### in order to ensure the consistent application of this regulation throughout the union , a consistency mechanism for co - operation between the supervisory authorities themselves and the commission should be established . this mechanism should in particular apply where a supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several member states , , or to the monitoring such data subjects , or that might substantially affect the free flow of personal data . it should also apply where any supervisory authority or the commission requests that the 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 . ### in order to ensure the consistent application of this regulation throughout the union , a consistency mechanism for co - operation between the supervisory authorities themselves and the commission should be established . this mechanism should in particular apply where the competent supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several member states , or to the monitoring such data subjects , or that might substantially affect the free flow of personal data . it should also apply where any supervisory authority or the commission requests that the 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 .


### 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 the size of the enterprise , involve processing operations which require regular and systematic monitoring , a person should assist the controller or processor to monitor internal compliance with this regulation . such data protection officers , whether or not an employee of the controller , should be in a position to perform their duties and tasks independently . ### where the processing is carried out in the public sector or where , in the private sector , processing is carried out by an enterprise , or where its core activities , regardless of the size of the enterprise , involve processing operations which require regular and systematic monitoring , a person should assist the controller or processor to monitor internal compliance with this regulation . such data protection officers , whether or not an employee of the controller , should be in a position to perform their duties and tasks independently . processing should be carried out by a legal person and relate to more than 250 data subjects per year .


### for exercising the right of freedom of expression in accordance with article 80 ; ### in the contexts referred to under article 5a , , and , in accordance with articles 80 , 81 and 83 of this regulation and article 10 of the european convention on human rights ;


### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument . ### where the commission has taken no decision pursuant to article 41 , or decides that a third country , or a territory or a processing sector within that third country , or an international organisation does not ensure an adequate level of protection in accordance with article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument .


### having regard to the state of the art and the cost of implementation , the controller shall , both at the time of the determination of the means for processing and at the time of the processing itself , implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject . ### having regard to the contexts of and the risks represented by the data processing as laid down under articles 5a and 5b , as well as having regard to the state of the art and the cost of implementation , the controller shall , both at the time of the determination of the means for processing and at the time of the processing itself , implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject . data protection by design shall have particular regard to the entire lifecycle management of personal data from collection to processing to deletion , systematically focusing on comprehensive procedural safeguards regarding the accuracy , confidentiality , integrity , physical security and deletion of personal data .


### associations and other bodies representing categories of controllers in several member states may submit draft codes of conduct and amendments or extensions to existing codes of conduct to the commission . ### associations and other bodies representing categories of controllers in several member states may submit draft codes of conduct and amendments or extensions to existing codes of conduct to the european data protection board .


### the data subject shall have the right to object , on grounds relating to their particular situation , at any time to the processing of personal data which is based on points , and of article 6 , unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject . ### the data subject shall have the right to object at any time to the processing of personal data which is based on points and of article 6 .


### the controller no longer needs the personal data for the accomplishment of its task but they have to be maintained for purposes of proof ; ### data have to be maintained for purposes of proof ;


### the commission may lay down standard forms for providing the information referred to in paragraphs 1 to 3 , taking into account the specific characteristics and needs of various sectors and data processing situations where necessary . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### in the cases referred to in paragraphs 6 and 7 , the controller shall take appropriate measures to protect the data subject ' s legitimate interests .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission for : specifying standard forms in relation to the processing of personal data of a child ; standard procedures and forms for exercising the rights of data subjects ; standard forms for the information to the data subject ; standard forms and procedures in relation to the right of access ; the right to data portability ; standard forms in relation to the responsibility of the controller to data protection by design and by default and to the documentation ; specific requirements for the security of processing ; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject ; standards and procedures for a data protection impact assessment ; forms and procedures for prior authorisation and prior consultation ; 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 an international organisation ; disclosures not authorized by union law ; mutual assistance ; joint operations ; decisions under the consistency mechanism . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . in this context , the commission should consider specific measures for micro , small and medium - sized enterprises . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . in implementing the provisions of this regulation , it should be ensured that no mandatory requirements for specific technical features are imposed on products and services , including terminal or other electronic communications equipment , which could impede the placing of equipment on the market and the free circulation of such equipment in and between member states . in this context , the commission should consider specific measures for micro , small and medium - sized enterprises in consultation with the parties concerned , as these measures should not overly burden those enterprises .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### within the limits of this regulation , member states may adopt by law or collective agreement among employers and employees specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , criminal conviction and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . this regulation must , in accordance with the principles of article 5 , respect collective agreements regarding decentralized regulation of the employer ' s data processing concluded in accordance with this regulation .


### each natural or legal person shall have the right to a judicial remedy against decisions of a supervisory authority concerning them . ### without prejudice to the procedure described in article 63a , each natural or legal person , including each data controller and data processor , shall have the right to a judicial remedy against decisions of a supervisory authority concerning or affecting them .


### the controller shall document any personal data breaches , comprising the facts surrounding the breach , its effects and the remedial action taken . this documentation must enable the supervisory authority to verify compliance with this article . the documentation shall only include the information necessary for that purpose . ### the controller shall document data breaches referred to in paragraph 1 , comprising the facts surrounding the breach , its effects and the remedial action taken . this documentation must enable the supervisory authority to verify compliance with this article . the documentation shall only include the information necessary for that purpose .


### the commission shall publish in the official journal of the european union a list of those third countries , territories and processing sectors within a third country and international organisations where it has decided that an adequate level of protection is or is not ensured . ### the commission shall publish in the official journal of the european union and on its website a list of those third countries , territories and processing sectors within a third country and international organisations where it has decided that an adequate level of protection is or is not ensured .


### the law of the member state must meet an objective of public interest or must be necessary to protect the rights and freedoms of others , respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued . ### the law of the member state must meet an objective of public interest or must be necessary to protect the rights and freedoms of others . the law of the member state must also respect this regulation and international treatises that the member state has decided to follow . finally the member state is obliged to evaluate and decide if national legislation is proportionate to the legitimate aim pursued or if a legitimate aim could be achieved using less privacy invasive solutions .


### where a transfer is based on contractual clauses as referred to in point of paragraph 2 of this article the controller or processor shall obtain prior authorisation of the contractual clauses according to point of article 34 from the supervisory authority . if the transfer is related to processing activities which concern data subjects in another member state or other member states , or substantially affect the free movement of personal data within the union , the supervisory authority shall apply the consistency mechanism referred to in article 57 . ### where the relevant safeguards are provided for on the basis of contractual clauses as referred to in point of paragraph 2 of this article the controller or processor shall ensure compliance of the intended processing with this regulation and mitigate any risks involved for the data subject . the supervisory authority shall support the compliance of the regulation by providing guidance and advice under this provision . if the processing concerns data subjects in another member state or other member states , or substantially affect the free movement of personal data within the union , the edpb shall provide guidance to ensure consistent application of the regulation , taking into account the specific circumstances of individual member states .


### where the controller or the processor is a public authority or body , the data protection officer may be designated for several of its entities , taking account of the organisational structure of the public authority or body . ### where the controller or the processor is a public authority or body , the data protection organisation or data protection officer may be designated for several of its entities , taking account of the organisational structure of the public authority or body .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### member states may , in accordance with the rules set out in this regulation , and taking into account the principle of proportionality , adopt by legal provisions specific rules regulating the processing of employees ' personal data in the employment context , in particular but not limited to the purposes of the recruitment and job applications within the group of undertakings , the performance of the contract of employment , including discharge of obligations laid down by law and by collective agreements , company agreements and collective agreements in accordance with national law and practice , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . the level of protection afforded by this regulation may not be undercut . notwithstanding the previous sentence , where arrangements are made by agreement between employee representatives and the management of the undertaking or of the controlling undertaking of a group of undertakings the level of protection afforded by this regulation may not be significantly undercut . the right of member states , or the social partners via collective agreements , to provide employees with more favourable protection provisions in respect of the processing of personal data in the employment context shall remain unaffected .


### where personal data relating to a data subject are collected , the controller shall provide the data subject with at least the following information : ### where personal data relating to a data subject are collected , the controller shall provide or make readily available to the data subject at least the following information :


### the purposes of the processing for which the personal data are intended , including the contract terms and general conditions where the processing is based on point of article 6 and the legitimate interests pursued by the controller where the processing is based on point of article 6 ; ### the specific purposes of the processing for which the personal data are intended as well as information regarding the security of the processing of personal data , including the contract terms and general conditions where the processing is based on point of article 6 and the legitimate interests pursued by the controller where the processing is based on point of article 6 ;


### the data subject shall have the right to obtain from the controller at any time , on request , confirmation as to whether or not personal data relating to the data subject are being processed . where such personal data are being processed , the controller shall provide the following information : ### subject to article 12 , the data subject shall have the right to obtain the following information from the controller :


### if the controller refuses to take action on the request of the data subject , the controller shall inform the data subject of the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy . ### if the controller does not take action on the request of the data subject , the data subject shall have the right to lodge a complaint with the supervisory authority .


### the commission may decide that a third country , or a territory or a processing sector within that third country , or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 to decide that a third country , or a territory within that third country , or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 .


### the supervisory authority shall impose a fine up to 500 000 eur , or in case of an enterprise up to 1 % of its annual worldwide turnover , to anyone who , intentionally or negligently : ### the supervisory authority imposes a fine up to 500 000 eur to anyone who intentionally :


### the carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller and stipulating in particular that the processor shall : ### the carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller . the controller and the processor shall be free to determine respective roles and responsibilities with respect to the requirements of this regulation , and shall provide for the following :


### the controller or the processor shall ensure that any other professional duties of the data protection officer are compatible with the person ' s tasks and duties as data protection officer and do not result in a conflict of interests . ### the controller or the processor shall ensure that any other professional duties of the data protection organisation or data protection officer are compatible with the person ' s tasks and duties as data protection officer and do not result in a conflict of interests .


### in order to ensure the consistent application of this regulation throughout the union , a consistency mechanism for co - operation between the supervisory authorities themselves and the commission should be established . this mechanism should in particular apply where a supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several member states , , or to the monitoring such data subjects , or that might substantially affect the free flow of personal data . it should also apply where any supervisory authority or the commission requests that the 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 . ### in order to ensure the consistent application of this regulation throughout the union , a consistency mechanism for co - operation between the supervisory authorities themselves and the commission should be established . this mechanism should in particular apply where the competent supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several member states , or to the monitoring such data subjects , or that might substantially affect the free flow of personal data . it should also apply where any supervisory authority or the commission requests that the 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 .


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


### pursuant to point of article 26 , the processor shall alert and inform the controller immediately after the establishment of a personal data breach . ### pursuant to point of article 26 , the processor shall alert and inform the controller without undue delay after the identification of a personal data breach that is likely to produce legal effects to the detriment of the data subject ' s privacy .


### consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by 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 . consent should cover all processing activities carried out for the same purpose or 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 the service for which it is provided . ### consent should be given unambiguously by any appropriate method within the context of the product or service being offered enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by 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 . consent should cover all processing activities carried out for the same purpose or 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 the service for which it is provided .


### the controller shall provide the information referred to in paragraphs 1 , 2 and 3 : at the time when the personal data are obtained from the data subject ; or where the personal data are not collected from the data subject , at the time of the recording or within a reasonable period after the collection , having regard to the specific circumstances in which the data are collected or otherwise processed , or , if a disclosure to another recipient is envisaged , and at the latest when the data are first disclosed . ### if the personal data are not collected from the data subject , the indirect controller shall , at the minimum , inform the direct controller of the purposes for which he is processing the personal data , stating his identity and contact details . this shall be done at the time when the personal data are collected or within a reasonable period thereafter , taking into account the specific circumstances in which the data are collected or otherwise processed . article 20 shall apply in addition to this provision .


### processed under the responsibility and liability of the controller , who shall ensure and demonstrate for each processing operation the compliance with the provisions of this regulation . ### processed under the responsibility and liability of the controller , who shall be able to ensure and demonstrate for its processing operations the compliance with the provisions of this regulation .


### these purposes cannot be otherwise fulfilled by processing data which does not permit or not any longer permit the identification of the data subject ; ### these purposes cannot reasonably be achieved by processing data which does not permit or not any longer permit the identification of the data subject ; and


### every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person , and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour . ### every data subject shall have the right not to be subject to a decision that produces adverse legal effects or adversely affects this data subject , and which is based solely or predominantly on automated processing intended to evaluate certain personal aspects relating to this data subject .


### 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 at the latest and , without delay , any subsequent amendment affecting them . ### each member state shall notify to the commission those legal provisions which it adopts pursuant to paragraphs 1 and 1b , by the date specified in article 91 at the latest and , without delay , any subsequent amendment affecting them .


### collected for specified , explicit and legitimate purposes and not further processed in a way incompatible with those purposes ; ### collected for specified , explicit and legitimate purposes and not further processed in a way irreconcilable with those purposes ;


### the controller shall document any personal data breaches , comprising the facts surrounding the breach , its effects and the remedial action taken . this documentation must enable the supervisory authority to verify compliance with this article . the documentation shall only include the information necessary for that purpose . ### the controller shall document data breaches referred to in paragraph 1 , comprising the facts surrounding the breach , its effects and the remedial action taken . this documentation must enable the supervisory authority to verify compliance with this article . the documentation shall only include the information necessary for that purpose .


### the controller and the processor and , if any , the representative of the controller , shall co - operate , on request , with the supervisory authority in the performance of its duties , in particular by providing the information referred to in point of article 53 and by granting access as provided in point of that paragraph . ### the controller and the processor and , if any , the representative of the controller , shall co - operate , on request , with the supervisory authority in the performance of its duties , in particular by providing the information referred to in point of article 53 and by granting access as provided in point of that paragraph . the controller and the processor and , if any , the representative of the controller , shall make the documentation available , on the basis of a request outlining the reasons for requiring access to the documents , to the supervisory authority .


### processing is necessary for compliance with a legal obligation to which the controller is subject ; ### processing is necessary for compliance with or to avoid breach of an eu or national legal obligation or legal right to which a controller is subject including the performance of a task carried out for assessing creditworthiness or for fraud prevention and detection purposes .


### data protection impact assessment and prior authorisation ### lifecycle data protection management


### each supervisory authority shall be empowered to impose administrative sanctions in accordance with this article . ### each supervisory authority shall be empowered to impose warnings or administrative sanctions in accordance with this article .


### the controller or the processor shall ensure that any other professional duties of the data protection officer are compatible with the person ' s tasks and duties as data protection officer and do not result in a conflict of interests . ### the controller or the processor shall ensure that any other professional duties of the data protection officer or data protection officers are compatible with the person ' s or persons ' tasks and duties as data protection officer and do not result in a conflict of interests .


### ‘ representative’ means any natural or legal person established in the union who , explicitly designated by the controller , acts and may be addressed by any supervisory authority and other bodies in the union instead of the controller , with regard to the obligations of the controller under this regulation ; ### ‘ representative’ means any natural or legal person established in the union who , explicitly designated by the controller , acts and shall be addressed by the competent supervisory authority , with regard to the obligations of the controller under this regulation ;


### in the case of a personal data breach , the controller shall without undue delay and , where feasible , not later than 24 hours after having become aware of it , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours . ### in the case of a personal data breach , when the breach is likely to adversely affect the protection of the personal data or the privacy of the data subject , the controller shall without undue delay notify the personal data breach to the supervisory authority .


### the rule of law , relevant legislation in force , both general and sectoral , including concerning public security , defence , national security and criminal law , the professional rules and security measures which are complied with in that country or by that international organisation , as well as effective and enforceable rights including effective administrative and judicial redress for data subjects , in particular for those data subjects residing in the union whose personal data are being transferred ; ### the rule of law , relevant legislation in force , including concerning public security , defence , national security and criminal law , the professional rules and security measures which are complied with in that country or by that international organisation , as well as effective and enforceable rights including effective administrative and judicial redress for data subjects , in particular for those data subjects residing in the union whose personal data are being transferred ;


### 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 . ### without prejudice to the data subject ' s existing contractual obligations , 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 . it is lawful that the withdrawal of consent might result in the termination of the relationship with the controller .


### the data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data , especially in relation to personal data which are made available by the data subject while he or she was a child , where one of the following grounds applies : ### the data subject shall have the right to obtain , as appropriate , from the controller the erasure of personal data relating to them where one of the following grounds applies :


### associations and other bodies representing categories of controllers or processors in one member state which intend to draw up codes of conduct or to amend or extend existing codes of conduct may submit them to an opinion of the supervisory authority in that member state . the supervisory authority may give an opinion whether the draft code of conduct or the amendment is in compliance with this regulation . the supervisory authority shall seek the views of data subjects or their representatives on these drafts . ### associations and other bodies representing categories of controllers or processors in one member state which intend to draw up codes of conduct or to amend or extend existing codes of conduct may submit them to an opinion of the supervisory authority in that member state . the supervisory authority may give an opinion whether the processing under the code is in compliance with this regulation .


### associations and other bodies representing categories of controllers in several member states may submit draft codes of conduct and amendments or extensions to existing codes of conduct to the commission . ### associations and other bodies representing categories of controllers or processors in several member states may submit draft codes of conduct and amendments or extensions to existing codes of conduct to the commission .


### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . therefore , only minimum features of due diligence measures should be set out . the specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as complementary measures in support of sectoral codes of conduct , model contractual clauses , and guidelines with a view to increasing legal certainty and reducing costs . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation . ### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . this is the case in particular for subsequent users where the due diligence obligation should only apply in the case such users access and use genetic resources in the form as originally accessed by the initial user . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation .


### the information included in the european professional card shall be limited to the information that is necessary to ascertain its holder ' s right to exercise the profession for which it has been issued , in particular name , surname , date and place of birth , profession , applicable regime , competent authorities involved , card number , security features and reference to a valid proof of identity . ### the information included in the european professional card shall be limited to the information that is necessary to ascertain its holder ' s right to exercise the profession for which it has been issued , in particular name , surname , date and place of birth , type of qualification and profession , nationality at the point of recognition , current registration status , applicable regime , competent authorities involved , card number , security features and reference to a valid proof of identity .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , or earlier where national legislation provides for a shorter period , and provided that the collective management organisation has taken all necessary measures to identify and locate the rightholders , the collective management organisation shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collective management organisation .


### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to provide and to receive services for collective management of copyright , related rights and other subject matter across national borders entails that rightholders are able to freely choose the collective management organisation for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collective management organisation already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses .


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders shall have the right to authorise a collective management organisation of their choice to manage the rights , categories of rights , works or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collective management organisation or the rightholder .


### rightholders who have terminated the authorisation to manage rights or categories of rights or types of works and other subject matter or who have withdrawn their rights or categories of rights or types of works and other subject matter from the collecting society , continue to have access to those services . the criteria in relation to the access to and the extent of those services may take into consideration the rights revenue generated by those rightholders and the duration of the authorisation to manage rights , provided that such criteria are also applicable to rightholders who have not terminated such authorisation or have not withdrawn their rights or categories of rights or types of works and other subject matter from the collecting society . ### rightholders who have terminated the authorisation to manage rights or categories of rights or types of works and other subject matter or who have withdrawn their rights or categories of rights or types of works and other subject matter from the collecting society , continue to have access to withdrawal services . the criteria in relation to the access to and the extent of those services may take into consideration the rights revenue generated by those rightholders and the duration of the authorisation to manage rights , provided that such criteria are also applicable to rightholders who have not terminated such authorisation or have not withdrawn their rights or categories of rights or types of works and other subject matter from the collecting society .


### members should be allowed to take part in monitoring the management of collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function . ### members should be allowed to take part in monitoring the management of collective management organisations . to this end , collective management organisations should establish a supervisory function appropriate to their organisational structure and allow the different categories of members to be represented in the body that exercises this function .


### the use of the amounts due to rightholders which cannot be distributed as set out in article 12 except where the general meeting decides to delegate this decision to the body exercising the supervisory function ; ### the use of the amounts due to rightholders which cannot be distributed as set out in article 12 except where the general meeting decides to delegate this decision to the management board or to the body exercising the supervisory function ;


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collective management organisation regularly and diligently distributes and pays amounts due to all rightholders it represents . the collective management organisation shall carry out such distribution and payments without undue delay as soon as the amount for a rightholder covers the collection costs and maintenance for the corresponding rights and administrative costs , after a period of three months and no later than six months from the collection of the relevant right revenues . the collective management organisation shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders .


### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights . ### there are significant differences in the national rules governing the functioning of collective management organisations due to historical , legal , economic and , above all , cultural diversity among member states , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and considering revenues collected may have been often poorly managed , problems with the functioning of collective management organisations lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collective management organisations , rightholders and users alike .


### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights . ### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . furthermore , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights , provided that they do not compete directly with management organisations in the areas of collecting and distributing monies due to rightholders . in such cases the criteria of membership and control by the membership are not relevant .


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective rights management organisation ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement by more than one rightholder , to manage copyright or rights related to copyright and which is owned or controlled by its members or which is a not for profit organisation ;


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ;


### member states shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions , tariffs , and any refusal to grant a licence can be submitted to a court , and if appropriate , to an independent and impartial dispute resolution body . ### member states shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions , tariffs , the calculation of tariffs and any refusal to grant a licence can be submitted to a court , and if appropriate , to an independent and impartial dispute resolution body .


### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to receive services for collective management of copyright and related rights across national borders entails that rightholders are able to freely choose the collective management organisation for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collective management organisation already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses .


### the requesting collecting society shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works . where information is insufficient or provided in a form that does not allow the requested collecting society to meet the requirements of this title , the requested collecting society shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used . ### the requesting collective management organisation shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works , on the basis of standardised information categories . where information is insufficient or provided in a form that does not allow the requested collective management organisation to meet the requirements of this title , the requested collective management organisation shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used .


### the collecting society shall manage and keep separate the rights revenue and any income derived from its investment from its own assets , the income derived from its management services or the income derived from any other activities . ### the collecting society shall manage and keep separate in accounting terms the rights revenue and any income derived from its investment from its own assets , the income derived from its management services or the income derived from any other activities .


### collecting societies collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that society , or another society . it is therefore important that collecting societies exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collecting societies maintain proper records of membership , licences and use of works and other subject matter . where appropriate , data should also be provided by rightholders and users and verified by the collecting societies . amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collecting societies ' general meeting . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently , while allowing the collecting society to decide on the most secure and efficient investment policy . this should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately and effectively distributed , it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . it is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where , due to the lack of identified or located rightholders , amounts collected cannot be distributed . ### collecting societies collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that society , or another society . it is therefore important that collecting societies exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collecting societies maintain proper and transparent records of membership , licences and use of works and other subject matter . where appropriate , data should also be provided by rightholders and users and verified by the collecting societies . amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collecting societies ' general meeting . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently , while allowing the collecting society to decide on the most secure and efficient investment policy . this should allow the collecting society to opt for a secure and profitable asset allocation that prevents exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately and effectively distributed , it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . it is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where , due to the lack of identified or located rightholders , amounts collected cannot be distributed .


### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period . ### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collective management organisations or to withdraw from a collective management organisations any of the rights or categories of rights or types of works and other subject matter of their choice , at any time during the term of the authorisation , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collective management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period .


### tariffs for exclusive rights shall reflect the economic value of the rights in trade and of the service provided by the collecting society . ### tariffs for exclusive rights and rights to fair remuneration must take account of the need for rightholders to receive reasonable remuneration , the overall value of the repertoire of the collecting society and of the economic benefit which users obtain from the collective management of their rights .


### ' member of a collecting society ' means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society ; ### ' member of a collecting society ' means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , which has been accepted as a member ;


### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . ### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights , works or type of works and other subject matter which that rightholder authorises the collective management organisation to manage and that any such consent is evidenced in documentary form .


### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to provide and to receive services for collective management of copyright , related rights and other subject matter across national borders entails that rightholders are able to freely choose the collective management organisation for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collective management organisation already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses .


### member states shall ensure that a collecting society makes the following information available at the request of any rightholder whose rights it represents , any collecting society on whose behalf it manages rights under a representation agreement or any user , by electronic means , without undue delay : ### member states shall ensure that a collecting society makes the following information available at the duly justified request of any rightholder whose rights it represents , any collecting society on whose behalf it manages rights under a representation agreement or any user , by electronic means , without undue delay :


### member states shall take all the necessary measures to ensure that the complaints procedures referred to in paragraph 1 are administered by the competent authorities empowered to ensure compliance with the provisions of national law adopted pursuant to the requirements laid down in this directive . ### member states shall ensure that compliance by the collective management organisations established on their territory with the provisions of national law adopted and implemented pursuant to the requirements laid down in this directive is monitored by the authorities empowered to do so .


### commission recommendation 2005 / 737 / ec promoted a new regulatory environment better suited to the management , at union level , of copyright and related rights for the provision of legitimate online music services . it recognised that in an era of online exploitation of musical works , commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi - territorial . however , the recommendation , due to its voluntary nature , has not been sufficient to encourage the widespread multi - territorial licensing of online rights in musical works and to address the specific demands of multi - territorial licensing . ### commission recommendation 2005 / 737 / ec promoted a new regulatory environment better suited to the management , at union level , of copyright and related rights for the provision of legitimate online music services . it recognised that in an era of online exploitation of musical works , commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi - territorial . however , the recommendation has not been sufficient to encourage the widespread multi - territorial licensing of online rights in musical works and to address the specific demands of multi - territorial licensing .


### the directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place . they contribute to developing and maintaining creativity . in an internal market where competition is not distorted , protecting innovation and intellectual creation also encourages investment in innovative services and products . ### the directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place . they contribute to developing and maintaining creativity , as well as promoting and safeguarding cultural diversity . in an internal market where competition is not distorted , fostering innovation and intellectual creation also encourages investment in innovative services and products .


### collecting societies shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting society . ### collective management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights , works or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collective management organisation .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , or earlier where national legislation provides for a shorter period , and provided that the collective management organisation has taken all necessary measures to identify and locate the rightholders , the collective management organisation shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collective management organisation .


### the dissemination of content which is protected by copyright and related rights and the linked services , including books , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . it is normally for the rightholders to choose between the individual or collective management of their rights . management of copyright and related rights includes the granting of licences to users , the auditing of licensees and monitoring of the use of rights , the enforcement of copyright and related rights , the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders . collecting societies enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves , including in non - domestic markets . moreover , they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action , in particular in order to respect and to promote the diversity of its cultures . ### the dissemination of content which is protected by copyright and related rights and the linked services , including books , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . it is normally for the rightholders to choose between the individual or collective management of their rights . management of copyright and related rights includes the granting of licences to users , the auditing of licensees and monitoring of the use of rights , the enforcement of copyright and related rights , the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders . collecting societies enable rightholders to be remunerated for uses which they would not be in any position to control or enforce themselves at all , or only with difficulty , including in non - domestic markets . moreover , they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action , in particular in order to respect and to promote the diversity of its cultures .


### the dissemination of content which is protected by copyright and related rights and the linked services , including books , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . it is normally for the rightholders to choose between the individual or collective management of their rights . management of copyright and related rights includes the granting of licences to users , the auditing of licensees and monitoring of the use of rights , the enforcement of copyright and related rights , the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders . collecting societies enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves , including in non - domestic markets . moreover , they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action , in particular in order to respect and to promote the diversity of its cultures . ### the dissemination of content which is protected by copyright and related rights and the linked services , including books , audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights , such as authors , performers , producers and publishers . it is normally for the rightholders to choose between the individual or collective management of their rights , except where national or eu law has made collective management compulsory .


### every member of a collecting society shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name . ### every member of a collective management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name . to be valid , the proxy shall have been given by the member to the proxy holder no more than three months before its use .


### every member of a collecting society shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name . ### every member of a collective management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting of members in his name , provided that such appointment does not result in a conflict of interest .


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online content services across the union will provide an alternative to online content over which no copyright fees are paid .


### the directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place . they contribute to developing and maintaining creativity . in an internal market where competition is not distorted , protecting innovation and intellectual creation also encourages investment in innovative services and products . ### the directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place . they contribute to developing and maintaining creativity , as well as promoting and safeguarding cultural diversity . in an internal market where competition is not distorted , protecting innovation and intellectual creation also encourages investment in innovative services and products .


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders shall have the right to authorise a collective management organisation of their choice to manage the rights , categories of rights , works or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collective management organisation or the rightholder .


### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located . ### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available regularly and at least annually to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located .


### the requesting collecting society shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works . where information is insufficient or provided in a form that does not allow the requested collecting society to meet the requirements of this title , the requested collecting society shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used . ### the requesting collective management organisation shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works , on the basis of standardised information categories . where information is insufficient or provided in a form that does not allow the requested collective management organisation to meet the requirements of this title , the requested collective management organisation shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used .


### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights . ### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . furthermore , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights , provided that they do not compete directly with management organisations in the areas of collecting and distributing monies due to rightholders . in such cases the criteria of membership and control by the membership are not relevant .


### the collecting society shall regularly , diligently and accurately distribute and pay amounts due to other collecting societies . ### the collecting society shall regularly , diligently , accurately and without undue delay distribute and pay amounts due to other collecting societies .


### members of collecting societies should be allowed to participate and vote in the general meeting ; the exercise of these rights may only be subject to fair and proportionate restrictions . the exercise of voting rights should be made easy . ### all members of collective management organisations should be allowed to participate and vote in the general meeting . the exercise of voting rights should be made easy , and whenever possible by electronic means .


### member states shall ensure that collecting societies act in the best interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders . ### member states shall ensure that collective management organisations act in the best interest of the rightholders whose rights they manage and do not impose on them any obligations which could undermine the protection of their rights and their interests .


### investing in education , skills and lifelong learning ; ### investing in education and training , skills and lifelong learning ;


### the monitoring committee shall meet at least once a year and shall review implementation of the programme and progress towards achieving its objectives . in doing so , it shall have regard to the financial data , common and programme - specific indicators , including changes in result indicators and progress towards quantified target values , and the milestones defined in the performance framework . ### the monitoring committee shall meet at least twice a year and shall review implementation of the programme and progress towards achieving its objectives and the implementation of the horizontal principles as set out in articles 6 , 7 and 8 of this regulation . in doing so , it shall have regard to the financial data , common and programme - specific indicators , including changes in result indicators and progress towards quantified target values , and the milestones defined in the performance framework .


### promoting social inclusion and combating poverty ; ### promoting social inclusion and integration and combating poverty ;


### the existence of a mechanism which ensures effective implementation and application of directive 2000 / 78 / ec of 27 november 2000 establishing a general framework for equal treatment in employment and occupation1 and directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin1 ### the existence of a mechanism which ensures effective implementation and application of directive 2000 / 78 / ec of 27 november 2000 establishing a general framework for equal treatment in employment and occupation1 and directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin1 , and other international anti - discrimination commitments such as the un convention on the rights of persons with disabilities


### in accordance with the multi - level governance approach , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes . ### in accordance with the multi - level governance approach , the partners shall be involved by member states in the preparation of partnership contracts and progress reports and in the preparation , implementation , monitoring and evaluation of programmes . the partners shall participate in the monitoring committees for programmes . the partners shall be ensured equal access to the funding provided for these purposes .


### the indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer . in particular , the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture . such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions . ### underlines the necessity of product traceability and tracking labels for determining the country of origin of the product and the manufacturer responsible ; it is vital to ensure reliable traceability throughout all stages of the life of a product , but to ensure at the same time that this does not lead to increased administrative burdens . the indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer . in particular , the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture , to enable consumers to be informed about the sustainability of a product in terms of social , environmental and manufacturing standards as well as about the quality and safety of the product itself . such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions . therefore calls on the commission to play a more active role in coordinating the activities of the european market surveillance authorities , the customs authorities and the competent authorities of the member states and third countries .


### manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or , where the size or nature of the product does not allow it , that indication is to be provided on the packaging or in a document accompanying the product . ### manufacturers , importers and distributors shall ensure that products bear an indication of the country of origin of the product or , where the size or nature of the product does not allow it , that indication is to be provided on the packaging or in a document accompanying the product , such as point of sale material .


### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ insert date - 3 months prior to the date of application of this regulation ] and shall notify it without delay of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ insert date - 3 months prior to the date of application of this regulation ] and shall notify it without delay of any subsequent amendment affecting them . the penalties provided for may be proportionate to the quantity , the value of the good and the length of time it has been available on the market .


### where the country of origin determined in accordance with paragraph 2 is a member state of the union , manufacturers and importers may refer to the union or to a particular member state . ### where the country of origin determined in accordance with paragraph 2 is a member state of the union , the ' made in ' label may refer to the union or to a particular member state . the name and address of the manufacturer should be provided as well on all consumer products placed on the eu market . the origin information on products will enhance the effectiveness of market surveillance authorities when tracing dangerous products on the eu market .


### without prejudice to the responsibilities of the executive director , as set out in article 38 , assist and advise him / her in the implementation of the decisions of the management board , with a view to reinforcing supervision of administrative and budgetary management . ### without prejudice to the responsibilities of the executive director , as set out in article 38 , assist and advise him / her in the preparation , and subsequent implementation , of decisions of the management board in the areas of budgetary management , staffing policy , the work programme and other preparatory work of the management board .


### the executive board shall be composed of the chairperson of the management board , one representative of the commission to the management board and three other members appointed by the management board from among its members with the right to vote . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote . ### the working group shall be composed of at least one representative of the commission to the management board and two members of the management board . the chairperson of the working group shall be appointed by the chairperson of the management board .


### executive board ### working group


### the executive board shall : ### the working group shall :


### ensure , together with the management board , adequate follow - up to the findings and recommendations stemming from the internal or external audit reports and evaluations , as well as from investigations of the european anti - fraud office ; ### support the management board in ensuring the adequate follow - up to the findings and recommendations stemming from the internal or external audit reports and evaluations , as well as from investigations of the european anti - fraud office ;


### enters up - to - date information directly into the computerised database within twenty - four hours of the occurrence of the event . ### enters up - to - date information directly into the computerised database within seventy - two hours of the occurrence of the event .