiality
1.

The discussions of the European Data Protection Board shall be confidential.

2.

Access to documents submitted to members of the European Data Protection Board, experts

and representatives of third parties shall be governed by Regulation (EC) No 1049/2001.

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CHAPTER VIII
REMEDIES, LIABILITY AND SANCTIONSArticle 73
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 single supervisory authority, in particular in the Member
State of his or her habitual residence, place of work or place of the alleged infringement, if the data
subject considers that the processing of personal data relating to him or her does not comply withthis Regulation.
2.

(…)

3.

(…)

4.

(…)

5.

The supervisory authority to which the complaint has been lodged shall inform thecomplainant on the progress and the outcome of the complaint including the possibility of a judicial
remedy pursuant to Article 74 (…).
Article 74
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 asupervisory authority concerning them..

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2.

Without prejudice to any other administrative or non-judicial remedy, each data subject shallhave the right to an effective judicial remedy where the supervisory authority competent inaccordance with Article 51 and Article 51a does not deal with a complaint or does not inform thedata subject within three months or any shorter period provided under Union or Member State law
on the progress or outcome of the complaint lodged under Article 73.
3.

(...) Proceedings against a (…) supervisory authority shall be brought before the courts of theMember State where the supervisory authority is established.
3a.

Where proceedings are brought against a decision of a supervisory authority which waspreceded by an opinion or a decision of the European Data Protection Board in the consistency
mechanism, the supervisory authority shall forward that opinion or decision to the court.
4.

(…)

5.

(…)

Article 75
Right to an effective judicial remedy against a controller or processor
1.

Without prejudice to any available administrative or non-judicial remedy, including the rightto lodge a complaint with a supervisory authority under Article 73, data subjects shall have the rightto an effective judicial remedy if they consider that their rights under this Regulation have been
infringed as a result of the processing of their 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 acting in the exercise
of its public powers.
3.

(…)

4.

(…)

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Article 76
Representation of data subjects
1.

The data subject shall have the right to mandate a body, organisation or association, which
has been properly constituted according to the law of a Member State and whose statutory
objectives include the protection of data subjects’ rights and freedoms with regard to theprotection of their personal data, to lodge the complaint on his or her behalf and to exercise
the rights referred to in Articles 73, 74 and 75 on his or her behalf.

1a.

(...)

2.

Member States may provide that any body, organisation or association referred to inparagraph 1, independently of a data subject's mandate (…), shall have in such Member State theright to lodge a complaint with the supervisory authority competent in accordance with Article 73
and to exercise the rights referred to in Articles 73, 74 and 75 if it considers that the rights of adata subject have been infringed as a result of the processing of personal data that is not incompliance with this Regulation.

3.

(…)

4.

(…)
Article 76a
Suspension of proceedings

1.

Where a competent court of a Member State has information on proceedings concerning thesame subject matter as regards processing (...) of the same controller or processor are pending in acourt in another Member State, it shall contact that court in the other Member State to confirm theexistence 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 competent court otherthan the court first seized may suspend its proceedings.

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2a.

Where these proceedings are pending at first instance, any court other than the court first

seized may also, on the application of one of the parties, decline jurisdiction if the court first seized
has jurisdiction over the actions in question and its law permits the consolidation thereof.
3.

(…).

Article 77
Right to compensation and liability
1.

Any person who has suffered material or immaterial damage as a result of a processing which
is not in compliance with this Regulation shall have the right to receive compensation fromthe controller or the processor for the damage suffered.

2.

Any controller (…) involved in the processing shall be liable for the damage caused by theprocessing which is not in compliance with this Regulation. A processor shall be liable for(…) the damage caused by the processing only where it has not complied with obligations of
this Regulation specifically directed to processors or acted outside or contrary to lawful
instructions of the controller.

3.

A controller or the processor shall be exempted from liability in accordance with paragraph 2,(…) if (…) it proves that it is not in any way responsible (…) , for the event giving rise to thedamage.

4.

Where more than one controller or processor or a controller and a processor are involved in
the same processing and, where they are, in accordance with paragraphs 2 and 3, responsible
for any damage caused by the processing, (…) each controller or processor shall be held (…)
liable for the entire damage.

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5.

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

6.

Court proceedings for exercising the right to receive compensation shall be brought before
the courts competent under national law of the Member State referred to in paragraph 2 ofArticle 75.

Article 78
Penalties(…)

Article 79
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 Article 79a(…) shall in each individual case be effective, proportionate and dissuasive.

2.

(…)

2a.

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 (f) of paragraph 1bof Article 53. When deciding whether to impose an administrative fine (...) and deciding on
the amount of the administrative fine in each individual case due regard shall be given (...) to
the following:

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(a)

the nature, gravity and duration of the infringement having regard to the nature scope or
purpose of the processing concerned as well as the number of data subjects affected and thelevel of damage suffered by them;(b)

the intentional or negligent character of the infringement,(c)(...);(d)action taken by the controller or processor to mitigate the damage suffered by data subjects;(e)the degree of responsibility of the controller or processor having regard to technical andorganisational measures implemented by them pursuant to Articles 23 and 30;(f)

any relevant previous infringements by the controller or processor;

(g)

(…);

(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 (…) and points (a), (d), (e) and (f) of paragraph 1b of
Article 53, have previously been ordered against the controller or processor concerned withregard to the same subject-matter, compliance with these measures;(j)adherence to approved codes of conduct pursuant to Article 38 or approved certification
mechanisms pursuant to Article 39;

(k)

(…);

(l)

(…);
(m) any other aggravating or mitigating factor applicable to the circumstances of the case.

3.

(…)

3a.

(…)

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3b.

Each Member State may lay down the rules on whether and to what extent administrativefines may be imposed on public authorities and bodies established in that Member State.

4.

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

5.

Member States may abstain from providing rules for administrative fines as referred to inparagraphs 1, 2 and 3 of Article 79a where their legal system does not provide foradministrative fines and the infringements referred to therein are already subject to criminal
sanctions in their national law by [date referred to in Article 91(2)], while ensuring that thesecriminal sanctions are effective, proportionate and dissuasive, taking into account the level ofadministrative fines provided for in this Regulation.
Where they so decide, Member States shall notify, to the Commission, the relevant parts of
their criminal law.

Article 79a
Administrative fines
1.

The supervisory authority (…) may impose a fine that shall not exceed 250 000 EUR, or incase of an undertaking 0,5 % of its total worldwide annual turnover of the preceding financial year,
on a controller who, intentionally or negligently:(a)does not respond within the period referred to in Article 12(2) to requests of the data
subject;(b)2.

charges a fee in violation of the first sentence of paragraph 4 of Article 12.

The supervisory authority (…) may impose a fine that shall not exceed 500 000 EUR, or incase of an undertaking 1% of its total worldwide annual (…) turnover of the preceding financial
year, on a controller or processor who, intentionally or negligently:

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(a)

does not provide the information, or (…) provides incomplete information, or does notprovide the information [timely or] in a [sufficiently] transparent manner, to the data subject
pursuant to Articles 12(3),14 and 14a;(b)

does not provide access for the data subject or does not rectify personal data pursuant to

Articles 15 and 16 (…);
(c)

does not erase personal data in violation of the right to erasure and 'to be forgotten' pursuant

to Article 17(1)(a), 17(1)(b), 17(1)(d) or 17(1)(e);
(d)

(…)

(da) processes personal data in violation of the right to restriction of processing pursuant to Article
17a or does not inform the data subject before the restriction of processing is lifted pursuant to
Article 17a(4);(db) does not communicate any rectification, erasure or restriction of processing to each recipient
to whom the controller has disclosed personal data, in violation of Article 17b;(dc) does not provide the data subject’s personal data concerning him or her (…) in violation of
Article 18;(dd) processes personal data after the objection of the data subject pursuant to Article 19(1) anddoes not demonstrate compelling legitimate grounds for the processing which override the interests,
rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims;(de) does not provide the data subject with information concerning the right to object processing
for direct marketing purposes pursuant to Article 19(2) or continues to process data for direct
marketing purposes after the objection of the data subject in violation of Article 19(2a);(e)

does not or not sufficiently determine the respective responsibilities with joint controllers

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(f)

does not or not sufficiently maintain the documentation pursuant to Article 28 and Article

31(4).
(g)

(…)

3.

The supervisory authority (…) may impose a fine that shall not exceed 1 000 000 EUR or, incase of an undertaking, 2 % of its total worldwide annual turnover of the preceding financial
year, on a controller or processor who, intentionally or negligently:(a)processes personal data without a (…) legal basis for the processing or does not comply withthe conditions for consent pursuant to Articles 6, 7, 8 and 9;
(b)

(…);

(c)

(…);

(d)

does not comply with the conditions in relation to (…)automated individual decision making,including profiling pursuant to Article 20;(da) does not (…) implement appropriate measures or is not able to demonstrate compliancepursuant to Articles 22 (…) and 30;(db) does not designate a representative in violation of Article 25;(dc) processes or instructs the processing of personal data in violation of (…) Articles 26;(dd) does not alert on or notify a personal data breach or does not [timely or] completely notify thedata breach to the supervisory authority or to the data subject in violation of Articles 31 and 32;(de) does not carry out a data protection impact assessment in violation of Article 33 or processes
personal data without prior consultation of the supervisory authority in violation of Article 34(2);
(e)

(…);

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(f)

misuses a data protection seal or mark in the meaning of Article 39 or does not comply withthe conditions and procedures laid down in Articles 38a and 39a;(g)

carries out or instructs a data transfer to a recipient in a third country or an internationalorganisation in violation of Articles 41 to 44;(h)does not comply with an order or a temporary or definite limitation on processing or thesuspension of data flows by the supervisory authority pursuant to Article 53 (1b) or does notprovide access in violation of Article 53(1).
(i)

(…)

(j)

(…).

3a.

If a controller or processor intentionally or negligently violates several provisions of thisRegulation listed in paragraphs 1, 2 or 3, the total amount of the fine may not exceed theamount specified for the gravest violation.

4.

(…)
Article 79b
Penalties

1.

For infringements (…)of this Regulation in particular for infringements which are not subject

to administrative fines pursuant to (…) Article 79a Member States shall lay down the rules on
penalties applicable to such infringements and shall take all measures necessary to ensure that they
are implemented (…). Such penalties shall be effective, proportionate and dissuasive.
2.

(…).

3.

Each Member State shall notify to the Commission those provisions of its law which it adopts

pursuant to paragraph 1, by the date specified in Article 91(2) at the latest and, without delay, any
subsequent amendment affecting them.

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CHAPTER IXPROVISIONS RELATING TO SPECIFIC DATA PROCESSINGSITUATIONSArticle 80
Processing of personal data and freedom of expression and information
1.

The national law of the Member State shall (…) reconcile the right to the protection of
personal data pursuant to this Regulation with the right to freedom of expression andinformation, including the processing of personal data for journalistic purposes and the
purposes of academic, artistic or literary expression.

2.

For the processing of personal data carried out for journalistic purposes or the purpose ofacademic artistic or literary expression, Member States shall provide for exemptions orderogations from the provisions in Chapter II (principles), Chapter III (rights of the data
subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third
countries or international organizations), Chapter VI (independent supervisory authorities),
Chapter VII (co-operation and consistency) if they are necessary to reconcile the right to theprotection of personal data with the freedom of expression and information (…).
Article 80a
Processing of personal data 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 law 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.

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Article 80aa
Processing of personal data and reuse of public sector information
Personal data in public sector information held by a public authority or a public body or a private
body for the performance of a task carried out in the public interest may be disclosed by theauthority or body in accordance with Union law or Member State law to which the public authority
or body is subject in order to reconcile the reuse of such official documents and public sector
information with the right to the protection of personal data pursuant to this Regulation.

Article 80b
Processing of national identification number
Member States may determine the specific conditions for the processing of a national identification
number or any other identifier of general application. In this case the national identification number
or any other identifier of general application shall be used only under appropriate safeguards for therights and freedoms of the data subject pursuant to this Regulation.

Article 81
Processing of personal data for health -related purposes(…)

Article 81a
Processing of genetic data(…)

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Article 82
Processing in the employment context
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, theperformance of the contract of employment, including discharge of obligations laid down by
law or by collective agreements, management, planning and organisation of work, equalityand diversity in the workplace, health and safety at work, protection of employer’s orcustomer’s property and for the purposes of the exercise and enjoyment, on an individual orcollective basis, of rights and benefits related to employment, and for the purpose of thetermination of the employment relationship. (…)

2.

Each Member State shall notify to the Commission those provisions of its law which it adopts
pursuant to paragraph 1, by the date specified in Article 91(2) at the latest and, without delay,
any subsequent amendment affecting them.

3.

Member States may by law determine the conditions under which personal data in theemployment context may be processed on the basis of the consent of the employee.

Article 82a
Processing for purposes of social protection(…)

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Article 83
Derogations applying to processing of personal data for archiving purposes in the public interest
or for scientific, statistical and historical purposes
1.

Where personal data are processed for scientific, statistical or historical purposes Union orMember State law may, subject to appropriate safeguards for the rights and freedoms of thedata subject, provide for derogations from Articles 14a(1) and (2), 15, 16, 17, 17a, 17b, 18
and 19, insofar as such derogation is necessary for the fulfilment of the specific purposes.

1a.

Where personal data are processed for archiving purposes in the public interest, Union orMember State law may, subject to appropriate safeguards for the rights and freedoms of thedata subject, provide for derogations from Articles 14a(1) and (2), 15, 16, 17, 17a, 17b, 18,
19, 23, 32, 33 and 53 (1b)(d) and (e), insofar as such derogation is necessary for the fulfilmentof these purposes.

1b.

In case a type of processing referred to in paragraphs 1 and 1a serves at the same time anotherpurpose, the derogations allowed for apply only to the processing for the purposes referred toin those paragraphs.

2.

The appropriate safeguards referred to in paragraphs 1 and 1a shall be laid down in Union orMember State law and be such to ensure that technological and/or organisational protection
measures pursuant to this Regulation are applied to the personal data (…), to minimise theprocessing of personal data in pursuance of the proportionality and necessity principles, suchas pseudonymising the data, unless those measures prevent achieving the purpose of theprocessing and such purpose cannot be otherwise fulfilled within reasonable means.

3.

(…).

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Article 84
Obligations of secrecy
1.

(…) Member States may adopt specific rules to set out the (…) powers by the supervisory
authorities laid down in points (da) and (db) of Article 53(1) in relation to controllers orprocessors that are subjects under Union or Member State law or rules established by national
competent bodies to an obligation of professional secrecy, other equivalent obligations ofsecrecy or to a code of professional ethics supervised and enforced by professional bodies,
where this is necessary and proportionate to reconcile the right of the protection of personal
data with the obligation of secrecy. These rules shall only apply with regard to personal data
which the controller or processor has received from or has obtained in an activity covered bythis obligation of secrecy.

2.

Each Member State shall notify to the Commission the rules adopted pursuant to paragraph 1,by the date specified in Article 91(2) at the latest and, without delay, any subsequent
amendment affecting them.

Article 85
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 protection ofindividuals with regard to the processing of personal data, such rules may continue to apply,
provided that they are brought in line with the provisions of this Regulation.

2.

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

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CHAPTER X
DELEGATED ACTS AND IMPLEMENTING ACTS
(1)

Article 86

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 39a(7) (…) shall be conferred on theCommission for an indeterminate period of time from the date of entry into force of thisRegulation.

3.

The delegation of power referred to in (…)Article 39a(7) (…) may be revoked at any timeby 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 the
publication of the decision in the Official Journal of the European Union or at a later datespecified 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 39a(7) (…) shall enter into force only if
no objection has been expressed either by the European Parliament or the Council within aperiod of two months of notification of that act to the European Parliament and the Council
or if, before the expiry of that period, the European Parliament and the Council have bothinformed the Commission that they will not object. That period shall be extended by twomonths at the initiative of the European Parliament or the Council.

Article 87
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 88
Repeal of Directive 95/46/EC
1.

Directive 95/46/EC is repealed.

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 89
Relationship to and amendment of Directive 2002/58/EC
1.

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

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Article 89a
Relationship to 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 entry into force of thisRegulation, and which are in compliance with Directive 95/46/EC, shall remain in force until
amended, replaced or revoked.
Article 90
Evaluation
1.

The Commission shall submit reports on the evaluation and review of this Regulation to
the European Parliament and the Council at regular intervals..

2.

In the context of these evaluations the Commission shall examine, in particular, theapplication and functioning of the provisions of Chapter VII on Co-operation andConsistency.

3.

The first report shall be submitted no later than four years after the entry into force of thisRegulation. Subsequent reports shall be submitted every four years thereafter. The reports
shall be made public.

4.

The Commission shall, if necessary, submit appropriate proposals with a view to amending
this Regulation, and aligning other legal instruments, in particular taking account ofdevelopments in information technology and in the light of the state of progress in theinformation society.

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Article 91
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 referred to in paragraph 1].

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

For the European Parliament

For the Council

The President

The President

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