### every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing . however , such measure should be allowed when expressly authorised by law , carried out in the course of entering or performance of a contract , or when the data subject has given his consent . in any case , such processing should be subject to suitable safeguards , including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child . ### every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing and which produces legal effects concerning that natural person or significantly affects that natural person . actual effects should be comparable in their intensity to legal effects to fall under this provision . this is not the case for measures relating to commercial communication , like for example in the field of customer relationship management or customer acquisition . however , a measure based on profiling by automated data processing and which produces legal effects concerning a natural person or significantly affects a natural person should be allowed when expressly authorised by law , carried out in the course of entering or performance of a contract , or when the data subject has given his consent . in any case , such processing should be subject to suitable safeguards , including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child .


### in order to demonstrate compliance with this regulation , the controller or processor should document each processing operation . each controller and processor should be obliged to co - operate with the supervisory authority and make this documentation , on request , available to it , so that it might serve for monitoring those processing operations . ### in order to demonstrate compliance with this regulation , the controller should document each processing operation under its responsibility . each controller should be obliged to co - operate with the supervisory authority and make this documentation , on request , available to it , so that it might serve for monitoring those processing operations .


### the controller shall carry out the erasure without delay , except to the extent that the retention of the personal data is necessary : ### the controller shall carry out the erasure without undue delay , except to the extent that the retention and dissemination of the personal data is necessary :


### when using online services , individuals may be associated with online identifiers provided by their devices , applications , tools and protocols , such as internet protocol addresses or cookie identifiers . this may leave traces which , combined with unique identifiers and other information received by the servers , may be used to create profiles of the individuals and identify them . it follows that identification numbers , location data , online identifiers or other specific factors as such need not necessarily be considered as personal data in all circumstances . ### when using online services , individuals may be associated with online identifiers provided by their devices , applications , tools and protocols , such as internet protocol addresses or cookie identifiers . this may leave traces which , combined with unique identifiers and other information received by the servers , may be used to create profiles of the individuals and identify them . it follows that identification numbers , location data , online identifiers or other specific factors need not necessarily be considered as personal data in all circumstances .


### processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority . ### processing of data relating to criminal convictions or related security measures is carried out either subject to the conditions and safeguards referred to in article 83a or under the supervision of a supervisory authority or when the processing is necessary for compliance with or to avoid a breach of a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority


### insofar as this is possible given the nature of the processing , create in agreement with the controller the necessary technical and organisational requirements for the fulfilment of the controller ' s obligation to respond to requests for exercising the data subject ' s rights laid down in chapter iii ; ### insofar as this is possible given the nature of the processing and the processor ' s ability to assist with reasonable effort , an agreement as to the appropriate and relevant technical and organizational requirements which support the ability of the controller to respond to requests for exercising the data subject ' s rights laid down in chapter iii ;


### hand over all results to the controller after the end of the processing and not process the personal data otherwise ; ### hand over all results to the controller after the end of the processing and / or destroy it in a commercially accepted manner ;


### the processing of personal data solely for journalistic purposes , or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression , and notably the right to receive and impart information , as guaranteed in particular by article 11 of the charter of fundamental rights of the european union . this should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries . therefore , member states should adopt legislative measures , which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights . such exemptions and derogations should be adopted by the member states on general principles , on the rights of the data subject , on controller and processor , on the transfer of data to third countries or international organisations , on the independent supervisory authorities and on co - operation and consistency . this should not , however , lead member states to lay down exemptions from the other provisions of this regulation . in order to take account of the importance of the right to freedom of expression in every democratic society , it is necessary to interpret notions relating to that freedom , such as journalism , broadly . therefore , member states should classify activities as ‘ journalistic’ for the purpose of the exemptions and derogations to be laid down under this regulation if the object of these activities is the disclosure to the public of information , opinions or ideas , irrespective of the medium which is used to transmit them . they should not be limited to media undertakings and may be undertaken for profit - making or for non - profit making purposes . ### the processing of personal data solely for journalistic purposes , or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression , and notably the right to receive and impart information , as guaranteed in particular by article 11 of the charter of fundamental rights of the european union . this should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries . in order to take account of the importance of the right to freedom of expression in every democratic society , it is necessary to interpret notions relating to that freedom , such as journalism , broadly and irrespective of the medium which is used to transmit them .


### the protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor , also in relation to the monitoring by and measures of supervisory authorities , requires a clear attribution of the responsibilities under this regulation , including where a controller determines the purposes , conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller . ### the protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor , also in relation to the monitoring by and measures of supervisory authorities , requires a clear attribution of the responsibilities under this regulation , including where a controller determines the purposes of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller .


### 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 processor shall be free to determine respective roles and responsibilities with respect to the requirements of this regulation , and shall provide for the following :


### if the data processed by a controller do not permit the controller to identify a natural person , the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation . ### if the data processed by a controller do not permit the controller to identify a natural or legal person , the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation .


### prior authorisation and prior consultation ### prior consultation


### if the data processed by a controller do not permit the controller to identify a natural person , the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation . ### if the data processed by a controller do not permit the controller , through means used by the controller , to identify a natural person , the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation .


### 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 powers46 . 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 shall 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 case of a first and non - intentional non - compliance with this regulation , a warning in writing may be given and no sanction imposed , where : a natural person is processing personal data without a commercial interest ; or an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities . ### the supervisory authority may give a written warning without imposing a sanction . the supervisory authority may impose a fine of up to eur 1 000 000 for repeated , deliberate breaches or , in the case of a company , of up to 1% of its annual worldwide turnover .


### where the data subject has provided the personal data and the processing is based on consent or on a contract , the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system , into another one , in an electronic format which is commonly used , without hindrance from the controller from whom the personal data are withdrawn . ### where the data subject has provided the personal data and the processing is based on consent or on a contract , the data subject shall have the right to transmit those personal data and any other information provided by the data subject , where technically feasible and appropriate , and retained by an automated processing system , into another one , in an electronic format which is commonly used , without hindrance from the controller from whom the personal data are withdrawn .


### where a processing operation is to be carried out on behalf of a controller , the controller shall choose a processor providing sufficient guarantees to 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 , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures . ### where a processing operation is to be carried out on behalf of a controller and which involves the processing of data that would permit the processor to reasonably identify the data subject , the controller shall choose a processor providing sufficient guarantees to 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 , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures . the controller remains solely responsible for ensuring compliance with the requirements of this regulation .


### the controller or the processor may be exempted from this liability , in whole or in part , if the controller or the processor proves that they are not responsible for the event giving rise to the damage . ### the controller may be exempted from this liability , in whole or in part , if the controller proves that it is not responsible for the event giving rise to the damage .


### the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority ; ### the right to lodge a complaint to the supervisory authority ;


### 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 state of the art , the cost of implementation and international best practices , 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 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 .


### the commission may lay down standard forms for the documentation referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission , after consulting the european data protection board , may lay down standard forms for the documentation referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### the delegation of power referred to in article 6 , article 8 , article 9 , article 12 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 33 , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 79 , article 81 , article 82 and article 83 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in article 14 , article 26 , article 33 , article 35 , article 37 , article 39 and article 43 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation .


### the data subject has given consent to the processing of their personal data for one or more specific purposes ; ### the data subject has given consent to the processing of their personal data ;


### right to be forgotten and to erasure ### right to erasure


### where more than one controller or processor is involved in the processing , each controller or processor shall be jointly and severally liable for the entire amount of the damage . ### where more than one controller is involved in the processing , each controller shall be jointly and severally liable for the entire amount of the damage .


### ‘ controller’ means the natural or legal person , public authority , agency or any other body which alone or jointly with others determines the purposes , conditions and means of the processing of personal data ; where the purposes , conditions and means of processing are determined by union law or member state law , the controller or the specific criteria for his nomination may be designated by union law or by member state law ; ### ' controller ' means the natural or legal person , public authority , agency or any other body which alone or jointly with others determines the purposes , of the processing of personal data ; where the purposes of processing are determined by union law or member state law , the controller or the specific criteria for his nomination may be designated by union law or by member state law ;


### the legitimate interests of a controller may provide a legal basis for processing , provided that the interests or the fundamental rights and freedoms of the data subject are not overriding . this would need careful assessment in particular where the data subject is a child , given that children deserve specific protection . the data subject should have the right to object the processing , on grounds relating to their particular situation and free of charge . to ensure transparency , the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object , and also be obliged to document these legitimate interests . given that it is for the legislator to provide by law the legal basis for public authorities to process data , this legal ground should not apply for the processing by public authorities in the performance of their tasks . ### the legitimate interests of a controller , or of the third party or parties in whose interest the data is processed , may provide a legal basis for processing , provided that the interests or the fundamental rights and freedoms of the data subject are not overriding . this would need careful assessment in particular where the data subject is a child , given that children deserve specific protection . the data subject should have the right to object the processing , on grounds relating to their particular situation and free of charge . to ensure transparency , the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object , and also be obliged to document these legitimate interests . given that it is for the legislator to provide by law the legal basis for public authorities to process data , this legal ground should not apply for the processing by public authorities in the performance of their tasks .


### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller , among others , where personal data are processed by the employer of employees ' personal data in the employment context . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject . ### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject .


### the controller shall carry out the erasure without delay , except to the extent that the retention of the personal data is necessary : ### the controller shall carry out the erasure without delay , under the conditions of paragraph 1 , and to the extent technically or practically feasible for the controller , except to the extent that the retention of the personal data is necessary :


### 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 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 . notwithstanding , the controller should only be burdened with measures that are proportionate to the risk of data processing reflected by the nature of the personal data to be processed .


### 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 in the cases of points , and of article 6 on predominant , and protection - worthy grounds relating to their particular situation , at any time to the processing of their personal data . in the case of a justified objection the processing by the controller may no longer refer to this data


### a supervisory authority shall in accordance with the consistency mechanism set out in article 58 approve binding corporate rules , provided that they : ### one supervisory authority shall in accordance with the consistency mechanism set out in article 58 and through a single act of approval authorize binding corporate rules for a group of undertakings . those rules will allow multiple intercompany international transfers in and out of europe , provided that they :


### each controller and processor and , if any , the controller ' s representative , shall maintain documentation of all processing operations under its responsibility . ### each controller and , if any , the controller ' s representative , shall maintain documentation of all processing operations under its responsibility .


### the commission may lay down standard forms and specifying standard procedures for the communication referred to in paragraph 2 , including the electronic format . in doing so , the commission shall take the appropriate measures for micro , small and medium - sized - enterprises . those implementing acts shall be adopted in accordance with the examination procedure set out in article 87 . ### the commission shall lay down standard forms and specify standard procedures for the communication referred to in paragraph 2 , including the electronic format . in doing so , the commission shall take the appropriate measures for micro , small and medium - sized - enterprises . those implementing acts shall be adopted in accordance with the examination procedure set out in article 87 .


### 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 to request not to be subject to a measure which adversely affects this data subject and which is based solely on automated processing of data intended to evaluate , analyse or predict the data subject ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour .


### in exceptional circumstances , where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects , in particular when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages or for other reasons , by way of derogation from the procedure referred to in article 58 , it may immediately adopt provisional measures with a specified period of validity . the supervisory authority shall , without delay , communicate those measures , with full reasons , to the european data protection board and to the commission . ### in exceptional circumstances , where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects , in particular when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages , by way of derogation from the procedure referred to in article 58 , it may immediately adopt provisional measures with a specified period of validity . the supervisory authority shall , without delay , communicate those measures , with full reasons , to the competent supervisory authority , the european data protection board and to the commission .


### processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority . ### processing of data relating to criminal convictions or related security measures is carried out either subject to the conditions and safeguards referred to in article 83a or under the supervision of a supervisory authority or when the processing is necessary for compliance with or to avoid a breach of a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority


### to monitor the response to requests from the supervisory authority , and , within the sphere of the data protection officer ' s competence , co - operating with the supervisory authority at the latter ' s request or on the data protection officer ' s own initiative ; ### to assist in responding to requests from the supervisory authority , and , within the sphere of the data protection officer ' s competence , co - operating with the supervisory authority at the latter ' s request or on the data protection officer ' s own initiative ;


### adequate , relevant , and limited to the minimum necessary in relation to the purposes for which they are processed ; they shall only be processed if , and as long as , the purposes could not be fulfilled by processing information that does not involve personal data ; ### adequate , relevant , and not excessive in relation to the purposes for which they are processed ; they shall only be processed if , and as long as , the purposes could not be fulfilled by processing information that does not involve personal data ;


### ‘ controller’ means the natural or legal person , public authority , agency or any other body which alone or jointly with others determines the purposes , conditions and means of the processing of personal data ; where the purposes , conditions and means of processing are determined by union law or member state law , the controller or the specific criteria for his nomination may be designated by union law or by member state law ; ### ‘ controller’ means the natural or legal person , public authority , agency or any other body which alone or jointly with others determines the purposes of the processing of personal data ; where the purposes of processing are determined by union law or member state law , the controller or the specific criteria for his nomination may be designated by union law or by member state law ;


### act only on instructions from the controller , in particular , where the transfer of the personal data used is prohibited ; ### the processor shall act only on instructions from the controller , in particular , where the transfer of the personal data used is prohibited ;


### 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 relating to special categories of personal date , personal data which are subject to professional secrecy , personal data relating to criminal offences or to the suspicion of a criminal act or personal data relating to bank or credit card accounts , which seriously threaten the rights or legitimate interests of the data subject , the controller shall without undue delay notify the personal data breach to the supervisory authority .


### to monitor the documentation , notification and communication of personal data breaches pursuant to articles 31 and 32 ; ### to develop processes to monitor , document , notify and communicate personal data breaches pursuant to articles 31 and 32 ;


### for compliance with a legal obligation to retain the personal data by union or member state law to which the controller is subject ; member state laws shall meet an objective of public interest , respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued ; ### for compliance with a legal obligation to retain the personal data by union or member state law to which the controller is subject ;


### 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 executive management of the controller or the processor shall support the data protection officer in performing their duties and shall provide staff , premises , equipment and any other resources necessary to carry out the roles and duties referred to in article 37 .


### 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 state of the art , the cost of implementation and international best practices , 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 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 .


### ‘ 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 ;


### to monitor the implementation and application of this regulation , in particular as to the requirements related to data protection by design , data protection by default and data security and to the information of data subjects and their requests in exercising their rights under this regulation ; ### to monitor in compliance with the regulation ;


### article 1 of directive 2002 / 58 / ec shall be deleted . ### article 1 , article 2 and and articles 6 and 9 of directive 2002 / 58 / ec shall be deleted .


### in exceptional circumstances , where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects , in particular when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages or for other reasons , by way of derogation from the procedure referred to in article 58 , it may immediately adopt provisional measures with a specified period of validity . the supervisory authority shall , without delay , communicate those measures , with full reasons , to the european data protection board and to the commission . ### in exceptional circumstances , where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects within their territory , when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages , by clear breach or unjustified inaction of the competent supervisory authority , by way of derogation from the procedure referred to in article 58 , it may immediately adopt provisional measures with a specified period of validity . the supervisory authority shall , without delay , communicate those measures , with full reasons , to the competent supervisory authority , the european data protection board , the commission and the controller or processor .


### any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered . ### any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller for the damage suffered .


### the controller shall implement mechanisms for ensuring that , by default , only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes , both in terms of the amount of the data and the time of their storage . in particular , those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals . ### such measures and procedures shall : take due account of existing technical standards and regulations in the area of public safety and security follow the principle of technology , service and business model neutrality be based on global industry - led efforts and standards take due account of international developments


### processing is necessary for the purposes of the legitimate interests pursued by a controller , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks . ### processing is necessary for the purposes of the legitimate interests pursued by a controller , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks or enterprises in the exercise of their legal obligations , and in order to safeguard against fraudulent behaviour .


### processing is necessary for the purposes of the legitimate interests pursued by a controller , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks . ### processing is necessary for the purposes of the legitimate interests pursued by , or on behalf of , a controller or a processor , including for the security of processing , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks .


### the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority ; ### the right to lodge a complaint to the supervisory authority ;


### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited . ### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , significant social problems , private information and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited .


### the information in relation to the processing of personal data relating to the data subject should be given to them at the time of collection , or , where the data are not collected from the data subject , within a reasonable period , depending on the circumstances of the case . where data can be legitimately disclosed to another recipient , the data subject should be informed when the data are first disclosed to the recipient . ### the information in relation to the processing of personal data relating to the data subject should be given to them at the time of collection , or , where the data are not collected from the data subject , within a reasonable period , depending on the circumstances of the case . where data can be legitimately disclosed to another recipient without the data subject ' s consent or renewed consent , the data subject should be informed when the data are first disclosed to the recipient , should the data subject request to be provided with this information .


### every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing . however , such measure should be allowed when expressly authorised by law , carried out in the course of entering or performance of a contract , or when the data subject has given his consent . in any case , such processing should be subject to suitable safeguards , including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child . ### every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing and which produces legal effects concerning that natural person or significantly affects that natural person . actual effects should be comparable in their intensity to legal effects to fall under this provision . this is not the case for measures relating to commercial communication , like for example in the field of customer relationship management or customer acquisition . however , a measure based on profiling by automated data processing and which produces legal effects concerning a natural person or significantly affects a natural person should be allowed when expressly authorised by law , carried out in the course of entering or performance of a contract , or when the data subject has given his consent . in any case , such processing should be subject to suitable safeguards , including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child .


### in case of a first and non - intentional non - compliance with this regulation , a warning in writing may be given and no sanction imposed , where : a natural person is processing personal data without a commercial interest ; or an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities . ### the supervisory authority may give a written warning without imposing a sanction . the supervisory authority may impose a fine of up to eur 1 000 000 for repeated , deliberate breaches or , in the case of a company , of up to 1% of its annual worldwide turnover .


### where more than one controller or processor is involved in the processing , each controller or processor shall be jointly and severally liable for the entire amount of the damage . ### where more than one controller is involved in the processing , each controller shall be jointly and severally liable for the entire amount of the damage .


### for compliance with a legal obligation to retain the personal data by union or member state law to which the controller is subject ; member state laws shall meet an objective of public interest , respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued ; ### for compliance with a legal obligation to retain the personal data by union or member state law to which the controller is subject ;


### the protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and organisational measures are taken , both at the time of the design of the processing and at the time of the processing itself , to ensure that the requirements of this regulation are met . in order to ensure and demonstrate compliance with this regulation , the controller should adopt internal policies and implement appropriate measures , which meet in particular the principles of data protection by design and data protection by default . ### to meet consumer and business expectations around the protection of the rights and freedoms of data subjects with regard to the processing of personal data , appropriate organisational measures may be taken , both at the time of the design of the processing and at the time of the processing itself , to ensure that the requirements of this regulation are met . measures having as an objective to increase consumer information and ease of choice shall be encouraged , based on industry cooperation and favouring innovative solutions , products and services .


### a personal data breach may , if not addressed in an adequate and timely manner , result in substantial economic loss and social harm , including identity fraud , to the individual concerned . therefore , as soon as the controller becomes aware that such a breach has occurred , the controller should notify the breach to the supervisory authority without undue delay and , where feasible , within 24 hours . where this cannot achieved within 24 hours , an explanation of the reasons for the delay should accompany the notification . the individuals whose personal data could be adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions . a breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in , for example , identity theft or fraud , physical harm , significant humiliation or damage to reputation . the notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects . notifications to data subjects should be made as soon as reasonably feasible , and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities . for example , the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay . ### a personal data breach may , if not addressed in an adequate and timely manner , result in substantial economic loss and social harm , including identity fraud , to the individual concerned . therefore , as soon as the controller becomes aware that such a breach has occurred , the controller should notify the breach to the supervisory authority without undue delay . where this cannot achieved within a reasonable time period , an explanation of the reasons for the delay should accompany the notification . the individuals whose personal data could be adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions . a breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in , for example , identity theft or fraud , physical harm , significant humiliation or damage to reputation . the notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects . notifications to data subjects should be made as soon as reasonably feasible , and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities . for example , the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay .


### the controller or processor shall ensure that the data protection officer performs the duties and tasks independently and does not receive any instructions as regards the exercise of the function . the data protection officer shall directly report to the management of the controller or the processor . ### the data protection organisation or data protection officer shall perform his or her duties and tasks independently .


### 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 .


### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number , location data , online identifier or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ; ### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person working together with the controller , in particular by reference to an identification number , location data , online identifier or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ;


### candidate volunteers who have been identified and selected in accordance with article 11 shall be eligible to participate in the training programme . the individual scope and content of the training each candidate volunteer needs to accomplish shall be determined on the basis of his or her needs taking into account prior experience . ### candidate volunteers who have been identified and selected in accordance with article 11 shall be eligible to participate in the training programme . the individual scope and content of the training each candidate volunteer needs to accomplish shall be determined on the basis of his or her needs , taking into account prior experience , and on the needs and circumstances of the country to which he or she is sent .


### the network shall also provide and promote opportunities for on - line volunteering to complement and reinforce the activities of the eu aid volunteers . ### the network shall also provide and promote opportunities for on - line volunteering to complement and reinforce the activities of the eu aid volunteers . the commission should use existing european networks , which are efficient , such as the eures network . the eures network could be useful as , after six months of experience volunteers might want to use their humanitarian aid experience .


### these standards shall ensure duty of care and cover notably the responsibilities of the sending and hosting organisations , minimum requirements on the coverage of subsistence , accommodation and other relevant expenses , insurance coverage , security procedures and other relevant elements . ### these standards shall ensure duty of care and cover notably the responsibilities of the sending and hosting organisations , minimum requirements on the coverage of subsistence , accommodation and other relevant expenses , insurance coverage , security procedures and other relevant elements , such as the provision of meals and accommodation , transport from the international airport to the place of work , medical , travel and cancellation insurance and 24 - hour support and assistance for the team both on - site and at headquarters , as well as payment of other costs depending the country of action , the type of humanitarian aid and the terms under which the volunteer and / or the hosting or sending organisation may cancel .


### actions of the eu aid volunteers ### actions of the eu aid volunteers ' initiative


### the specific terms of deployment of volunteers shall be set - out in a contract between the sending organisations and the volunteer , including the duration and location of deployment and the tasks of the volunteer . ### the specific terms of deployment of volunteers shall be set - out in a contract between the sending organisations and the volunteer , including the duration and location of deployment and the tasks of the volunteer . the contract shall provide for , inter alia , payment of the volunteer ' s return air fare , the provision of meals and accommodation , transport from the international airport to the place of work , medical , travel and cancellation insurance and 24 - hour support and assistance for the team both on - site and at headquarters , as well as payment of other costs depending the country of action , the type of humanitarian aid and the terms under which the volunteer and / or the hosting or sending organisation may cancel .


### micro - enterprises in the social economy which employ persons who have lost their job or which employ disadvantaged persons , including the young . ### micro - enterprises , including those in the social economy , which employ persons who have lost their job or are at risk of losing their job , or which employ disadvantaged persons , including the young .


### micro - enterprises in the social economy which employ persons who have lost their job or which employ disadvantaged persons , including the young . ### micro - enterprises , including those in the social economy sector , which provide jobs for the unemployed , disadvantaged persons or people at risk of social exclusion .


### the commission shall carry out interim and final evaluations at its own initiative and in close cooperation with the international financial institutions referred to in article 5 . the interim evaluation shall be completed four years after the start of the facility and the final evaluation at the latest one year after the end of the mandate given to the international financial institutions referred to in article 5 . the final evaluation shall , in particular , examine the extent to which the facility as a whole has achieved its objectives . ### the commission shall carry out interim and final evaluations at its own initiative and in close cooperation with the international financial institutions referred to in article 5 . the interim evaluation shall be completed two years after the start of the facility and the final evaluation at the latest one year after the end of the mandate given to the international financial institutions referred to in article 5 . the final evaluation shall , in particular , examine the extent to which the facility as a whole has achieved its objectives and , if appropriate , make a proposal to increase the efficiency of the implementation of actions by the facility , also drawing on the experience of related programmes such as jeremie .


### if , on the basis of the in - depth review referred to in article 5 , the commission considers that the member state concerned is affected by excessive imbalances , it shall inform the council accordingly . ### if , on the basis of the in - depth review referred to in article 5 , the commission considers that the member state concerned is affected by excessive imbalances , it shall inform the european parliament and the council accordingly and draft the necessary recommendations to take corrective action . the recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action .


### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances . ### the warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances . the independence and confidentiality regime of the european systemic risk board should be strictly respected .


### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public . ### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the recommended corrective action in detail and the deadline within which it is recommended that the member state concerned should take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public .


### taking account of the discussions in the council and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by imbalances , and of whether these imbalances constitute excessive imbalances . ### taking account of the discussions in the council , the european parliament and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by macroeconomic imbalances , and of whether these macroeconomic imbalances constitute excessive imbalances . the in - depth review shall involve a surveillance mission by the commission to the member state concerned , in liaison with the ecb when the member state concerned is a member state participating in erm ii .


### the release of the updated scoreboard shall be accompanied by a commission report containing an economic and financial assessment putting the movement of the indicators into perspective , drawing if necessary on any other economic and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances . ### the release of the updated scoreboard shall be accompanied by a commission report containing a sound economic , social and financial assessment , notably of competitiveness and convergence , and putting the indicators into perspective , drawing if necessary on any other economic , social and financial or structural indicator relevant to detection of imbalances . best practices shall be taken into account . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances inside the member state concerned , in another member state or across the union as a whole . all the available information shall be taken into account and conclusions shall not be drawn from the scoreboard based on the indicators alone .


### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole . ### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the stability of public finances of a member state or of the economic and monetary union , or of the union as a whole .


### the scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for member states . the commission may set indicative lower or upper thresholds for these indicators to serve as alert levels . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states . ### the scoreboard , made up of an array of indicators for member states shall allow for comparisons between member states and reflect short - term , structural and medium - long term trends . the commission shall set indicative and symmetric lower or upper thresholds for these indicators to serve as alert levels .


### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other member states . the economic adjustment capacity and the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under article 121 of the treaty as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union , should also be considered . ### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other member states . particular attention should be paid to member states with large current - account deficits and low competitiveness . the economic adjustment capacity and the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under article 121 of the treaty as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union , should also be considered .


### there is a need to build upon the experience gained during the first decade of functioning of the economic and monetary union . ### experience gained during the first decade of functioning of the economic and monetary union shows a need for improved economic governance in the union , which should be built on a stronger national ownership of commonly agreed rules and policies and on a more robust surveillance framework at the union level of national economic and budgetary policies .


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of internal and external imbalances in the member state under review as well as in the euro area . it should be built on a detailed investigation of a broad range of economic variables and should acknowledge the national specificities regarding industrial relations and social dialogue . it should be discussed within the european parliament , the council and the euro group for the member states whose currency is the euro .


### if , on the basis of the in - depth review referred to in article 5 , the commission considers that the member state concerned is affected by excessive imbalances , it shall inform the council accordingly . ### if , on the basis of the in - depth review referred to in article 5 , the commission considers that the member state concerned is affected by excessive imbalances , it shall inform the european parliament and the council accordingly . the commission shall also inform the relevant european supervisory authorities and the esrb , which shall take the necessary steps .


### taking account of the discussions in the council and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by imbalances , and of whether these imbalances constitute excessive imbalances . ### taking account of the discussions in the council and the euro group , as provided for in article 4 , and the views of the european systemic risk board , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by imbalances , and of whether these imbalances constitute excessive imbalances .


### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances . ### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these should also warrant appropriate integration in the scoreboard and follow - up action by the commission in the context of the surveillance of imbalances .


### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public . ### the commission may adopt a recommendation to the council declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . the recommendation by the commission shall be deemed adopted by the council unless it decides , by qualified majority to reject the recommendation within ten days of the adoption of the recommendation by the commission . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public .


### the scoreboard should consist of a limited set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the composition of the scoreboard may evolve in time , inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics . ### the scoreboard should consist of a set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the commission should revise the indicators , together with the thresholds which they recommend , before each budgetary planning period , inter alia due to threats to macroeconomic stability .


### as part of the multilateral surveillance in accordance with article 121 of the treaty , the council shall discuss and adopt conclusions on the commission report . the euro group shall discuss the report as far as it relates , directly or indirectly , to member states whose currency is the euro . ### as part of the multilateral surveillance the commission shall present its report to the council . the euro group shall discuss the report as far as it relates , directly or indirectly , to member states whose currency is the euro . the council may reject the report by a qualified majority within 10 days . the report of the commission shall be made public .


### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty . ### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the european parliament and the council accordingly and then address the necessary recommendations to the member state concerned . the council may reject the recommendations by a qualified majority within 10 days .


### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty . ### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the european parliament and the council accordingly . the council , on a recommendation from the commission and after consulting the european parliament , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 tfeu .


### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances . ### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . they shall not interfere with the responsibility of the member state to pursue economic policies for growth and increased competiveness , but warrant appropriate integration in the scoreboard and follow - up action by the commission in the context of the surveillance of imbalances of importance to the economic and financial stability of the union and of the member state .


### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public . ### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the recommended corrective action in detail and the deadline within which it is recommended that the member state concerned should take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public .


### if economic circumstances change , the council , on a recommendation from the commission , may amend the recommendations adopted under article 7 in accordance with the procedure laid down in the same article . the member state concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in article 8 . ### if economic circumstances change , the commission may amend the recommendations adopted under article 7 in accordance with the procedure laid down in the same article . the council may reject the recommendations by a qualified majority within 10 days . the member state concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in article 8 .


### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public . ### the council may reject the recommendations by a qualified majority within 10 days . the commission may make its recommendations public .


### a procedure to monitor and correct adverse macroeconomic imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure . this may include enhanced surveillance missions by the commission to member states and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union . ### a procedure to monitor and correct adverse macroeconomic imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure . this should include enhanced surveillance missions by the commission to member states and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union .


### the scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for member states . the commission may set indicative lower or upper thresholds for these indicators to serve as alert levels . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states . ### the scoreboard , made up of an array of indicators for member states shall allow for comparisons between member states and reflect short - term , structural and medium - long term trends . the commission shall set indicative and symmetric lower or upper thresholds for these indicators to serve as alert levels .


### where pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case represents indirect land - use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . ### where pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case represents indirect land - use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emission . directives 98 / 70 / ec and 2009 / 28 / ec should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . owing to the specific features of european regions , these changes may have a strong impact at regional level , and it is therefore recommended that an impact assessment be carried out as soon as possible on the economic and social effects that this directive may have at regional level .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels will become increasingly important in the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework , in the event that an impact assessment carried out when the post - 2020 policy is being defined recommends such a measure .


### increased geographical and occupational mobility ; ### increased voluntary geographical and occupational mobility ;


### member states with regional autonomous public employment services shall ensure adequate representation in the specific initiatives of the network . ### member states with regional autonomous public employment services shall ensure adequate representation in the specific initiatives of the network . each member state shall have one vote in the ' network ' regardless of the number of regional employment services .


### enhancing public awareness and knowledge of union law and policies ; ### enhancing public awareness and knowledge of union law and policies , particularly with regard to human rights , fundamental freedoms , women ' s rights and the principles of gender quality and non - discrimination ;


### the programme shall aim to promote equality between women and men and combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation in all its activities . ### the programme referred to in this regulation shall promote and uphold in all of its activities women’s rights , the empowerment of women and the principles of equality between women and men and non - discrimination .


### the general objective of the programme shall be to contribute to the creation of a european area of justice by promoting judicial cooperation in civil and criminal matters . ### the general objective of the programme shall be to contribute to the creation of a european area of justice by promoting judicial cooperation in civil and criminal matters . the general objective of the programme shall of necessity be achieved through compliance with articles 8 , 9 , 10 , 11 and 18 of the treaty on the functioning of the european union and with the charter of fundamental rights of the european union .


### the appointing authority of each institution may introduce flexible working - time arrangements . officials to whom the provisions of the second paragraph of article 44 apply shall manage their working - time without resorting to such arrangements . ### the appointing authority of each institution may introduce flexible working - time arrangements . compensatory leave for overtime worked shall be granted in hours and may not exceed eight hours per calendar month . overtime must be approved by the directorate - general concerned and by the directorate - general for personnel before it is worked . applications for such approval must state the reasons for this exceptional situation , the circumstances which justify the compensatory leave , the number of staff involved and the estimated amount of overtime to be worked . officials to whom the provisions of the second paragraph of article 44 apply and officials in grades ad / ast 9 and above shall manage their working - time without resorting to such arrangements . ’


### article 51 shall be amended as follows : in the first sentence of paragraph 1 , the words ' each institution ' shall be replaced by ' the appointing authority of each institution ' ; in the first and in the last sentences of the first subparagraph of paragraph 6 , the words ' grade 1 ' shall be replaced by the words ' grade ast 1 ' ; ### article 51 shall be replaced by the following : ' article 51 the appointing authority of each institution shall define procedures to identify , deal with and remedy cases of incompetence in a timely and appropriate fashion . in any case , an official who , on the basis of three consecutive unsatisfactory annual reports referred to in article 43 , still shows no progress in his professional competence shall be downgraded by one grade . if , the next two annual reports still show an unsatisfactory performance , the official shall be dismissed . 2 . any proposal to downgrade or dismiss an official shall set out the reasons on which it is based and shall be communicated to the official concerned . the proposal from the appointing authority shall be referred to the joint advisory committee referred to in article 9 . 3 . the official shall have the right to obtain his complete personal file and to take copies of all documents relating to the procedure . he shall have at least fifteen days , but no longer than 30 days , from the date of receipt of the proposal to prepare a defence . he may be assisted by a person of his choice . the official may submit written comments . he shall be heard by the joint advisory committee . the official may also call witnesses . 4 . the institution shall be represented before the joint advisory committee by an official designated for that purpose by the appointing authority . that official shall have the same rights as the official concerned . 5 . in the light of the proposal under paragraph 2 and any written and verbal statements from the official concerned or from witnesses , the joint advisory committee shall deliver by a majority a reasoned opinion stating the measure which it considers appropriate in the light of the facts established at its request . it shall forward that opinion to the appointing authority and to the official concerned within two months of the date on which the matter is referred to it . the chairman shall not vote on decisions of the joint advisory committee , except in procedural matters and where votes are tied . 6 . an official dismissed for incompetence shall , for the period defined in paragraph 7 , be entitled to a monthly dismissal allowance equal to the basic monthly salary of an official in the first step of grade ast 1 . the official shall also be entitled during the same period to the family allowances provided for in article 67 . the household allowance shall be calculated on the basis of the basic monthly salary of an official in grade ast 1 in accordance with article 1 of annex vii . the allowance shall not be paid if the official resigns after the start of the procedure referred to in paragraphs 1 , 2 and 3 or if he is entitled to the immediate payment of a full pension . if he is entitled to unemployment benefit under a national unemployment scheme , the amount of that benefit shall be deducted from the above allowance . 7 . the period during which the payments referred to in paragraph 6 are to be made shall be : three months where the official has completed less than five years ' service at the date on which the dismissal decision is taken ; six months where the official has completed at least five years ' service but less than ten ; nine months where the official has completed at least 10 years ' service but less than 20 ; 12 months where the official has completed over 20 years ' service . 8 . officials who are downgraded on grounds of incompetence may after a period of six years ask for all references to that measure to be deleted from their personal files . 9 . officials shall be entitled to reimbursement of reasonable expenses incurred on their initiative in the course of the proceedings , including fees payable to a defending adviser not belonging to the institution , where the proceedings provided for in this article end without any decision being taken to dismiss or downgrade . ' ;


### the appointing authority of each institution may introduce flexible working - time arrangements . officials to whom the provisions of the second paragraph of article 44 apply shall manage their working - time without resorting to such arrangements . ### the appointing authority of each institution may introduce flexible working - time arrangements . compensation for overtime shall take the form of hours credited to the official’s working time account and may not exceed eight hours per calendar month . overtime must be approved in advance by the directorate - general concerned and by the directorate - general for human resources . applications for overtime shall specify the reasons for the exceptional situation , the circumstances justifying compensation , the number of workers involved and the estimated amount of overtime to be worked . officials to whom the provisions of the second paragraph of article 44 apply and officials in grades ad / ast 9 or above shall manage their working time without being entitled to compensatory leave pursuant to such arrangements .


### in article 29 , the following subparagraph shall be added to paragraph 1 : while maintaining the principle that the vast majority of officials shall be recruited on the basis of open competitions , the appointing authority may decide , by way of derogation from point , to hold a competition internal to the institution which shall also be open to contract staff as defined in articles 3a and 3b of the conditions of employment of other servants of the european union . ### in article 29 , point b should be replaced by the following : whether requests for transfer have been received from officials of the same grade in other institutions , and / or whether to hold a competition internal to the institution , which shall be open to officials and temporary staff as defined in article 2 of the conditions of employment of other servants of the european union and to contract staff as defined in articles 3a and 3b of the conditions of employment of other servants of the european union ;


### however , an official may at his own request and where the appointing authority considers it justified in the interest of the service , carry on working until the age of 67 , in which case he shall be retired automatically on the last day of the month in which he reaches that age . ### however , an official may at his own request , on condition that the appointing authority raises no justified objections , carry on working until the age of 67 , in which case he shall be retired automatically on the last day of the month in which he reaches that age .


### in paragraph 1 , the following sentence shall be inserted after the second sentence : ' unless the procedure laid down in articles 4 and 29 is applied , officials may only be promoted if they occupy a post which corresponds to one of the types of post set out in annex i , section a , for the next higher grade . ' ; ### paragraph 1 shall be replaced by the following : ' 1 . promotion shall be by decision of the appointing authority in the light of article 6 . it shall be effected by appointment of the official to the next higher grade in the function group to which he belongs . unless the procedure laid down in articles 4 and 29 is applied , officials may only be promoted if they occupy a post which corresponds to one of the types of post set out in annex i , section a , for the next higher grade . promotion shall be exclusively by selection from among officials who have completed a minimum of two years in their grade after consideration of the comparative merits of the officials eligible for promotion . the evaluation of comparative merits by the appointing authority shall be based on the reports on the officials , the use of languages in the execution of their duties other than the language for which they have produced evidence of thorough knowledge in accordance with article 28 and the level of responsibilities exercised by them . ' ;


### after a five - year period starting on 1 january 2013 , the commission shall report to the european parliament and to the council on the implementation of the preceding paragraph . ### the commission shall report before 1 march 2015 and 1 january 2018 to the european parliament and to the council on the implementation of the preceding paragraph .


### it is appropriate to provide a more flexible framework for the employment of contract staff . the institutions of the european union should therefore be enabled to engage contract staff for a maximum period of six years in order to perform tasks under the supervision of officials or temporary staff . in addition , while the vast majority of officials will continue to be recruited on the basis of open competitions , the institutions should be authorised to organise internal competitions which are also open to contract staff . ### it is appropriate to provide a more flexible framework for the employment of contract staff . the institutions of the european union should therefore be enabled to engage contract staff for a maximum period of six years in order to perform tasks under the supervision of officials or temporary staff . in addition , while the vast majority of officials will continue to be recruited on the basis of open competitions , the institutions should be authorised to organise internal competitions which are also open to contract staff , including those working for executive agencies .


### article 7 of annex v shall be replaced by the following : ' article 7 to the annual leave of officials entitled to the expatriation or foreign residence allowance shall be added travelling time based on the geographical distance between the place of employment and the place of origin , calculated as follows : – 250 to 600 km : one day of home travelling time , – 601 to 1200 km : two days of home travelling time , – more than 1200 km : three days of home travelling time . the preceding provisions shall apply to officials whose place of employment is within the territories of the member states . if the place of employment is outside these territories , the travelling time shall be fixed by special decision taking into account particular needs . where special leave is granted in pursuance of section 2 above , any home travelling time shall be fixed by special decision taking into account particular needs . ' ; ### article 7 of annex v shall be deleted ;


### ' specialised service ' means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service or any other service that are provided using the internet protocol and operated within closed electronic communications networks relying on admission control that provide the capability to access specific content , applications or services , or a combination thereof , based on extensive use of traffic management in order to ensure adequate service characteristics ; and that is not marketed or widely used as a substitute for internet access service ;


### regional fisheries management organisations are increasingly addressing the issue of shark finning and their scientific bodies are showing preference for the landing of sharks with their fins naturally attached to the body . ### regional fisheries management organisations are increasingly addressing the issue of shark finning world wide and their scientific bodies are showing a preference for the landing of sharks with their fins naturally attached to their bodies . however , in the union shark finning has been forbidden since 2003 and there is no evidence that it has been practised by the union fleet or in european waters .