CELEX: 
Language: en
Date: 2016-04-06
Title: Position of the Council at first reading with a view to the adoption of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

Council of the
                 European Union
                                                           Brussels, 6 April 2016
                                                           (OR. en)
                                                           5419/16
       Interinstitutional File:
          2012/0011 (COD)
                                                           DATAPROTECT 2
                                                           JAI 38
                                                           MI 25
                                                           DIGIT 21
                                                           DAPIX 9
                                                           FREMP 4
                                                           CODEC 52
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:            Position of the Council at first reading with a view to the adoption of a
                    REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
                    COUNCIL on the protection of natural persons with regard to the
                    processing of personal data and on the free movement of such data, and
                    repealing Directive 95/46/EC (General Data Protection Regulation)
5419/16                                                                AV/NT/sr
                                              DGD 2                                           EN
 ---pagebreak---                                     REGULATION (EU) 2016/…
                OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                                    of
                                on the protection of natural persons
                          with regard to the processing of personal data
                              and on the free movement of such data,
                                  and repealing Directive 95/46/EC
                               (General Data Protection Regulation)
                                      (Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16
thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee 1,
Having regard to the opinion of the Committee of the Regions 2,
Acting in accordance with the ordinary legislative procedure 3,
1
        OJ C 229, 31.7.2012, p. 90.
2
        OJ C 391, 18.12.2012, p. 127.
3
        Position of the European Parliament of 12 March 2014 (OJ …) and position of the Council
        of …. Position of the European Parliament of ... and decision of the Council of ....
5419/16                                                                   AV/NT/sr                 1
                                                  DGD 2                                       EN
 ---pagebreak--- Whereas:
(1)     The protection of natural persons in relation to the processing of personal data is a
        fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European
        Union (the 'Charter') and Article 16(1) of the Treaty on the Functioning of the European
        Union (TFEU) provide that everyone has the right to the protection of personal data
        concerning him or her.
(2)     The principles of, and rules on the protection of natural persons with regard to the
        processing of their personal data should, whatever their nationality or residence, respect
        their fundamental rights and freedoms, in particular their right to the protection of personal
        data. This Regulation is intended to contribute to the accomplishment of an area of
        freedom, security and justice and of an economic union, to economic and social progress,
        to the strengthening and the convergence of the economies within the internal market, and
        to the well-being of natural persons.
(3)     Directive 95/46/EC of the European Parliament and of the Council 1 seeks to harmonise the
        protection of fundamental rights and freedoms of natural persons in respect of processing
        activities and to ensure the free flow of personal data between Member States.
1
      Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on
      the protection of individuals with regard to the processing of personal data and on the free
      movement of such data (OJ L 281, 23.11.1995, p. 31).
5419/16                                                                AV/NT/sr                      2
                                                DGD 2                                             EN
 ---pagebreak--- (4)     The processing of personal data should be designed to serve mankind. The right to the
        protection of personal data is not an absolute right; it must be considered in relation to its
        function in society and be balanced against other fundamental rights, in accordance with
        the principle of proportionality. This Regulation respects all fundamental rights and
        observes the freedoms and principles recognised in the Charter as enshrined in the Treaties,
        in particular the respect for private and family life, home and communications,the
        protection of personal data, freedom of thought, conscience and religion, freedom of
        expression and information, freedom to conduct a business, the right to an effective
        remedy and to a fair trial, and cultural, religious and linguistic diversity.
(5)     The economic and social integration resulting from the functioning of the internal market
        has led to a substantial increase in cross-border flows of personal data. The exchange of
        personal data between public and private actors, including natural persons, associations
        and undertakings across the Union has increased. National authorities in the
        Member States are being called upon by Union law to cooperate and exchange personal
        data so as to be able to perform their duties or carry out tasks on behalf of an authority in
        another Member State.
5419/16                                                                   AV/NT/sr                     3
                                                DGD 2                                             EN
 ---pagebreak--- (6)     Rapid technological developments and globalisation have brought new challenges for the
        protection of personal data. The scale of the collection and sharing of personal data has
        increased significantly. Technology allows both private companies and public authorities
        to make use of personal data on an unprecedented scale in order to pursue their activities.
        Natural persons increasingly make personal information available publicly and globally.
        Technology has transformed both the economy and social life, and should further facilitate
        the free flow of personal data within the Union and the transfer to third countries and
        international organisations, while ensuring a high level of the protection of personal data.
(7)     Those developments require a strong and more coherent data protection framework in the
        Union, backed by strong enforcement, given the importance of creating the trust that will
        allow the digital economy to develop across the internal market. Natural persons should
        have control of their own personal data. Legal and practical certainty for natural persons,
        economic operators and public authorities should be enhanced.
(8)     Where this Regulation provides for specifications or restrictions of its rules by
        Member State law, Member States may, as far as necessary for coherence and for making
        the national provisions comprehensible to the persons to whom they apply, incorporate
        elements of this Regulation into their national law.
5419/16                                                                 AV/NT/sr                     4
                                               DGD 2                                             EN
 ---pagebreak--- (9)     The objectives and principles of Directive 95/46/EC remain sound, but it has not prevented
        fragmentation in the implementation of data protection across the Union, legal uncertainty
        or a widespread public perception that there are significant risks to the protection of natural
        persons, in particular with regard to online activity. Differences in the level of protection of
        the rights and freedoms of natural persons, in particular the right to the protection of
        personal data, with regard to the processing of personal data in the Member States may
        prevent the free flow of personal data throughout the Union. Those differences may
        therefore constitute an obstacle to the pursuit of economic activities at the level of the
        Union, distort competition and impede authorities in the discharge of their responsibilities
        under Union law. Such a difference in levels of protection is due to the existence of
        differences in the implementation and application of Directive 95/46/EC.
5419/16                                                                 AV/NT/sr                       5
                                                DGD 2                                              EN
 ---pagebreak--- (10)    In order to ensure a consistent and high level of protection of natural persons and to
        remove the obstacles to flows of personal data within the Union, the level of protection of
        the rights and freedoms of natural persons with regard to the processing of such data
        should be equivalent in all Member States. Consistent and homogenous application of the
        rules for the protection of the fundamental rights and freedoms of natural persons with
        regard to the processing of personal data should be ensured throughout the Union.
        Regarding the processing of personal data for compliance with a legal obligation, for the
        performance of a task carried out in the public interest or in the exercise of official
        authority vested in the controller, Member States should be allowed to maintain or
        introduce national provisions to further specify the application of the rules of this
        Regulation. In conjunction with the general and horizontal law on data protection
        implementing Directive 95/46/EC, Member States have several sector-specific laws in
        areas that need more specific provisions. This Regulation also provides a margin of
        manoeuvre for Member States to specify its rules, including for the processing of special
        categories of personal data ('sensitive data'). To that extent, this Regulation does not
        exclude Member State law that sets out the circumstances for specific processing
        situations, including determining more precisely the conditions under which the processing
        of personal data is lawful.
5419/16                                                                   AV/NT/sr                  6
                                                DGD 2                                            EN
 ---pagebreak--- (11)    Effective protection of personal data throughout the Union requires the strengthening and
        setting out in detail of the rights of data subjects and the obligations of those who process
        and determine the processing of personal data, as well as equivalent powers for monitoring
        and ensuring compliance with the rules for the protection of personal data and equivalent
        sanctions for infringements in the Member States.
(12)    Article 16(2) TFEU mandates the European Parliament and the Council to lay down the
        rules relating to the protection of natural persons with regard to the processing of personal
        data and the rules relating to the free movement of personal data.
5419/16                                                                   AV/NT/sr                    7
                                                  DGD 2                                           EN
 ---pagebreak--- (13)    In order to ensure a consistent level of protection for natural persons throughout the Union
        and to prevent divergences hampering the free movement of personal data within the
        internal market, a Regulation is necessary to provide legal certainty and transparency for
        economic operators, including micro, small and medium-sized enterprises, and to provide
        natural persons in all Member States with the same level of legally enforceable rights and
        obligations and responsibilities for controllers and processors, to ensure consistent
        monitoring of the processing of personal data, and equivalent sanctions in all
        Member States as well as effective cooperation between the supervisory authorities of
        different Member States. The proper functioning of the internal market requires that the
        free movement of personal data within the Union is not restricted or prohibited for reasons
        connected with the protection of natural persons with regard to the processing of personal
        data. To take account of the specific situation of micro, small and medium-sized
        enterprises, this Regulation includes a derogation for organisations with fewer than 250
        employees with regard to record-keeping. In addition, the Union institutions and bodies,
        and Member States and their supervisory authorities, are encouraged to take account of the
        specific needs of micro, small and medium-sized enterprises in the application of this
        Regulation. The notion of micro, small and medium-sized enterprises should draw from
        Article 2 of the Annex to Commission Recommendation 2003/361/EC 1.
1
      Commission Recommendation of 6 May 2003 concerning the definition of micro, small and
      medium-sized enterprises (C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).
5419/16                                                                  AV/NT/sr                   8
                                                DGD 2                                           EN
 ---pagebreak--- (14)    The protection afforded by this Regulation should apply to natural persons, whatever their
        nationality or place of residence, in relation to the processing of their personal data. This
        Regulation does not cover the processing of personal data which concerns legal persons
        and in particular undertakings established as legal persons, including the name and the
        form of the legal person and the contact details of the legal person.
(15)    In order to prevent creating a serious risk of circumvention, the protection of natural
        persons should be technologically neutral and should not depend on the techniques used.
        The protection of natural persons should apply to the processing of personal data by
        automated means, as well as to manual processing, if the personal data are contained or are
        intended to be contained in a filing system. Files or sets of files, as well as their cover
        pages, which are not structured according to specific criteria should not fall within the
        scope of this Regulation.
(16)    This Regulation does not apply to issues of protection of fundamental rights and freedoms
        or the free flow of personal data related to activities which fall outside the scope of Union
        law, such as activities concerning national security. This Regulation does not apply to the
        processing of personal data by the Member States when carrying out activities in relation
        to the common foreign and security policy of the Union.
5419/16                                                                   AV/NT/sr                    9
                                                DGD 2                                               EN
 ---pagebreak--- (17)    Regulation (EC) No 45/2001 of the European Parliament and of the Council 1 applies to the
        processing of personal data by the Union institutions, bodies, offices and agencies.
        Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of
        personal data should be adapted to the principles and rules established in this Regulation
        and applied in the light of this Regulation. In order to provide a strong and coherent data
        protection framework in the Union, the necessary adaptations of Regulation (EC)
        No 45/2001 should follow after the adoption of this Regulation, in order to allow
        application at the same time as this Regulation.
(18)    This Regulation does not apply to the processing of personal data by a natural person in the
        course of a purely personal or household activity and thus with no connection to a
        professional or commercial activity. Personal or household activities could include
        correspondence and the holding of addresses, or social networking and online activity
        undertaken within the context of such activities. However, this Regulation applies to
        controllers or processors which provide the means for processing personal data for such
        personal or household activities.
1
      Regulation (EC) No 45/2001 of the European Parliament and of the Council of
      18 December 2000 on the protection of individuals with regard to the processing of personal
      data by the Community institutions and bodies and on the free movement of such data
      (OJ L 8, 12.1.2001, p. 1).
5419/16                                                                 AV/NT/sr                    10
                                                DGD 2                                            EN
 ---pagebreak--- (19)    The protection of natural persons with regard to the processing of personal data by
        competent authorities for the purposes of the prevention, investigation, detection or
        prosecution of criminal offences or the execution of criminal penalties, including the
        safeguarding against and the prevention of threats to public security and the free movement
        of such data, is the subject of a specific Union legal act. This Regulation should not,
        therefore, apply to processing activities for those purposes. However, personal data
        processed by public authorities under this Regulation should, when used for those
        purposes, be governed by a more specific Union legal act, namely Directive (EU) 2016/…
        of the European Parliament and of the Council 1*. Member States may entrust competent
        authorities within the meaning of Directive (EU) 2016/… ** with tasks which are not
        necessarily carried out for the purposes of the prevention, investigation, detection or
        prosecution of criminal offences or the execution of criminal penalties, including the
        safeguarding against and prevention of threats to public security, so that the processing of
        personal data for those other purposes, in so far as it is within the scope of Union law, falls
        within the scope of this Regulation.
1
      Directive (EU) 2016/… of the European Parliament and of the Council on the protection of
      natural persons with regard to the processing of personal data by competent authorities for
      the purposes of prevention, investigation, detection or prosecution of criminal offences or
      the execution of criminal penalties, and the free movement of such data and repealing
      Council Framework Decision 2008/977/JHA (OJ L …).
*
      OJ: Please insert the number of the Directive in doc. st 5418/16 and the publication
      reference.
**
      OJ: Please insert the number of the Directive in doc. st 5418/16.
5419/16                                                                  AV/NT/sr                    11
                                                 DGD 2                                            EN
 ---pagebreak---         With regard to the processing of personal data by those competent authorities for purposes
        falling within scope of this Regulation, Member States should be able to maintain or
        introduce more specific provisions to adapt the application of the rules of this Regulation.
        Such provisions may determine more precisely specific requirements for the processing of
        personal data by those competent authorities for those other purposes, taking into account
        the constitutional, organisational and administrative structure of the respective Member
        State. When the processing of personal data by private bodies falls within the scope of this
        Regulation, this Regulation should provide for the possibility for Member States under
        specific conditions to restrict by law certain obligations and rights when such a restriction
        constitutes a necessary and proportionate measure in a democratic society to safeguard
        specific important interests including public security and the prevention, investigation,
        detection or prosecution of criminal offences or the execution of criminal penalties,
        including the safeguarding against and the prevention of threats to public security. This is
        relevant for instance in the framework of anti-money laundering or the activities of
        forensic laboratories.
5419/16                                                                  AV/NT/sr                   12
                                                DGD 2                                             EN
 ---pagebreak--- (20)    While this Regulation applies, inter alia, to the activities of courts and other judicial
        authorities, Union or Member State law could specify the processing operations and
        processing procedures in relation to the processing of personal data by courts and other
        judicial authorities. The competence of the supervisory authorities should not cover the
        processing of personal data when courts are acting in their judicial capacity, in order to
        safeguard the independence of the judiciary in the performance of its judicial tasks,
        including decision-making. It should be possible to entrust supervision of such data
        processing operations to specific bodies within the judicial system of the Member State,
        which should, in particular ensure compliance with the rules of this Regulation, enhance
        awareness among members of the judiciary of their obligations under this Regulation and
        handle complaints in relation to such data processing operations.
(21)    This Regulation is without prejudice to the application of Directive 2000/31/EC of the
        European Parliament and of the Council 1, in particular of the liability rules of intermediary
        service providers in Articles 12 to 15 of that Directive. That Directive seeks to contribute
        to the proper functioning of the internal market by ensuring the free movement of
        information society services between Member States.
1
      Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on
      certain legal aspects of information society services, in particular electronic commerce, in
      the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
5419/16                                                                   AV/NT/sr                  13
                                               DGD 2                                              EN
 ---pagebreak--- (22)    Any processing of personal data in the context of the activities of an establishment of a
        controller or a processor in the Union should be carried out in accordance with this
        Regulation, regardless of whether the processing itself takes place within the Union.
        Establishment implies the effective and real exercise of activity through stable
        arrangements. The legal form of such arrangements, whether through a branch or a
        subsidiary with a legal personality, is not the determining factor in that respect.
(23)    In order to ensure that natural persons are not deprived of the protection to which they are
        entitled under this Regulation, the processing of personal data of data subjects who are in
        the Union by a controller or a processor not established in the Union should be subject to
        this Regulation where the processing activities are related to offering goods or services to
        such data subjects irrespective of whether connected to a payment. In order to determine
        whether such a controller or processor is offering goods or services to data subjects who
        are in the Union, it should be ascertained whether it is apparent that the controller or
        processor envisages offering services to data subjects in one or more Member States in the
        Union. Whereas the mere accessibility of the controller's, processor's or an intermediary's
        website in the Union, of an email address or of other contact details, or the use of a
        language generally used in the third country where the controller is established, is
        insufficient to ascertain such intention, factors such as the use of a language or a currency
        generally used in one or more Member States with the possibility of ordering goods and
        services in that other language, or the mentioning of customers or users who are in the
        Union, may make it apparent that the controller envisages offering goods or services to
        data subjects in the Union.
5419/16                                                                  AV/NT/sr                    14
                                                DGD 2                                             EN
 ---pagebreak--- (24)    The processing of personal data of data subjects who are in the Union by a controller or
        processor not established in the Union should also be subject to this Regulation when it is
        related to the monitoring of the behaviour of such data subjects in so far as their behaviour
        takes place within the Union. In order to determine whether a processing activity can be
        considered to monitor the behaviour of data subjects, it should be ascertained whether
        natural persons are tracked on the internet including potential subsequent use of personal
        data processing techniques which consist of profiling a natural person, particularly in order
        to take decisions concerning her or him or for analysing or predicting her or his personal
        preferences, behaviours and attitudes.
(25)    Where Member State law applies by virtue of public international law, this Regulation
        should also apply to a controller not established in the Union, such as in a Member State's
        diplomatic mission or consular post.
5419/16                                                                 AV/NT/sr                   15
                                               DGD 2                                             EN
 ---pagebreak--- (26)    The principles of data protection should apply to any information concerning an identified
        or identifiable natural person. Personal data which have undergone pseudonymisation,
        which could be attributed to a natural person by the use of additional information should be
        considered to be information on an identifiable natural person. To determine whether a
        natural person is identifiable, account should be taken of all the means reasonably likely to
        be used, such as singling out, either by the controller or by another person to identify the
        natural person directly or indirectly. To ascertain whether means are reasonably likely to
        be used to identify the natural person, account should be taken of all objective factors, such
        as the costs of and the amount of time required for identification, taking into consideration
        the available technology at the time of the processing and technological developments. The
        principles of data protection should therefore not apply to anonymous information, namely
        information which does not relate to an identified or identifiable natural person or to
        personal data rendered anonymous in such a manner that the data subject is not or no
        longer identifiable. This Regulation does not therefore concern the processing of such
        anonymous information, including for statistical or research purposes.
(27)    This Regulation does not apply to the personal data of deceased persons. Member States
        may provide for rules regarding the processing of personal data of deceased persons.
(28)    The application of pseudonymisation to personal data can reduce the risks to the data
        subjects concerned and help controllers and processors to meet their data-protection
        obligations. The explicit introduction of 'pseudonymisation' in this Regulation is not
        intended to preclude any other measures of data protection.
5419/16                                                                  AV/NT/sr                    16
                                                DGD 2                                             EN
 ---pagebreak--- (29)    In order to create incentives to apply pseudonymisation when processing personal data,
        measures of pseudonymisation should, whilst allowing general analysis, be possible within
        the same controller when that controller has taken technical and organisational measures
        necessary to ensure, for the processing concerned, that this Regulation is implemented, and
        that additional information for attributing the personal data to a specific data subject is kept
        separately. The controller processing the personal data should indicate the authorised
        persons within the same controller.
(30)    Natural persons may be associated with online identifiers provided by their devices,
        applications, tools and protocols, such as internet protocol addresses, cookie identifiers or
        other identifiers such as radio frequency identification tags. This may leave traces which,
        in particular when combined with unique identifiers and other information received by the
        servers, may be used to create profiles of the natural persons and identify them.
(31)    Public authorities to which personal data are disclosed in accordance with a legal
        obligation for the exercise of their official mission, such as tax and customs authorities,
        financial investigation units, independent administrative authorities, or financial market
        authorities responsible for the regulation and supervision of securities markets should not
        be regarded as recipients if they receive personal data which are necessary to carry out a
        particular inquiry in the general interest, in accordance with Union or Member State law.
        The requests for disclosure sent by the public authorities should always be in writing,
        reasoned and occasional and should not concern the entirety of a filing system or lead to
        the interconnection of filing systems. The processing of personal data by those public
        authorities should comply with the applicable data-protection rules according to the
        purposes of the processing.
5419/16                                                                  AV/NT/sr                     17
                                                 DGD 2                                             EN
 ---pagebreak--- (32)    Consent should be given by a clear affirmative act establishing a freely given, specific,
        informed and unambiguous indication of the data subject's agreement to the processing of
        personal data relating to him or her, such as by a written statement, including by electronic
        means, or an oral statement. This could include ticking a box when visiting an internet
        website, choosing technical settings for information society services or another statement
        or conduct which clearly indicates in this context the data subject's acceptance of the
        proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity
        should not therefore constitute consent. Consent should cover all processing activities
        carried out for the same purpose or purposes. When the processing has multiple purposes,
        consent should be given for all of them. If the data subject's consent is to be given
        following a request by electronic means, the request must be clear, concise and not
        unnecessarily disruptive to the use of the service for which it is provided.
(33)    It is often not possible to fully identify the purpose of personal data processing for
        scientific research purposes at the time of data collection. Therefore, data subjects should
        be allowed to give their consent to certain areas of scientific research when in keeping with
        recognised ethical standards for scientific research. Data subjects should have the
        opportunity to give their consent only to certain areas of research or parts of research
        projects to the extent allowed by the intended purpose.
5419/16                                                                  AV/NT/sr                   18
                                                  DGD 2                                          EN
 ---pagebreak--- (34)    Genetic data should be defined as personal data relating to the inherited or acquired genetic
        characteristics of a natural person which result from the analysis of a biological sample
        from the natural person in question, in particular chromosomal, deoxyribonucleic acid
        (DNA) or ribonucleic acid (RNA) analysis, or from the analysis of another element
        enabling equivalent information to be obtained.
(35)    Personal data concerning health should include all data pertaining to the health status of a
        data subject which reveal information relating to the past, current or future physical or
        mental health status of the data subject. This includes information about the natural person
        collected in the course of the registration for, or the provision of, health care services as
        referred to in Directive 2011/24/EU of the European Parliament and of the Council 1 to that
        natural person; a number, symbol or particular assigned to a natural person to uniquely
        identify the natural person for health purposes; information derived from the testing or
        examination of a body part or bodily substance, including from genetic data and biological
        samples; and any information on, for example, a disease, disability, disease risk, medical
        history, clinical treatment or the physiological or biomedical state of the data subject
        independent of its source, for example from a physician or other health professional, a
        hospital, a medical device or an in vitro diagnostic test.
1
      Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on
      the application of patients' rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).
5419/16                                                                   AV/NT/sr                    19
                                                 DGD 2                                              EN
 ---pagebreak--- (36)    The main establishment of a controller in the Union should be the place of its central
        administration in the Union, unless the decisions on the purposes and means of the
        processing of personal data are taken in another establishment of the controller in the
        Union, in which case that other establishment should be considered to be the main
        establishment. The main establishment of a controller in the Union should be determined
        according to objective criteria and should imply the effective and real exercise of
        management activities determining the main decisions as to the purposes and means of
        processing through stable arrangements. That criterion should not depend on whether the
        processing of personal data is carried out at that location. The presence and use of technical
        means and technologies for processing personal data or processing activities do not, in
        themselves, constitute a main establishment and are therefore not determining criteria for a
        main establishment. The main establishment of the processor should be the place of its
        central administration in the Union or, if it has no central administration in the Union, the
        place where the main processing activities take place in the Union. In cases involving both
        the controller and the processor, the competent lead supervisory authority should remain
        the supervisory authority of the Member State where the controller has its main
        establishment, but the supervisory authority of the processor should be considered to be a
        supervisory authority concerned and that supervisory authority should participate in the
        cooperation procedure provided for by this Regulation. In any case, the supervisory
        authorities of the Member State or Member States where the processor has one or more
        establishments should not be considered to be supervisory authorities concerned where the
        draft decision concerns only the controller. Where the processing is carried out by a group
        of undertakings, the main establishment of the controlling undertaking should be
        considered to be the main establishment of the group of undertakings, except where the
        purposes and means of processing are determined by another undertaking.
5419/16                                                                 AV/NT/sr                     20
                                               DGD 2                                              EN
 ---pagebreak--- (37)    A group of undertakings should cover a controlling undertaking and its controlled
        undertakings, whereby the controlling undertaking should be the undertaking which can
        exert a dominant influence over the other undertakings by virtue, for example, of
        ownership, financial participation or the rules which govern it or the power to have
        personal data protection rules implemented. An undertaking which controls the processing
        of personal data in undertakings affiliated to it should be regarded, together with those
        undertakings, as a group of undertakings.
(38)    Children merit specific protection with regard to their personal data, as they may be less
        aware of the risks, consequences and safeguards concerned and their rights in relation to
        the processing of personal data. Such specific protection should, in particular, apply to the
        use of personal data of children for the purposes of marketing or creating personality or
        user profiles and the collection of personal data with regard to children when using
        services offered directly to a child. The consent of the holder of parental responsibility
        should not be necessary in the context of preventive or counselling services offered
        directly to a child.
5419/16                                                                 AV/NT/sr                    21
                                                DGD 2                                             EN
 ---pagebreak--- (39)    Any processing of personal data should be lawful and fair. It should be transparent to
        natural persons that personal data concerning them are collected, used, consulted or
        otherwise processed and to what extent the personal data are or will be processed. The
        principle of transparency requires that any information and communication relating to the
        processing of those personal data be easily accessible and easy to understand, and that
        clear and plain language be used. That principle concerns, in particular, information to the
        data subjects on the identity of the controller and the purposes of the processing and further
        information to ensure fair and transparent processing in respect of the natural persons
        concerned and their right to obtain confirmation and communication of personal data
        concerning them which are being processed. Natural persons should be made aware of
        risks, rules, safeguards and rights in relation to the processing of personal data and how to
        exercise their rights in relation to such processing. In particular, the specific purposes for
        which personal data are processed should be explicit and legitimate and determined at the
        time of the collection of the personal data. The personal data should be adequate, relevant
        and limited to what is necessary for the purposes for which they are processed. This
        requires, in particular, ensuring that the period for which the personal data are stored is
        limited to a strict minimum. Personal data should be processed only if the purpose of the
        processing could not reasonably be fulfilled by other means. In order to ensure that the
        personal data are not kept longer than necessary, time limits should be established by the
        controller for erasure or for a periodic review. Every reasonable step should be taken to
        ensure that personal data which are inaccurate are rectified or deleted. Personal data should
        be processed in a manner that ensures appropriate security and confidentiality of the
        personal data, including for preventing unauthorised access to or use of personal data and
        the equipment used for the processing.
5419/16                                                                  AV/NT/sr                      22
                                                 DGD 2                                             EN
 ---pagebreak--- (40)    In order for processing to be lawful, personal data should be processed on the basis of the
        consent of the data subject concerned or some other legitimate basis, laid down by law,
        either in this Regulation or in other Union or Member State law as referred to in this
        Regulation, including the necessity for compliance with the legal obligation to which the
        controller is subject or the necessity for the performance of a contract to which the data
        subject is party or in order to take steps at the request of the data subject prior to entering
        into a contract.
(41)    Where this Regulation refers to a legal basis or a legislative measure , this does not
        necessarily require a legislative act adopted by a parliament, without prejudice to
        requirements pursuant to the constitutional order of the Member State concerned.
        However, such a legal basis or legislative measure should be clear and precise and its
        application should be foreseeable to persons subject to it, in accordance with the case-law
        of the Court of Justice of the European Union ('Court of Justice') and the European Court
        of Human Rights.
5419/16                                                                   AV/NT/sr                      23
                                                 DGD 2                                               EN
 ---pagebreak--- (42)    Where processing is based on the data subject's consent, the controller should be able to
        demonstrate that the data subject has given consent to the processing operation. In
        particular in the context of a written declaration on another matter, safeguards should
        ensure that the data subject is aware of the fact that and the extent to which consent is
        given. In accordance with Council Directive 93/13/EEC 1 a declaration of consent
        pre-formulated by the controller should be provided in an intelligible and easily accessible
        form, using clear and plain language and it should not contain unfair terms. For consent to
        be informed, the data subject should be aware at least of the identity of the controller and
        the purposes of the processing for which the personal data are intended. Consent should
        not be regarded as freely given if the data subject has no genuine or free choice or is unable
        to refuse or withdraw consent without detriment.
(43)    In order to ensure that consent is freely given, consent should not provide a valid legal
        ground for the processing of personal data in a specific case where there is a clear
        imbalance between the data subject and the controller, in particular where the controller is
        a public authority and it is therefore unlikely that consent was freely given in all the
        circumstances of that specific situation. Consent is presumed not to be freely given if it
        does not allow separate consent to be given to different personal data processing operations
        despite it being appropriate in the individual case, or if the performance of a contract,
        including the provision of a service, is dependent on the consent despite such consent not
        being necessary for such performance.
1
      Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
      (OJ L 95, 21.4.1993, p. 29).
5419/16                                                                  AV/NT/sr                   24
                                                DGD 2                                             EN
 ---pagebreak--- (44)    Processing should be lawful where it is necessary in the context of a contract or the
        intention to enter into a contract.
(45)    Where processing is carried out in accordance with a legal obligation to which the
        controller is subject or where processing is necessary for the performance of a task carried
        out in the public interest or in the exercise of official authority, the processing should have
        a basis in Union or Member State law. This Regulation does not require a specific law for
        each individual processing. A law as a basis for several processing operations based on a
        legal obligation to which the controller is subject or where processing is necessary for the
        performance of a task carried out in the public interest or in the exercise of an official
        authority may be sufficient. It should also be for Union or Member State law to determine
        the purpose of processing. Furthermore, that law could specify the general conditions of
        this Regulation governing the lawfulness of personal data processing, establish
        specifications for determining the controller, the type of personal data which are subject to
        the processing, the data subjects concerned, the entities to which the personal data may be
        disclosed, the purpose limitations, the storage period and other measures to ensure lawful
        and fair processing. It should also be for Union or Member State law to determine whether
        the controller performing a task carried out in the public interest or in the exercise of
        official authority should be a public authority or another natural or legal person governed
        by public law, or, where it is in the public interest to do so, including for health purposes
        such as public health and social protection and the management of health care services, by
        private law, such as a professional association.
5419/16                                                                    AV/NT/sr                   25
                                                 DGD 2                                             EN
 ---pagebreak--- (46)    The processing of personal data should also be regarded to be lawful where it is necessary
        to protect an interest which is essential for the life of the data subject or that of another
        natural person. Processing of personal data based on the vital interest of another natural
        person should in principle take place only where the processing cannot be manifestly based
        on another legal basis. Some types of processing may serve both important grounds of
        public interest and the vital interests of the data subject as for instance when processing is
        necessary for humanitarian purposes, including for monitoring epidemics and their spread
        or in situations of humanitarian emergencies, in particular in situations of natural and
        man-made disasters.
5419/16                                                                    AV/NT/sr                   26
                                                 DGD 2                                               EN
 ---pagebreak--- (47)    The legitimate interests of a controller, including those of a controller to which the
        personal data may be disclosed, or of a third party, may provide a legal basis for
        processing, provided that the interests or the fundamental rights and freedoms of the data
        subject are not overriding, taking into consideration the reasonable expectations of data
        subjects based on their relationship with the controller. Such legitimate interest could exist
        for example where there is a relevant and appropriate relationship between the data subject
        and the controller in situations such as where the data subject is a client or in the service of
        the controller. At any rate the existence of a legitimate interest would need careful
        assessment including whether a data subject can reasonably expect at the time and in the
        context of the collection of the personal data that processing for that purpose may take
        place. The interests and fundamental rights of the data subject could in particular override
        the interest of the data controller where personal data are processed in circumstances where
        data subjects do not reasonably expect further processing. Given that it is for the legislator
        to provide by law for the legal basis for public authorities to process personal data, that
        legal basis should not apply to the processing by public authorities in the performance of
        their tasks. The processing of personal data strictly necessary for the purposes of
        preventing fraud also constitutes a legitimate interest of the data controller concerned. The
        processing of personal data for direct marketing purposes may be regarded as carried out
        for a legitimate interest.
5419/16                                                                  AV/NT/sr                     27
                                                DGD 2                                              EN
 ---pagebreak--- (48)    Controllers that are part of a group of undertakings or institutions affiliated to a central
        body may have a legitimate interest in transmitting personal data within the group of
        undertakings for internal administrative purposes, including the processing of clients' or
        employees' personal data. The general principles for the transfer of personal data, within a
        group of undertakings, to an undertaking located in a third country remain unaffected.
(49)    The processing of personal data to the extent strictly necessary and proportionate for the
        purposes of ensuring network and information security, i.e. the ability of a network or an
        information system to resist, at a given level of confidence, accidental events or unlawful
        or malicious actions that compromise the availability, authenticity, integrity and
        confidentiality of stored or transmitted personal data, and the security of the related
        services offered by, or accessible via, those networks and systems, by public authorities, by
        computer emergency response teams (CERTs), computer security incident response teams
        (CSIRTs), by providers of electronic communications networks and services and by
        providers of security technologies and services, constitutes a legitimate interest of the data
        controller concerned. This could, for example, include preventing unauthorised access to
        electronic communications networks and malicious code distribution and stopping 'denial
        of service' attacks and damage to computer and electronic communication systems.
5419/16                                                                  AV/NT/sr                    28
                                                DGD 2                                              EN
 ---pagebreak--- (50)    The processing of personal data for purposes other than those for which the personal data
        were initially collected should be allowed only where the processing is compatible with the
        purposes for which the personal data were initially collected. In such a case, no legal basis
        separate from that which allowed the collection of the personal data is required. If the
        processing is necessary for the performance of a task carried out in the public interest or in
        the exercise of official authority vested in the controller, Union or Member State law may
        determine and specify the tasks and purposes for which the further processing should be
        regarded as compatible and lawful. Further processing for archiving purposes in the public
        interest, scientific or historical research purposes or statistical purposes should be
        considered to be compatible lawful processing operations. The legal basis provided by
        Union or Member State law for the processing of personal data may also provide a legal
        basis for further processing. In order to ascertain whether a purpose of further processing is
        compatible with the purpose for which the personal data are initially collected, the
        controller, after having met all the requirements for the lawfulness of the original
        processing, should take into account, inter alia: any link between those purposes and the
        purposes of the intended further processing; the context in which the personal data have
        been collected, in particular the reasonable expectations of data subjects based on their
        relationship with the controller as to their further use; the nature of the personal data; the
        consequences of the intended further processing for data subjects; and the existence of
        appropriate safeguards in both the original and intended further processing operations.
5419/16                                                                    AV/NT/sr                    29
                                                  DGD 2                                             EN
 ---pagebreak---         Where the data subject has given consent or the processing is based on Union or Member
        State law which constitutes a necessary and proportionate measure in a democratic society
        to safeguard, in particular, important objectives of general public interest, the controller
        should be allowed to further process the personal data irrespective of the compatibility of
        the purposes. In any case, the application of the principles set out in this Regulation and in
        particular the information of the data subject on those other purposes and on his or her
        rights including the right to object, should be ensured. Indicating possible criminal acts or
        threats to public security by the controller and transmitting the relevant personal data in
        individual cases or in several cases relating to the same criminal act or threats to public
        security to a competent authority should be regarded as being in the legitimate interest
        pursued by the controller. However, such transmission in the legitimate interest of the
        controller or further processing of personal data should be prohibited if the processing is
        not compatible with a legal, professional or other binding obligation of secrecy.
5419/16                                                                  AV/NT/sr                    30
                                                DGD 2                                              EN
 ---pagebreak--- (51)    Personal data which are, by their nature, particularly sensitive in relation to fundamental
        rights and freedoms merit specific protection as the context of their processing could create
        significant risks to the fundamental rights and freedoms. Those personal data should
        include personal data revealing racial or ethnic origin, whereby the use of the term 'racial
        origin' in this Regulation does not imply an acceptance by the Union of theories which
        attempt to determine the existence of separate human races. The processing of photographs
        should not systematically be considered to be processing of special categories of personal
        data as they are covered by the definition of biometric data only when processed through a
        specific technical means allowing the unique identification or authentication of a natural
        person. Such personal data should not be processed, unless processing is allowed in
        specific cases set out in this Regulation, taking into account that Member States law may
        lay down specific provisions on data protection in order to adapt the application of the
        rules of this Regulation for compliance with a legal obligation or for the performance of a
        task carried out in the public interest or in the exercise of official authority vested in the
        controller. In addition to the specific requirements for such processing, the general
        principles and other rules of this Regulation should apply, in particular as regards the
        conditions for lawful processing. Derogations from the general prohibition for processing
        such special categories of personal data should be explicitly provided, inter alia, where the
        data subject gives his or her explicit consent or in respect of specific needs in particular
        where the processing is carried out in the course of legitimate activities by certain
        associations or foundations the purpose of which is to permit the exercise of fundamental
        freedoms.
5419/16                                                                   AV/NT/sr                     31
                                                 DGD 2                                               EN
 ---pagebreak--- (52)    Derogating from the prohibition on processing special categories of personal data should
        also be allowed when provided for in Union or Member State law and subject to suitable
        safeguards, so as to protect personal data and other fundamental rights, where it is in the
        public interest to do so, in particular processing personal data in the field of employment
        law, social protection law including pensions and for health security, monitoring and alert
        purposes, the prevention or control of communicable diseases and other serious threats to
        health. Such a derogation may be made for health purposes, including public health and the
        management of health-care services, especially in order to ensure the quality and
        cost-effectiveness of the procedures used for settling claims for benefits and services in the
        health insurance system, or for archiving purposes in the public interest, scientific or
        historical research purposes or statistical purposes. A derogation should also allow the
        processing of such personal data where necessary for the establishment, exercise or
        defence of legal claims, whether in court proceedings or in an administrative or
        out-of-court procedure.
5419/16                                                                  AV/NT/sr                   32
                                                 DGD 2                                           EN
 ---pagebreak--- (53)    Special categories of personal data which merit higher protection should be processed for
        health-related purposes only where necessary to achieve those purposes for the benefit of
        natural persons and society as a whole, in particular in the context of the management of
        health or social care services and systems, including processing by the management and
        central national health authorities of such data for the purpose of quality control,
        management information and the general national and local supervision of the health or
        social care system, and ensuring continuity of health or social care and cross-border
        healthcare or health security, monitoring and alert purposes, or for archiving purposes in
        the public interest, scientific or historical research purposes or statistical purposes, based
        on Union or Member State law which has to meet an objective of public interest, as well as
        for studies conducted in the public interest in the area of public health. Therefore, this
        Regulation should provide for harmonised conditions for the processing of special
        categories of personal data concerning health, in respect of specific needs, in particular
        where the processing of such data is carried out for certain health-related purposes by
        persons subject to a legal obligation of professional secrecy. Union or Member State law
        should provide for specific and suitable measures so as to protect the fundamental rights
        and the personal data of natural persons. Member States should be allowed to maintain or
        introduce further conditions, including limitations, with regard to the processing of genetic
        data, biometric data or data concerning health. However, this should not hamper the free
        flow of personal data within the Union when those conditions apply to cross-border
        processing of such data.
5419/16                                                                   AV/NT/sr                     33
                                                  DGD 2                                             EN
 ---pagebreak--- (54)    The processing of special categories of personal data may be necessary for reasons of
        public interest in the areas of public health without consent of the data subject. Such
        processing should be subject to suitable and specific measures so as to protect the rights
        and freedoms of natural persons. In that context, 'public health' should be interpreted as
        defined in Regulation (EC) No 1338/2008 of the European Parliament and of the Council 1,
        namely all elements related to health, namely health status, including morbidity and
        disability, the determinants having an effect on that health status, health care needs,
        resources allocated to health care, the provision of, and universal access to, health care as
        well as health care expenditure and financing, and the causes of mortality. Such processing
        of data concerning health for reasons of public interest should not result in personal data
        being processed for other purposes by third parties such as employers or insurance and
        banking companies.
(55)    Moreover, the processing of personal data by official authorities for the purpose of
        achieving the aims, laid down in constitutional law or international public law, of officially
        recognised religious associations, is carried out on grounds of public interest.
(56)    Where in the course of electoral activities, the operation of the democratic system in a
        Member State requires that political parties compile personal data on people's political
        opinions, the processing of such data may be permitted for reasons of public interest,
        provided that appropriate safeguards are established.
1
      Regulation (EC) No 1338/2008 of the European Parliament and of the Council of
      16 December 2008 on Community statistics on public health and health and safety at work
      (OJ L 354, 31.12.2008, p. 70).
5419/16                                                                 AV/NT/sr                     34
                                                DGD 2                                             EN
 ---pagebreak--- (57)    If the personal data processed by a controller do not permit the controller to identify a
        natural person, the data controller should not be obliged to acquire additional information
        in order to identify the data subject for the sole purpose of complying with any provision of
        this Regulation. However, the controller should not refuse to take additional information
        provided by the data subject in order to support the exercise of his or her rights.
        Identification should include the digital identification of a data subject, for example
        through authentication mechanism such as the same credentials, used by the data subject to
        log-in to the on-line service offered by the data controller.
(58)    The principle of transparency requires that any information addressed to the public or to
        the data subject be concise, easily accessible and easy to understand, and that clear and
        plain language and, additionally, where appropriate, visualisation be used. Such
        information could be provided in electronic form, for example, when addressed to the
        public, through a website. This is of particular relevance in situations where the
        proliferation of actors and the technological complexity of practice make it difficult for the
        data subject to know and understand whether, by whom and for what purpose personal data
        relating to him or her are being collected, such as in the case of online advertising. Given
        that children merit specific protection, any information and communication, where
        processing is addressed to a child, should be in such a clear and plain language that the
        child can easily understand.
5419/16                                                                  AV/NT/sr                   35
                                                 DGD 2                                            EN
 ---pagebreak--- (59)    Modalities should be provided for facilitating the exercise of the data subject's rights under
        this Regulation, including mechanisms to request and, if applicable, obtain, free of charge,
        in particular, access to and rectification or erasure of personal data and the exercise of the
        right to object. The controller should also provide means for requests to be made
        electronically, especially where personal data are processed by electronic means. The
        controller should be obliged to respond to requests from the data subject without undue
        delay and at the latest within one month and to give reasons where the controller does not
        intend to comply with any such requests.
(60)    The principles of fair and transparent processing require that the data subject be informed
        of the existence of the processing operation and its purposes. The controller should provide
        the data subject with any further information necessary to ensure fair and transparent
        processing taking into account the specific circumstances and context in which the
        personal data are processed. Furthermore, the data subject should be informed of the
        existence of profiling and the consequences of such profiling. Where the personal data are
        collected from the data subject, the data subject should also be informed whether he or she
        is obliged to provide the personal data and of the consequences, where he or she does not
        provide such data. That information may be provided in combination with standardised
        icons in order to give in an easily visible, intelligible and clearly legible manner, a
        meaningful overview of the intended processing. Where the icons are presented
        electronically, they should be machine-readable.
5419/16                                                                   AV/NT/sr                    36
                                                 DGD 2                                             EN
 ---pagebreak--- (61)    The information in relation to the processing of personal data relating to the data subject
        should be given to him or her at the time of collection from the data subject, or, where the
        personal data are obtained from another source, within a reasonable period, depending on
        the circumstances of the case. Where personal data can be legitimately disclosed to another
        recipient, the data subject should be informed when the personal data are first disclosed to
        the recipient. Where the controller intends to process the personal data for a purpose other
        than that for which they were collected, the controller should provide the data subject prior
        to that further processing with information on that other purpose and other necessary
        information. Where the origin of the personal data cannot be provided to the data subject
        because various sources have been used, general information should be provided.
(62)    However, it is not necessary to impose the obligation to provide information where the
        data subject already possesses the information, where the recording or disclosure of the
        personal data is expressly laid down by law or where the provision of information to the
        data subject proves to be impossible or would involve a disproportionate effort. The latter
        could in particular be the case where processing is carried out for archiving purposes in the
        public interest, scientific or historical research purposes or statistical purposes. In that
        regard, the number of data subjects, the age of the data and any appropriate safeguards
        adopted should be taken into consideration.
5419/16                                                                   AV/NT/sr                    37
                                                  DGD 2                                              EN
 ---pagebreak--- (63)    A data subject should have the right of access to personal data which have been collected
        concerning him or her, and to exercise that right easily and at reasonable intervals, in order
        to be aware of, and verify, the lawfulness of the processing. This includes the right for data
        subjects to have access to data concerning their health, for example the data in their
        medical records containing information such as diagnoses, examination results,
        assessments by treating physicians and any treatment or interventions provided. Every data
        subject should therefore have the right to know and obtain communication in particular
        with regard to the purposes for which the personal data are processed, where possible the
        period for which the personal data are processed, the recipients of the personal data, the
        logic involved in any automatic personal data processing and, at least when based on
        profiling, the consequences of such processing. Where possible, the controller should be
        able to provide remote access to a secure system which would provide the data subject
        with direct access to his or her personal data. That right should not adversely affect the
        rights or freedoms of others, including trade secrets or intellectual property and in
        particular the copyright protecting the software. However, the result of those
        considerations should not be a refusal to provide all information to the data subject. Where
        the controller processes a large quantity of information concerning the data subject, the
        controller should be able to request that, before the information is delivered, the data
        subject specify the information or processing activities to which the request relates.
5419/16                                                                  AV/NT/sr                   38
                                               DGD 2                                              EN
 ---pagebreak--- (64)    The controller should use all reasonable measures to verify the identity of a data subject
        who requests access, in particular in the context of online services and online identifiers. A
        controller should not retain personal data for the sole purpose of being able to react to
        potential requests.
(65)    A data subject should have the right to have personal data concerning him or her rectified
        and a 'right to be forgotten' where the retention of such data infringes this Regulation or
        Union or Member State law to which the controller is subject. In particular, a data subject
        should have the right to have his or her personal data erased and no longer processed where
        the personal data are no longer necessary in relation to the purposes for which they are
        collected or otherwise processed, where a data subject has withdrawn his or her consent or
        objects to the processing of personal data concerning him or her, or where the processing
        of his or her personal data does not otherwise comply with this Regulation. That right is
        relevant in particular where the data subject has given his or her consent as a child and is
        not fully aware of the risks involved by the processing, and later wants to remove such
        personal data, especially on the internet. The data subject should be able to exercise that
        right notwithstanding the fact that he or she is no longer a child. However, the further
        retention of the personal data should be lawful where it is necessary, for exercising the
        right of freedom of expression and information, for compliance with a legal obligation, for
        the performance of a task carried out in the public interest or in the exercise of official
        authority vested in the controller, on the grounds of public interest in the area of public
        health, for archiving purposes in the public interest, scientific or historical research
        purposes or statistical purposes, or for the establishment, exercise or defence of legal
        claims.
5419/16                                                                   AV/NT/sr                   39
                                                DGD 2                                               EN
 ---pagebreak--- (66)    To strengthen the right to be forgotten in the online environment, the right to erasure
        should also be extended in such a way that a controller who has made the personal data
        public should be obliged to inform the controllers which are processing such personal data
        to erase any links to, or copies or replications of those personal data. In doing so, that
        controller should take reasonable steps, taking into account available technology and the
        means available to the controller, including technical measures, to inform the controllers
        which are processing the personal data of the data subject's request.
(67)    Methods by which to restrict the processing of personal data could include, inter alia,
        temporarily moving the selected data to another processing system, making the selected
        personal data unavailable to users, or temporarily removing published data from a website.
        In automated filing systems, the restriction of processing should in principle be ensured by
        technical means in such a manner that the personal data are not subject to further
        processing operations and cannot be changed. The fact that the processing of personal data
        is restricted should be clearly indicated in the system.
5419/16                                                                 AV/NT/sr                    40
                                                 DGD 2                                             EN
 ---pagebreak--- (68)    To further strengthen the control over his or her own data, where the processing of
        personal data is carried out by automated means, the data subject should also be allowed to
        receive personal data concerning him or her which he or she has provided to a controller in
        a structured, commonly used, machine-readable and interoperable format, and to transmit it
        to another controller. Data controllers should be encouraged to develop interoperable
        formats that enable data portability. That right should apply where the data subject
        provided the personal data on the basis of his or her consent or the processing is necessary
        for the performance of a contract. It should not apply where processing is based on a legal
        ground other than consent or contract. By its very nature, that right should not be exercised
        against controllers processing personal data in the exercise of their public duties. It should
        therefore not apply where the processing of the personal data is necessary for compliance
        with a legal obligation to which the controller is subject or for the performance of a task
        carried out in the public interest or in the exercise of an official authority vested in the
        controller. The data subject's right to transmit or receive personal data concerning him or
        her should not create an obligation for the controllers to adopt or maintain processing
        systems which are technically compatible. Where, in a certain set of personal data, more
        than one data subject is concerned, the right to receive the personal data should be without
        prejudice to the rights and freedoms of other data subjects in accordance with this
        Regulation. Furthermore, that right should not prejudice the right of the data subject to
        obtain the erasure of personal data and the limitations of that right as set out in this
        Regulation and should, in particular, not imply the erasure of personal data concerning the
        data subject which have been provided by him or her for the performance of a contract to
        the extent that and for as long as the personal data are necessary for the performance of
        that contract. Where technically feasible, the data subject should have the right to have the
        personal data transmitted directly from one controller to another.
5419/16                                                                   AV/NT/sr                    41
                                                  DGD 2                                              EN
 ---pagebreak--- (69)    Where personal data might lawfully be processed because processing is necessary for the
        performance of a task carried out in the public interest or in the exercise of official
        authority vested in the controller, or on grounds of the legitimate interests of a controller or
        a third party, a data subject should, nevertheless, be entitled to object to the processing of
        any personal data relating to his or her particular situation. It should be for the controller to
        demonstrate that its compelling legitimate interest overrides the interests or the
        fundamental rights and freedoms of the data subject.
(70)    Where personal data are processed for the purposes of direct marketing, the data subject
        should have the right to object to such processing, including profiling to the extent that it is
        related to such direct marketing, whether with regard to initial or further processing, at any
        time and free of charge. That right should be explicitly brought to the attention of the data
        subject and presented clearly and separately from any other information.
5419/16                                                                    AV/NT/sr                    42
                                                DGD 2                                               EN
 ---pagebreak--- (71)    The data subject should have the right not to be subject to a decision, which may include a
        measure, evaluating personal aspects relating to him or her which is based solely on
        automated processing and which produces legal effects concerning him or her or similarly
        significantly affects him or her, such as automatic refusal of an online credit application or
        e-recruiting practices without any human intervention. Such processing includes 'profiling'
        that consists of any form of automated processing of personal data evaluating the personal
        aspects relating to a natural person, in particular to analyse or predict aspects concerning
        the data subject's performance at work, economic situation, health, personal preferences or
        interests, reliability or behaviour, location or movements, where it produces legal effects
        concerning him or her or similarly significantly affects him or her. However,
        decision-making based on such processing, including profiling, should be allowed where
        expressly authorised by Union or Member State law to which the controller is subject,
        including for fraud and tax-evasion monitoring and prevention purposes conducted in
        accordance with the regulations, standards and recommendations of Union institutions or
        national oversight bodies and to ensure the security and reliability of a service provided by
        the controller, or necessary for the entering or performance of a contract between the data
        subject and a controller, or when the data subject has given his or her explicit consent. In
        any case, such processing should be subject to suitable safeguards, which should include
        specific information to the data subject and the right to obtain human intervention, to
        express his or her point of view, to obtain an explanation of the decision reached after such
        assessment and to challenge the decision. Such measure should not concern a child.
5419/16                                                                  AV/NT/sr                    43
                                                 DGD 2                                            EN
 ---pagebreak---         In order to ensure fair and transparent processing in respect of the data subject, taking into
        account the specific circumstances and context in which the personal data are processed,
        the controller should use appropriate mathematical or statistical procedures for the
        profiling, implement technical and organisational measures appropriate to ensure, in
        particular, that factors which result in inaccuracies in personal data are corrected and the
        risk of errors is minimised, secure personal data in a manner that takes account of the
        potential risks involved for the interests and rights of the data subject and that prevents,
        inter alia, discriminatory effects on natural persons on the basis of racial or ethnic origin,
        political opinion, religion or beliefs, trade union membership, genetic or health status or
        sexual orientation, or that result in measures having such an effect. Automated
        decision-making and profiling based on special categories of personal data should be
        allowed only under specific conditions.
(72)    Profiling is subject to the rules of this Regulation governing the processing of personal
        data, such as the legal grounds for processing or data protection principles. The European
        Data Protection Board established by this Regulation (the 'Board') should be able to issue
        guidance in that context.
5419/16                                                                   AV/NT/sr                     44
                                                  DGD 2                                            EN
 ---pagebreak--- (73)    Restrictions concerning specific principles and concerning the rights of information, access
        to and rectification or erasure of personal data and on the right to data portability, the right
        to object, decisions based on profiling, as well as on the communication of a personal data
        breach to a data subject and on certain related obligations of the controllers may be
        imposed by Union or Member State law, as far as necessary and proportionate in a
        democratic society to safeguard public security, including the protection of human life
        especially in response to natural or man made disasters, the prevention, investigation and
        prosecution of criminal offences or the execution of criminal penalties, including the
        safeguarding against and the prevention of threats to public security, or of breaches of
        ethics for regulated professions, other important objectives of general public interest of the
        Union or of a Member State, in particular an important economic or financial interest of
        the Union or of a Member State, the keeping of public registers kept for reasons of general
        public interest, further processing of archived personal data to provide specific information
        related to the political behaviour under former totalitarian state regimes or the protection of
        the data subject or the rights and freedoms of others, including social protection, public
        health and humanitarian purposes. Those restrictions should be in accordance with the
        requirements set out in the Charter and in the European Convention for the Protection of
        Human Rights and Fundamental Freedoms.
5419/16                                                                  AV/NT/sr                     45
                                                DGD 2                                               EN
 ---pagebreak--- (74)    The responsibility and liability of the controller for any processing of personal data carried
        out by the controller or on the controller's behalf should be established. In particular, the
        controller should be obliged to implement appropriate and effective measures and be able
        to demonstrate the compliance of processing activities with this Regulation, including the
        effectiveness of the measures. Those measures should take into account the nature, scope,
        context and purposes of the processing and the risk to the rights and freedoms of natural
        persons.
(75)    The risk to the rights and freedoms of natural persons , of varying likelihood and severity,
        may result from personal data processing which could lead to physical, material or
        non-material damage, in particular: where the processing may give rise to discrimination,
        identity theft or fraud, financial loss, damage to the reputation, loss of confidentiality of
        personal data protected by professional secrecy, unauthorised reversal of
        pseudonymisation, or any other significant economic or social disadvantage; where data
        subjects might be deprived of their rights and freedoms or prevented from exercising
        control over their personal data; where personal data are processed which reveal racial or
        ethnic origin, political opinions, religion or philosophical beliefs, trade-union membership,
        and the processing of genetic data, data concerning health or data concerning sex life or
        criminal convictions and offences or related security measures; where personal aspects are
        evaluated, in particular analysing or predicting aspects concerning performance at work,
        economic situation, health, personal preferences or interests, reliability or behaviour,
        location or movements, in order to create or use personal profiles; where personal data of
        vulnerable natural persons, in particular of children, are processed; or where processing
        involves a large amount of personal data and affects a large number of data subjects.
5419/16                                                                  AV/NT/sr                     46
                                                  DGD 2                                             EN
 ---pagebreak--- (76)    The likelihood and severity of the risk to the rights and freedoms of the data subject should
        be determined by reference to the nature, scope, context and purposes of the processing.
        Risk should be evaluated on the basis of an objective assessment, by which it is established
        whether data processing operations involve a risk or a high risk.
(77)    Guidance on the implementation of appropriate measures and on the demonstration of
        compliance by the controller or the processor, especially as regards the identification of the
        risk related to the processing, their assessment in terms of origin, nature, likelihood and
        severity, and the identification of best practices to mitigate the risk, could be provided in
        particular by means of approved codes of conduct, approved certifications, guidelines
        provided by the Board or indications provided by a data protection officer. The Board may
        also issue guidelines on processing operations that are considered to be unlikely to result in
        a high risk to the rights and freedoms of natural persons and indicate what measures may
        be sufficient in such cases to address such risk.
5419/16                                                                  AV/NT/sr                     47
                                                 DGD 2                                            EN
 ---pagebreak--- (78)    The protection of the rights and freedoms of natural persons with regard to the processing
        of personal data require that appropriate technical and organisational measures be taken to
        ensure that the requirements of this Regulation are met. In order to be able to demonstrate
        compliance with this Regulation, the controller should adopt internal policies and
        implement measures which meet in particular the principles of data protection by design
        and data protection by default. Such measures could consist, inter alia, of minimising the
        processing of personal data, pseudonymising personal data as soon as possible,
        transparency with regard to the functions and processing of personal data, enabling the data
        subject to monitor the data processing, enabling the controller to create and improve
        security features. When developing, designing, selecting and using applications, services
        and products that are based on the processing of personal data or process personal data to
        fulfil their task, producers of the products, services and applications should be encouraged
        to take into account the right to data protection when developing and designing such
        products, services and applications and, with due regard to the state of the art, to make sure
        that controllers and processors are able to fulfil their data protection obligations.The
        principles of data protection by design and by default should also be taken into
        consideration in the context of public tenders.
(79)    The protection of the rights and freedoms of data subjects as well as the responsibility and
        liability of controllers and processors, also in relation to the monitoring by and measures of
        supervisory authorities, requires a clear allocation of the responsibilities under this
        Regulation, including where a controller determines the purposes and means of the
        processing jointly with other controllers or where a processing operation is carried out on
        behalf of a controller.
5419/16                                                                   AV/NT/sr                  48
                                                DGD 2                                            EN
 ---pagebreak--- (80)    Where a controller or a processor not established in the Union is processing personal data
        of data subjects who are in the Union whose processing activities are related to the offering
        of goods or services, irrespective of whether a payment of the data subject is required, to
        such data subjects in the Union, or to the monitoring of their behaviour as far as their
        behaviour takes place within the Union, the controller or the processor should designate a
        representative, unless the processing is occasional, does not include processing, on a large
        scale, of special categories of personal data or the processing of personal data relating to
        criminal convictions and offences, and is unlikely to result in a risk to the rights and
        freedoms of natural persons, taking into account the nature, context, scope and purposes of
        the processing or if the controller is a public authority or body. The representative should
        act on behalf of the controller or the processor and may be addressed by any supervisory
        authority. The representative should be explicitly designated by a written mandate of the
        controller or the processor to act on its behalf with regard to their obligations under this
        Regulation. The designation of such representative does not affect the responsibility and
        liability of the controller or the processor under this Regulation. Such representative should
        perform its tasks according to the mandate received from the controller or processor,
        including to cooperate with the competent supervisory authorities on any action taken in
        ensuring compliance with this Regulation. The designated representative should be subject
        to enforcement proceedings in the event of non-compliance by the controller or processor.
5419/16                                                                  AV/NT/sr                    49
                                                 DGD 2                                             EN
 ---pagebreak--- (81)    To ensure compliance with the requirements of this Regulation in respect of the processing
        to be carried out by the processor on behalf of the controller, when entrusting a processor
        with processing activities, the controller should use only processors providing sufficient
        guarantees, in particular in terms of expert knowledge, reliability and resources, to
        implement technical and organisational measures which will meet the requirements of this
        Regulation, including for the security of processing. The adherence of the processor to an
        approved code of conduct or an approved certification mechanism may be used as an
        element to demonstrate compliance with the obligations of the controller. The carrying-out
        of processing by a processor should be governed by a contract or other legal act under
        Union or Member State law, binding the processor to the controller, setting out the
        subject-matter and duration of the processing, the nature and purposes of the processing,
        the type of personal data and categories of data subjects, taking into account the specific
        tasks and responsibilities of the processor in the context of the processing to be carried out
        and the risk to the rights and freedoms of the data subject. The controller and processor
        may choose to use an individual contract or standard contractual clauses which are adopted
        either directly by the Commission or by a supervisory authority in accordance with the
        consistency mechanism and then adopted by the Commission. After the completion of the
        processing on behalf of the controller, the processor should, at the choice of the controller,
        return or delete the personal data, unless there is a requirement to store the personal data
        under Union or Member State law to which the processor is subject.
5419/16                                                                  AV/NT/sr                    50
                                                DGD 2                                             EN
 ---pagebreak--- (82)    In order to demonstrate compliance with this Regulation, the controller or processor should
        maintain records of processing activities under its responsibility. Each controller and
        processor should be obliged to cooperate with the supervisory authority and make those
        records, on request, available to it, so that it might serve for monitoring those processing
        operations.
(83)    In order to maintain security and to prevent processing in infringement of this Regulation,
        the controller or processor should evaluate the risks inherent in the processing and
        implement measures to mitigate those risks, such as encryption. Those measures should
        ensure an appropriate level of security, including confidentiality, taking into account the
        stateof the art and the costs of implementation in relation to the risks and the nature of the
        personal data to be protected. In assessing data security risk, consideration should be given
        to the risks that are presented by personal data processing, such as accidental or unlawful
        destruction, loss, alteration, unauthorised disclosure of, or access to, personal data
        transmitted, stored or otherwise processed which may in particular lead to physical,
        material or non-material damage.
5419/16                                                                   AV/NT/sr                   51
                                                 DGD 2                                            EN
 ---pagebreak--- (84)    In order to enhance compliance with this Regulation where processing operations are likely
        to result in a high risk to the rights and freedoms of natural persons, the controller should
        be responsible for the carrying-out of a data protection impact assessment to evaluate, in
        particular, the origin, nature, particularity and severity of that risk. The outcome of the
        assessment should be taken into account when determining the appropriate measures to be
        taken in order to demonstrate that the processing of personal data complies with this
        Regulation. Where a data-protection impact assessment indicates that processing
        operations involve a high risk which the controller cannot mitigate by appropriate
        measures in terms of available technology and costs of implementation, a consultation of
        the supervisory authority should take place prior to the processing.
5419/16                                                                    AV/NT/sr                  52
                                                  DGD 2                                            EN
 ---pagebreak--- (85)    A personal data breach may, if not addressed in an appropriate and timely manner, result in
        physical, material or non-material damage to natural persons such as loss of control over
        their personal data or limitation of their rights, discrimination, identity theft or fraud,
        financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of
        confidentiality of personal data protected by professional secrecy or any other significant
        economic or social disadvantage to the natural person concerned. Therefore, as soon as the
        controller becomes aware that a personal data breach has occurred, the controller should
        notify the personal data breach to the supervisory authority without undue delay and,
        where feasible, not later than 72 hours after having become aware of it, unless the
        controller is able to demonstrate, in accordance with the accountability principle, that the
        personal data breach is unlikely to result in a risk to the rights and freedoms of natural
        persons. Where such notification cannot be achieved within 72 hours, the reasons for the
        delay should accompany the notification and information may be provided in phases
        without undue further delay.
5419/16                                                                   AV/NT/sr                   53
                                                DGD 2                                               EN
 ---pagebreak--- (86)    The controller should communicate to the data subject a personal data breach, without
        undue delay, where that personal data breach is likely to result in a high risk to the rights
        and freedoms of the natural person in order to allow him or her to take the necessary
        precautions. The communication should describe the nature of the personal data breach as
        well as recommendations for the natural person concerned to mitigate potential adverse
        effects. Such communications to data subjects should be made as soon as reasonably
        feasible and in close cooperation with the supervisory authority, respecting guidance
        provided by it or by other relevant authorities such as law-enforcement authorities. For
        example, the need to mitigate an immediate risk of damage would call for prompt
        communication with data subjects whereas the need to implement appropriate measures
        against continuing or similar personal data breaches may justify more time for
        communication.
(87)    It should be ascertained whether all appropriate technological protection and organisational
        measures have been implemented to establish immediately whether a personal data breach
        has taken place and to inform promptly the supervisory authority and the data subject. The
        fact that the notification was made without undue delay should be established taking into
        account in particular the nature and gravity of the personal data breach and its
        consequences and adverse effects for the data subject. Such notification may result in an
        intervention of the supervisory authority in accordance with its tasks and powers laid down
        in this Regulation.
5419/16                                                                AV/NT/sr                       54
                                               DGD 2                                              EN
 ---pagebreak--- (88)    In setting detailed rules concerning the format and procedures applicable to the notification
        of personal data breaches, due consideration should be given to the circumstances of that
        breach, including whether or not personal data had been protected by appropriate technical
        protection measures, effectively limiting the likelihood of identity fraud or other forms of
        misuse. Moreover, such rules and procedures should take into account the legitimate
        interests of law-enforcement authorities where early disclosure could unnecessarily hamper
        the investigation of the circumstances of a personal data breach.
(89)    Directive 95/46/EC provided for a general obligation to notify the processing of personal
        data to the supervisory authorities. While that obligation produces administrative and
        financial burdens, it did not in all cases contribute to improving the protection of personal
        data. Such indiscriminate general notification obligations should therefore be abolished,
        and replaced by effective procedures and mechanisms which focus instead on those types
        of processing operations which are likely to result in a high risk to the rights and freedoms
        of natural persons by virtue of their nature, scope, context and purposes. Such types of
        processing operations may be those which in, particular, involve using new technologies,
        or are of a new kind and where no data protection impact assessment has been carried out
        before by the controller, or where they become necessary in the light of the time that has
        elapsed since the initial processing.
5419/16                                                                  AV/NT/sr                   55
                                                 DGD 2                                            EN
 ---pagebreak--- (90)    In such cases, a data protection impact assessment should be carried out by the controller
        prior to the processing in order to assess the particular likelihood and severity of the high
        risk, taking into account the nature, scope, context and purposes of the processing and the
        sources of the risk. That impact assessment should include, in particular, the measures,
        safeguards and mechanisms envisaged for mitigating that risk, ensuring the protection of
        personal data and demonstrating compliance with this Regulation.
5419/16                                                                   AV/NT/sr                   56
                                                DGD 2                                              EN
 ---pagebreak--- (91)    This should in particular apply to large-scale processing operations which aim to process a
        considerable amount of personal data at regional, national or supranational level and which
        could affect a large number of data subjects and which are likely to result in a high risk, for
        example, on account of their sensitivity, where in accordance with the achieved state of
        technological knowledge a new technology is used on a large scale as well as to other
        processing operations which result in a high risk to the rights and freedoms of data
        subjects, in particular where those operations render it more difficult for data subjects to
        exercise their rights. A data protection impact assessment should also be made where
        personal data are processed for taking decisions regarding specific natural persons
        following any systematic and extensive evaluation of personal aspects relating to natural
        persons based on profiling those data or following the processing of special categories of
        personal data, biometric data, or data on criminal convictions and offences or related
        security measures. A data protection impact assessment is equally required for monitoring
        publicly accessible areas on a large scale, especially when using optic-electronic devices or
        for any other operations where the competent supervisory authority considers that the
        processing is likely to result in a high risk to the rights and freedoms of data subjects, in
        particular because they prevent data subjects from exercising a right or using a service or a
        contract, or because they are carried out systematically on a large scale. The processing of
        personal data should not be considered to be on a large scale if the processing concerns
        personal data from patients or clients by an individual physician, other health care
        professional or lawyer. In such cases, a data protection impact assessment should not be
        mandatory.
5419/16                                                                    AV/NT/sr                   57
                                                 DGD 2                                              EN
 ---pagebreak--- (92)    There are circumstances under which it may be reasonable and economical for the subject
        of a data protection impact assessment to be broader than a single project, for example
        where public authorities or bodies intend to establish a common application or processing
        platform or where several controllers plan to introduce a common application or processing
        environment across an industry sector or segment or for a widely used horizontal activity.
(93)    In the context of the adoption of the Member State law on which the performance of the
        tasks of the public authority or public body is based and which regulates the specific
        processing operation or set of operations in question, Member States may deem it
        necessary to carry out such assessment prior to the processing activities.
5419/16                                                               AV/NT/sr                   58
                                                DGD 2                                          EN
 ---pagebreak--- (94)    Where a data protection impact assessment indicates that the processing would, in the
        absence of safeguards, security measures and mechanisms to mitigate the risk, result in a
        high risk to the rights and freedoms of natural persons and the controller is of the opinion
        that the risk cannot be mitigated by reasonable means in terms of available technologies
        and costs of implementation, the supervisory authority should be consulted prior to the
        start of processing activities. Such high risk is likely to result from certain types of
        processing and the extent and frequency of processing, which may result also in a
        realisation of damage or interference with the rights and freedoms of the natural person.
        The supervisory authority should respond to the request for consultation within a specified
        period. However, the absence of a reaction of the supervisory authority within that period
        should be without prejudice to any intervention of the supervisory authority in accordance
        with its tasks and powers laid down in this Regulation, including the power to prohibit
        processing operations. As part of that consultation process, the outcome of a data
        protection impact assessment carried out with regard to the processing at issue may be
        submitted to the supervisory authority, in particular the measures envisaged to mitigate the
        risk to the rights and freedoms of natural persons.
(95)    The processor should assist the controller, where necessary and upon request, in ensuring
        compliance with the obligations deriving from the carrying out of data protection impact
        assessments and from prior consultation of the supervisory authority.
5419/16                                                                    AV/NT/sr                 59
                                                DGD 2                                            EN
 ---pagebreak--- (96)    A consultation of the supervisory authority should also take place in the course of the
        preparation of a legislative or regulatory measure which provides for the processing of
        personal data, in order to ensure compliance of the intended processing with this
        Regulation and in particular to mitigate the risk involved for the data subject.
(97)    Where the processing is carried out by a public authority, except for courts or independent
        judicial authorities when acting in their judicial capacity, where, in the private sector,
        processing is carried out by a controller whose core activities consist of processing
        operations that require regular and systematic monitoring of the data subjects on a large
        scale, or where the core activities of the controller or the processor consist of processing on
        a large scale of special categories of personal data and data relating to criminal convictions
        and offences, a person with expert knowledge of data protection law and practices should
        assist the controller or processor to monitor internal compliance with this Regulation. In
        the private sector, the core activities of a controller relate to its primary activities and do
        not relate to the processing of personal data as ancillary activities. The necessary level of
        expert knowledge should be determined in particular according to the data processing
        operations carried out and the protection required for the personal data processed by the
        controller or the processor. Such data protection officers, whether or not they are an
        employee of the controller, should be in a position to perform their duties and tasks in an
        independent manner.
5419/16                                                                     AV/NT/sr                    60
                                                 DGD 2                                                EN
 ---pagebreak--- (98)    Associations or other bodies representing categories of controllers or processors should be
        encouraged to draw up codes of conduct, within the limits of this Regulation, so as to
        facilitate the effective application of this Regulation, taking account of the specific
        characteristics of the processing carried out in certain sectors and the specific needs of
        micro, small and medium enterprises. In particular, such codes of conduct could calibrate
        the obligations of controllers and processors, taking into account the risk likely to result
        from the processing for the rights and freedoms of natural persons.
(99)    When drawing up a code of conduct, or when amending or extending such a code,
        associations and other bodies representing categories of controllers or processors should
        consult relevant stakeholders, including data subjects where feasible, and have regard to
        submissions received and views expressed in response to such consultations.
(100)   In order to enhance transparency and compliance with this Regulation, the establishment of
        certification mechanisms and data protection seals and marks should be encouraged,
        allowing data subjects to quickly assess the level of data protection of relevant products
        and services.
5419/16                                                                  AV/NT/sr                    61
                                                 DGD 2                                             EN
 ---pagebreak--- (101)   Flows of personal data to and from countries outside the Union and international
        organisations are necessary for the expansion of international trade and international
        cooperation. The increase in such flows has raised new challenges and concerns with
        regard to the protection of personal data. However, when personal data are transferred
        from the Union to controllers, processors or other recipients in third countries or to
        international organisations, the level of protection of natural persons ensured in the Union
        by this Regulation should not be undermined, including in cases of onward transfers of
        personal data from the third country or international organisation to controllers, processors
        in the same or another third country or international organisation. In any event, transfers to
        third countries and international organisations may only be carried out in full compliance
        with this Regulation. A transfer could take place only if, subject to the other provisions of
        this Regulation, the conditions laid down in the provisions of this Regulation relating to the
        transfer of personal data to third countries or international organisations are complied with
        by the controller or processor.
(102)   This Regulation is without prejudice to international agreements concluded between the
        Union and third countries regulating the transfer of personal data including appropriate
        safeguards for the data subjects. Member States may conclude international agreements
        which involve the transfer of personal data to third countries or international organisations,
        as far as such agreements do not affect this Regulation or any other provisions of Union
        law and include an appropriate level of protection for the fundamental rights of the data
        subjects.
5419/16                                                                  AV/NT/sr                   62
                                                DGD 2                                            EN
 ---pagebreak--- (103)   The Commission may decide with effect for the entire Union that a third country, a
        territory or specified sector within a third country, or an international organisation, offers
        an adequate level of data protection, thus providing legal certainty and uniformity
        throughout the Union as regards the third country or international organisation which is
        considered to provide such level of protection. In such cases, transfers of personal data to
        that third country or international organisation may take place without the need to obtain
        any further authorisation. The Commission may also decide, having given notice and a full
        statement setting out the reasons to the third country or international organisation, to
        revoke such a decision.
5419/16                                                                   AV/NT/sr                    63
                                                 DGD 2                                             EN
 ---pagebreak--- (104)   In line with the fundamental values on which the Union is founded, in particular the
        protection of human rights, the Commission should, in its assessment of the third country,
        or of a territory or specified sector within a third country, take into account how a
        particular third country respects the rule of law, access to justice as well as international
        human rights norms and standards and its general and sectoral law, including legislation
        concerning public security, defence and national security as well as public order and
        criminal law. The adoption of an adequacy decision with regard to a territory or a specified
        sector in a third country should take into account clear and objective criteria, such as
        specific processing activities and the scope of applicable legal standards and legislation in
        force in the third country. The third country should offer guarantees ensuring an adequate
        level of protection essentially equivalent to that ensured within the Union, in particular
        where personal data are processed in one or several specific sectors. In particular, the third
        country should ensure effective independent data protection supervision and should
        provide for cooperation mechanisms with the Member States' data protection authorities,
        and the data subjects should be provided with effective and enforceable rights and effective
        administrative and judicial redress.
5419/16                                                                   AV/NT/sr                    64
                                                 DGD 2                                             EN
 ---pagebreak--- (105)   Apart from the international commitments the third country or international organisation
        has entered into, the Commission should take account of obligations arising from the third
        country's or international organisation's participation in multilateral or regional systems in
        particular in relation to the protection of personal data, as well as the implementation of
        such obligations. In particular, the third country's accession to the Council of Europe
        Convention of 28 January 1981 for the Protection of Individuals with regard to the
        Automatic Processing of Personal Data and its Additional Protocol should be taken into
        account. The Commission should consult the Board when assessing the level of protection
        in third countries or international organisations.
5419/16                                                                  AV/NT/sr                    65
                                                 DGD 2                                            EN
 ---pagebreak--- (106)   The Commission should monitor the functioning of decisions on the level of protection in a
        third country, a territory or specified sector within a third country, or an international
        organisation, and monitor the functioning of decisions adopted on the basis of Article 25(6)
        or Article 26(4) of Directive 95/46/EC. In its adequacy decisions, the Commission should
        provide for a periodic review mechanism of their functioning. That periodic review should
        be conducted in consultation with the third country or international organisation in
        question and take into account all relevant developments in the third country or
        international organisation. For the purposes of monitoring and of carrying out the periodic
        reviews, the Commission should take into consideration the views and findings of the
        European Parliament and of the Council as well as of other relevant bodies and sources.
        The Commission should evaluate, within a reasonable time, the functioning of the latter
        decisions and report any relevant findings to the Committee within the meaning of
        Regulation (EU) No 182/2011 of the European Parliament and of the Council 1 as
        established under this Regulation, to the European Parliament and to the Council.
1
      Regulation (EU) No 182/2011 of the European Parliament and of the Council of
      16 February 2011 laying down the rules and general principles concerning mechanisms for
      control by Member States of the Commission's exercise of implementing powers (OJ L 55,
      28.2.2011, p. 13).
5419/16                                                                  AV/NT/sr                   66
                                                 DGD 2                                             EN
 ---pagebreak--- (107)   The Commission may recognise that a third country, a territory or a specified sector within
        a third country, or an international organisation no longer ensures an adequate level of data
        protection. Consequently the transfer of personal data to that third country or international
        organisation should be prohibited, unless the requirements in this Regulation relating to
        transfers subject to appropriate safeguards, including binding corporate rules, and
        derogations for specific situations are fulfilled. In that case, provision should be made for
        consultations between the Commission and such third countries or international
        organisations. The Commission should, in a timely manner, inform the third country or
        international organisation of the reasons and enter into consultations with it in order to
        remedy the situation.
5419/16                                                                    AV/NT/sr                  67
                                                DGD 2                                             EN
 ---pagebreak--- (108)   In the absence of an adequacy decision, the controller or processor should take measures to
        compensate for the lack of data protection in a third country by way of appropriate
        safeguards for the data subject. Such appropriate safeguards may consist of making use of
        binding corporate rules, standard data protection clauses adopted by the Commission,
        standard data protection clauses adopted by a supervisory authority or contractual clauses
        authorised by a supervisory authority. Those safeguards should ensure compliance with
        data protection requirements and the rights of the data subjects appropriate to processing
        within the Union, including the availability of enforceable data subject rights and of
        effective legal remedies, including to obtain effective administrative or judicial redress and
        to claim compensation, in the Union or in a third country. They should relate in particular
        to compliance with the general principles relating to personal data processing, the
        principles of data protection by design and by default. Transfers may also be carried out by
        public authorities or bodies with public authorities or bodies in third countries or with
        international organisations with corresponding duties or functions, including on the basis
        of provisions to be inserted into administrative arrangements, such as a memorandum of
        understanding, providing for enforceable and effective rights for data subjects.
        Authorisation by the competent supervisory authority should be obtained when the
        safeguards are provided for in administrative arrangements that are not legally binding.
5419/16                                                                 AV/NT/sr                    68
                                               DGD 2                                              EN
 ---pagebreak--- (109)   The possibility for the controller or processor to use standard data-protection clauses
        adopted by the Commission or by a supervisory authority should prevent controllers or
        processors neither from including the standard data-protection clauses in a wider contract,
        such as a contract between the processor and another processor, nor from adding other
        clauses or additional safeguards provided that they do not contradict, directly or indirectly,
        the standard contractual clauses adopted by the Commission or by a supervisory authority
        or prejudice the fundamental rights or freedoms of the data subjects. Controllers and
        processors should be encouraged to provide additional safeguards via contractual
        commitments that supplement standard protection clauses.
(110)   A group of undertakings, or a group of enterprises engaged in a joint economic activity,
        should be able to make use of approved binding corporate rules for its international
        transfers from the Union to organisations within the same group of undertakings, or group
        of enterprises engaged in a joint economic activity, provided that such corporate rules
        include all essential principles and enforceable rights to ensure appropriate safeguards for
        transfers or categories of transfers of personal data.
5419/16                                                                 AV/NT/sr                    69
                                                 DGD 2                                           EN
 ---pagebreak--- (111)   Provisions should be made for the possibility for transfers in certain circumstances where
        the data subject has given his or her explicit consent, where the transfer is occasional and
        necessary in relation to a contract or a legal claim, regardless of whether in a judicial
        procedure or whether in an administrative or any out-of-court procedure, including
        procedures before regulatory bodies. Provision should also be made for the possibility for
        transfers where important grounds of public interest laid down by Union or Member State
        law so require or where the transfer is made from a register established by law and
        intended for consultation by the public or persons having a legitimate interest. In the latter
        case, such a transfer should not involve the entirety of the personal data or entire categories
        of the data contained in the register and, when the register is intended for consultation by
        persons having a legitimate interest, the transfer should be made only at the request of
        those persons or, if they are to be the recipients, taking into full account the interests and
        fundamental rights of the data subject.
5419/16                                                                   AV/NT/sr                     70
                                                 DGD 2                                              EN
 ---pagebreak--- (112)   Those derogations should in particular apply to data transfers required and necessary for
        important reasons of public interest, for example in cases of international data exchange
        between competition authorities, tax or customs administrations, between financial
        supervisory authorities, between services competent for social security matters, or for
        public health, for example in the case of contact tracing for contagious diseases or in order
        to reduce and/or eliminate doping in sport. A transfer of personal data should also be
        regarded as lawful where it is necessary to protect an interest which is essential for the data
        subject's or another person's vital interests, including physical integrity or life, if the data
        subject is incapable of giving consent. In the absence of an adequacy decision, Union or
        Member State law may, for important reasons of public interest, expressly set limits to the
        transfer of specific categories of data to a third country or an international organisation.
        Member States should notify such provisions to the Commission. Any transfer to an
        international humanitarian organisation of personal data of a data subject who is physically
        or legally incapable of giving consent, with a view to accomplishing a task incumbent
        under the Geneva Conventions or to complying with international humanitarian law
        applicable in armed conflicts, could be considered to be necessary for an important reason
        of public interest or because it is in the vital interest of the data subject.
5419/16                                                                     AV/NT/sr                     71
                                                 DGD 2                                               EN
 ---pagebreak--- (113)   Transfers which can be qualified as not repetitive and that only concern a limited number
        of data subjects, could also be possible for the purposes of the compelling legitimate
        interests pursued by the controller, when those interests are not overridden by the interests
        or rights and freedoms of the data subject and when the controller has assessed all the
        circumstances surrounding the data transfer. The controller should give particular
        consideration to the nature of the personal data, the purpose and duration of the proposed
        processing operation or operations, as well as the situation in the country of origin, the
        third country and the country of final destination, and should provide suitable safeguards to
        protect fundamental rights and freedoms of natural persons with regard to the processing of
        their personal data. Such transfers should be possible only in residual cases where none of
        the other grounds for transfer are applicable. For scientific or historical research purposes
        or statistical purposes, the legitimate expectations of society for an increase of knowledge
        should be taken into consideration. The controller should inform the supervisory authority
        and the data subject about the transfer.
(114)   In any case, where the Commission has taken no decision on the adequate level of data
        protection in a third country, the controller or processor should make use of solutions that
        provide data subjects with enforceable and effective rights as regards the processing of
        their data in the Union once those data have been transferred so that that they will continue
        to benefit from fundamental rights and safeguards.
5419/16                                                                  AV/NT/sr                    72
                                                 DGD 2                                            EN
 ---pagebreak--- (115)   Some third countries adopt laws, regulations and other legal acts which purport to directly
        regulate the processing activities of natural and legal persons under the jurisdiction of the
        Member States. This may include judgments of courts or tribunals or decisions of
        administrative authorities in third countries requiring a controller or processor to transfer or
        disclose personal data, and which are not based on an international agreement, such as a
        mutual legal assistance treaty, in force between the requesting third country and the Union
        or a Member State. The extraterritorial application of those laws, regulations and other
        legal acts may be in breach of international law and may impede the attainment of the
        protection of natural persons ensured in the Union by this Regulation. Transfers should
        only be allowed where the conditions of this Regulation for a transfer to third countries are
        met. This may inter alia be the case where the disclosure is necessary for an important
        ground of public interest recognised in Union or Member State law to which the controller
        is subject.
5419/16                                                                 AV/NT/sr                     73
                                                DGD 2                                             EN
 ---pagebreak--- (116)   When personal data moves across borders outside the Union it may put at increased risk
        the ability of natural persons to exercise data protection rights in particular to protect
        themselves from the unlawful use or disclosure of that information. At the same time,
        supervisory authorities may find that they are unable to pursue complaints or conduct
        investigations relating to the activities outside their borders. Their efforts to work together
        in the cross-border context may also be hampered by insufficient preventative or remedial
        powers, inconsistent legal regimes, and practical obstacles like resource constraints.
        Therefore, there is a need to promote closer cooperation among data protection supervisory
        authorities to help them exchange information and carry out investigations with their
        international counterparts. For the purposes of developing international cooperation
        mechanisms to facilitate and provide international mutual assistance for the enforcement of
        legislation for the protection of personal data, the Commission and the supervisory
        authorities should exchange information and cooperate in activities related to the exercise
        of their powers with competent authorities in third countries, based on reciprocity and in
        accordance with this Regulation.
(117)   The establishment of supervisory authorities in Member States, empowered to perform
        their tasks and exercise their powers with complete independence, is an essential
        component of the protection of natural persons with regard to the processing of their
        personal data. Member States should be able to establish more than one supervisory
        authority, to reflect their constitutional, organisational and administrative structure.
5419/16                                                                   AV/NT/sr                    74
                                                 DGD 2                                             EN
 ---pagebreak--- (118)   The independence of supervisory authorities should not mean that the supervisory
        authorities cannot be subject to control or monitoring mechanisms regarding their financial
        expenditure or to judicial review.
(119)   Where a Member State establishes several supervisory authorities, it should establish by
        law mechanisms for ensuring the effective participation of those supervisory authorities in
        the consistency mechanism. That Member State should in particular designate the
        supervisory authority which functions as a single contact point for the effective
        participation of those authorities in the mechanism, to ensure swift and smooth cooperation
        with other supervisory authorities, the Board and the Commission.
(120)   Each supervisory authority should be provided with the financial and human resources,
        premises and infrastructure necessary for the effective performance of their tasks,
        including those related to mutual assistance and cooperation with other supervisory
        authorities throughout the Union. Each supervisory authority should have a separate,
        public annual budget, which may be part of the overall state or national budget.
5419/16                                                                AV/NT/sr                   75
                                                 DGD 2                                         EN
 ---pagebreak--- (121)   The general conditions for the member or members of the supervisory authority should be
        laid down by law in each Member State and should in particular provide that those
        members are to be appointed, by means of a transparent procedure, either by the
        parliament, government or the head of State of the Member State on the basis of a proposal
        from the government, a member of the government, the parliament or a chamber of the
        parliament, or by an independent body entrusted under Member State law. In order to
        ensure the independence of the supervisory authority, the member or members should act
        with integrity, refrain from any action that is incompatible with their duties and should not,
        during their term of office, engage in any incompatible occupation, whether gainful or not.
        The supervisory authority should have its own staff, chosen by the supervisory authority or
        an independent body established by Member State law, which should be subject to the
        exclusive direction of the member or members of the supervisory authority.
(122)   Each supervisory authority should be competent on the territory of its own Member State
        to exercise the powers and to perform the tasks conferred on it in accordance with this
        Regulation. This should cover in particular the processing in the context of the activities of
        an establishment of the controller or processor on the territory of its own Member State,
        the processing of personal data carried out by public authorities or private bodies acting in
        the public interest, processing affecting data subjects on its territory or processing carried
        out by a controller or processor not established in the Union when targeting data subjects
        residing on its territory. This should include handling complaints lodged by a data subject,
        conducting investigations on the application of this Regulation and promoting public
        awareness of the risks, rules, safeguards and rights in relation to the processing of personal
        data.
5419/16                                                                  AV/NT/sr                     76
                                                 DGD 2                                             EN
 ---pagebreak--- (123)   The supervisory authorities should monitor the application of the provisions pursuant to
        this Regulation and contribute to its consistent application throughout the Union, in order
        to protect natural persons in relation to the processing of their personal data and to
        facilitate the free flow of personal data within the internal market. For that purpose, the
        supervisory authorities should cooperate with each other and with the Commission,
        without the need for any agreement between Member States on the provision of mutual
        assistance or on such cooperation.
5419/16                                                                  AV/NT/sr                   77
                                                DGD 2                                             EN
 ---pagebreak--- (124)   Where the processing of personal data takes place in the context of the activities of an
        establishment of a controller or a processor in the Union and the controller or processor is
        established in more than one Member State, or where processing taking place in the
        context of the activities of a single establishment of a controller or processor in the Union
        substantially affects or is likely to substantially affect data subjects in more than one
        Member State, the supervisory authority for the main establishment of the controller or
        processor or for the single establishment of the controller or processor should act as lead
        authority. It should cooperate with the other authorities concerned, because the controller
        or processor has an establishment on the territory of their Member State, because data
        subjects residing on their territory are substantially affected, or because a complaint has
        been lodged with them. Also where a data subject not residing in that Member State has
        lodged a complaint, the supervisory authority with which such complaint has been lodged
        should also be a supervisory authority concerned. Within its tasks to issue guidelines on
        any question covering the application of this Regulation, the Board should be able to issue
        guidelines in particular on the criteria to be taken into account in order to ascertain whether
        the processing in question substantially affects data subjects in more than one
        Member State and on what constitutes a relevant and reasoned objection.
5419/16                                                                    AV/NT/sr                  78
                                                 DGD 2                                            EN
 ---pagebreak--- (125)   The lead authority should be competent to adopt binding decisions regarding measures
        applying the powers conferred on it in accordance with this Regulation. In its capacity as
        lead authority, the supervisory authority should closely involve and coordinate the
        supervisory authorities concerned in the decision-making process. Where the decision is to
        reject the complaint by the data subject in whole or in part, that decision should be adopted
        by the supervisory authority with which the complaint has been lodged.
(126)   The decision should be agreed jointly by the lead supervisory authority and the supervisory
        authorities concerned and should be directed towards the main or single establishment of
        the controller or processor and be binding on the controller and processor. The controller
        or processor should take the necessary measures to ensure compliance with this Regulation
        and the implementation of the decision notified by the lead supervisory authority to the
        main establishment of the controller or processor as regards the processing activities in the
        Union.
5419/16                                                                 AV/NT/sr                    79
                                               DGD 2                                             EN
 ---pagebreak--- (127)   Each supervisory authority not acting as the lead supervisory authority should be
        competent to handle local cases where the controller or processor is established in more
        than one Member State, but the subject matter of the specific processing concerns only
        processing carried out in a single Member State and involves only data subjects in that
        single Member State, for example, where the subject matter concerns the processing of
        employees' personal data in the specific employment context of a Member State. In such
        cases, the supervisory authority should inform the lead supervisory authority without delay
        about the matter. After being informed, the lead supervisory authority should decide,
        whether it will handle the case pursuant to the provision on cooperation between the lead
        supervisory authority and other supervisory authorites concerned ('one-stop-shop
        mechanism'), or whether the supervisory authority which informed it should handle the
        case at local level. When deciding whether it will handle the case, the lead supervisory
        authority should take into account whether there is an establishment of the controller or
        processor in the Member State of the supervisory authority which informed it in order to
        ensure effective enforcement of a decision vis-à-vis the controller or processor. Where the
        lead supervisory authority decides to handle the case, the supervisory authority which
        informed it should have the possibility to submit a draft for a decision, of which the lead
        supervisory authority should take utmost account when preparing its draft decision in that
        one-stop-shop mechanism.
5419/16                                                                 AV/NT/sr                    80
                                               DGD 2                                             EN
 ---pagebreak--- (128)   The rules on the lead supervisory authority and the one-stop-shop mechanism should not
        apply where the processing is carried out by public authorities or private bodies in the
        public interest. In such cases the only supervisory authority competent to exercise the
        powers conferred to it in accordance with this Regulation should be the supervisory
        authority of the Member State where the public authority or private body is established.
5419/16                                                                 AV/NT/sr                  81
                                                DGD 2                                            EN
 ---pagebreak--- (129)   In order to ensure consistent monitoring and enforcement of this Regulation throughout the
        Union, the supervisory authorities should have in each Member State the same tasks and
        effective powers, including powers of investigation, corrective powers and sanctions, and
        authorisation and advisory powers, in particular in cases of complaints from natural
        persons, and without prejudice to the powers of prosecutorial authorities under
        Member State law, to bring infringements of this Regulation to the attention of the judicial
        authorities and engage in legal proceedings. Such powers should also include the power to
        impose a temporary or definitive limitation, including a ban, on processing. Member States
        may specify other tasks related to the protection of personal data under this Regulation.
        The powers of supervisory authorities should be exercised in accordance with appropriate
        procedural safeguards set out in Union and Member State law, impartially, fairly and
        within a reasonable time. In particular each measure should be appropriate, necessary and
        proportionate in view of ensuring compliance with this Regulation, taking into account the
        circumstances of each individual case, respect the right of every person to be heard before
        any individual measure which would affect him or her adversely is taken and avoid
        superfluous costs and excessive inconveniences for the persons concerned. Investigatory
        powers as regards access to premises should be exercised in accordance with specific
        requirements in Member State procedural law, such as the requirement to obtain a prior
        judicial authorisation. Each legally binding measure of the supervisory authority should be
        in writing, be clear and unambiguous, indicate the supervisory authority which has issued
        the measure, the date of issue of the measure, bear the signature of the head, or a member
        of the supervisory authority authorised by him or her, give the reasons for the measure, and
        refer to the right of an effective remedy. This should not preclude additional requirements
        pursuant to Member State procedural law. The adoption of a legally binding decision
        implies that it may give rise to judicial review in the Member State of the supervisory
        authority that adopted the decision.
5419/16                                                                 AV/NT/sr                  82
                                                DGD 2                                           EN
 ---pagebreak--- (130)   Where the supervisory authority with which the complaint has been lodged is not the lead
        supervisory authority, the lead supervisory authority should closely cooperate with the
        supervisory authority with which the complaint has been lodged in accordance with the
        provisions on cooperation and consistency laid down in this Regulation. In such cases, the
        lead supervisory authority should, when taking measures intended to produce legal effects,
        including the imposition of administrative fines, take utmost account of the view of the
        supervisory authority with which the complaint has been lodged and which should remain
        competent to carry out any investigation on the territory of its own Member State in liaison
        with the competent supervisory authority.
(131)   Where another supervisory authority should act as a lead supervisory authority for the
        processing activities of the controller or processor but the concrete subject matter of a
        complaint or the possible infringement concerns only processing activities of the controller
        or processor in the Member State where the complaint has been lodged or the possible
        infringement detected and the matter does not substantially affect or is not likely to
        substantially affect data subjects in other Member States, the supervisory authority
        receiving a complaint or detecting or being informed otherwise of situations that entail
        possible infringements of this Regulation should seek an amicable settlement with the
        controller and, if this proves unsuccessful, exercise its full range of powers. This should
        include: specific processing carried out in the territory of the Member State of the
        supervisory authority or with regard to data subjects on the territory of that Member State;
        processing that is carried out in the context of an offer of goods or services specifically
        aimed at data subjects in the territory of the Member State of the supervisory authority; or
        processing that has to be assessed taking into account relevant legal obligations under
        Member State law.
5419/16                                                                   AV/NT/sr                  83
                                                DGD 2                                             EN
 ---pagebreak--- (132)   Awareness-raising activities by supervisory authorities addressed to the public should
        include specific measures directed at controllers and processors, including micro, small
        and medium-sized enterprises, as well as natural persons in particular in the educational
        context.
(133)   The supervisory authorities should assist each other in performing their tasks and provide
        mutual assistance, so as to ensure the consistent application and enforcement of this
        Regulation in the internal market. A supervisory authority requesting mutual assistance
        may adopt a provisional measure if it receives no response to a request for mutual
        assistance within one month of the receipt of that request by the other supervisory
        authority.
(134)   Each supervisory authority should, where appropriate, participate in joint operations with
        other supervisory authorities. The requested supervisory authority should be obliged to
        respond to the request within a specified time period.
(135)   In order to ensure the consistent application of this Regulation throughout the Union, a
        consistency mechanism for cooperation between the supervisory authorities should be
        established. That mechanism should in particular apply where a supervisory authority
        intends to adopt a measure intended to produce legal effects as regards processing
        operations which substantially affect a significant number of data subjects in several
        Member States. It should also apply where any supervisory authority concerned or the
        Commission requests that such matter should be handled in the consistency mechanism.
        That mechanism should be without prejudice to any measures that the Commission may
        take in the exercise of its powers under the Treaties.
5419/16                                                                 AV/NT/sr                  84
                                               DGD 2                                            EN
 ---pagebreak--- (136)   In applying the consistency mechanism, the Board should, within a determined period of
        time, issue an opinion, if a majority of its members so decides or if so requested by any
        supervisory authority concerned or the Commission. The Board should also be empowered
        to adopt legally binding decisions where there are disputes between supervisory
        authorities. For that purpose, it should issue, in principle with a two-third majority of its
        members, legally binding decisions in clearly specified cases where there are conflicting
        views among supervisory authorities, in particular in the cooperation mechanism between
        the lead supervisory authority and supervisory authorities concerned on the merits of the
        case, in particular whether there is an infringement of this Regulation.
(137)   There may be an urgent need to act in order to protect the rights and freedoms of data
        subjects, in particular when the danger exists that the enforcement of a right of a data
        subject could be considerably impeded.A supervisory authority should therefore be able to
        adopt duly justified provisional measures on its territory with a specified period of validity
        which should not exceed three months.
(138)   The application of such mechanism should be a condition for the lawfulness of a measure
        intended to produce legal effects by a supervisory authority in those cases where its
        application is mandatory. In other cases of cross-border relevance, the cooperation
        mechanism between the lead supervisory authority and supervisory authorities concerned
        should be applied and mutual assistance and joint operations might be carried out between
        the supervisory authorities concerned on a bilateral or multilateral basis without triggering
        the consistency mechanism.
5419/16                                                                  AV/NT/sr                     85
                                                DGD 2                                              EN
 ---pagebreak--- (139)   In order to promote the consistent application of this Regulation, the Board should be set
        up as an independent body of the Union. To fulfil its objectives, the Board should have
        legal personality. The Board should be represented by its Chair. It should replace the
        Working Party on the Protection of Individuals with Regard to the Processing of Personal
        Data established by Directive 95/46/EC. It should consist of the head of a supervisory
        authority of each Member State and the European Data Protection Supervisor or their
        respective representatives. The Commission should participate in the Board's activities
        without voting rights and the European Data Protection Supervisor should have specific
        voting rights. The Board should contribute to the consistent application of this Regulation
        throughout the Union, including by advising the Commission, in particular on the level of
        protection in third countries or international organisations, and promoting cooperation of
        the supervisory authorities throughout the Union. The Board should act independently
        when performing its tasks.
(140)   The Board should be assisted by a secretariat provided by the European Data Protection
        Supervisor. The staff of the European Data Protection Supervisor involved in carrying out
        the tasks conferred on the Board by this Regulation should perform its tasks exclusively
        under the instructions of, and report to, the Chair of the Board.
5419/16                                                                 AV/NT/sr                   86
                                                DGD 2                                           EN
 ---pagebreak--- (141)   Every data subject should have the right to lodge a complaint with a single supervisory
        authority, in particular in the Member State of his or her habitual residence, and the right to
        an effective judicial remedy in accordance with Article 47 of the Charter if the data subject
        considers that his or her rights under this Regulation are infringed or where the supervisory
        authority does not act on a complaint, partially or wholly rejects or dismisses a complaint
        or does not act where such action is necessary to protect the rights of the data subject. The
        investigation following a complaint should be carried out, subject to judicial review, to the
        extent that is appropriate in the specific case. The supervisory authority should inform the
        data subject of the progress and the outcome of the complaint within a reasonable period. If
        the case requires further investigation or coordination with another supervisory authority,
        intermediate information should be given to the data subject. In order to facilitate the
        submission of complaints, each supervisory authority should take measures such as
        providing a complaint submission form which can also be completed electronically,
        without excluding other means of communication.
5419/16                                                                  AV/NT/sr                   87
                                                 DGD 2                                            EN
 ---pagebreak--- (142)   Where a data subject considers that his or her rights under this Regulation are infringed, he
        or she should have the right to mandate a not-for-profit body, organisation or association
        which is constituted in accordance with the law of a Member State, has statutory objectives
        which are in the public interest and is active in the field of the protection of personal data
        to lodge a complaint on his or her behalf with a supervisory authority, exercise the right to
        a judicial remedy on behalf of data subjects or, if provided for in Member State law,
        exercise the right to receive compensation on behalf of data subjects. A Member State may
        provide for such a body, organisation or association to have the right to lodge a complaint
        in that Member State, independently of a data subject's mandate, and the right to an
        effective judicial remedy where it has reasons to consider that the rights of a data subject
        have been infringed as a result of the processing of personal data which infringes this
        Regulation. That body, organisation or association may not be allowed to claim
        compensation on a data subject's behalf independently of the data subject's mandate.
5419/16                                                                   AV/NT/sr                    88
                                                DGD 2                                              EN
 ---pagebreak--- (143)   Any natural or legal person has the right to bring an action for annulment of decisions of
        the Board before the Court of Justice under the conditions provided for in
        Article 263 TFEU. As addressees of such decisions, the supervisory authorities
        concernedwhich wish to challenge them have to bring action within two months of being
        notified of them, in accordance with Article 263 TFEU. Where decisions of the Board are
        of direct and individual concern to a controller, processor or complainant, the latter may
        bring an action for annulment against those decisions within two months of their
        publication on the website of the Board, in accordance with Article 263 TFEU. Without
        prejudice to this right under Article 263 TFEU, each natural or legal person should have an
        effective judicial remedy before the competent national court against a decision of a
        supervisory authority which produces legal effects concerning that person. Such a decision
        concerns in particular the exercise of investigative, corrective and authorisation powers by
        the supervisory authority or the dismissal or rejection of complaints. However, the right to
        an effective judicial remedy does not encompass measures taken by supervisory authorities
        which are not legally binding, such as opinions issued by or advice provided by the
        supervisory authority. Proceedings against a supervisory authority should be brought
        before the courts of the Member State where the supervisory authority is established and
        should be conducted in accordance with that Member State's procedural law. Those courts
        should exercise full jurisdiction, which should include jurisdiction to examine all questions
        of fact and law relevant to the dispute before them.
5419/16                                                                 AV/NT/sr                   89
                                                DGD 2                                            EN
 ---pagebreak---         Where a complaint has been rejected or dismissed by a supervisory authority, the
        complainant may bring proceedings before the courts in the same Member State. In the
        context of judicial remedies relating to the application of this Regulation, national courts
        which consider a decision on the question necessary to enable them to give judgment, may,
        or in the case provided for in Article 267 TFEU, must, request the Court of Justice to give
        a preliminary ruling on the interpretation of Union law, including this Regulation.
        Furthermore, where a decision of a supervisory authority implementing a decision of the
        Board is challenged before a national court and the validity of the decision of the Board is
        at issue, that national court does not have the power to declare the Board's decision invalid
        but must refer the question of validity to the Court of Justice in accordance with
        Article 267 TFEU as interpreted by the Court of Justice, where it considers the decision
        invalid. However, a national court may not refer a question on the validity of the decision
        of the Board at the request of a natural or legal person which had the opportunity to bring
        an action for annulment of that decision, in particular if it was directly and individually
        concerned by that decision, but had not done so within the period laid down by
        Article 263 TFEU.
5419/16                                                                  AV/NT/sr                    90
                                                DGD 2                                             EN
 ---pagebreak--- (144)   Where a court seized of proceedings against a decision by a supervisory authority has
        reason to believe that proceedings concerning the same processing, such as the same
        subject matter as regards processing by the same controller or processor, or the same cause
        of action, are brought before a competent court in another Member State, it should contact
        that court in order to confirm the existence of such related proceedings. If related
        proceedings are pending before a court in another Member State, any court other than the
        court first seized may stay its proceedings or may, on request of one of the parties, decline
        jurisdiction in favour of the court first seized if that court has jurisdiction over the
        proceedings in question and its law permits the consolidation of such related proceedings.
        Proceedings are deemed to be related where they are so closely connected that it is
        expedient to hear and determine them together in order to avoid the risk of irreconcilable
        judgments resulting from separate proceedings.
(145)   For proceedings against a controller or processor, the plaintiff should have the choice to
        bring the action before the courts of the Member States where the controller or processor
        has an establishment or where the data subject resides, unless the controller is a public
        authority of a Member State acting in the exercise of its public powers.
5419/16                                                                    AV/NT/sr                 91
                                                 DGD 2                                            EN
 ---pagebreak--- (146)   The controller or processor should compensate any damage which a person may suffer as a
        result of processing that infringes this Regulation. The controller or processor should be
        exempt from liability if it proves that it is not in any way responsible for the damage. The
        concept of damage should be broadly interpreted in the light of the case-law of the Court of
        Justice in a manner which fully reflects the objectives of this Regulation. This is without
        prejudice to any claims for damage deriving from the violation of other rules in Union or
        Member State law. Processing that infringes this Regulation also includes processing that
        infringes delegated and implementing acts adopted in accordance with this Regulation and
        Member State law specifying rules of this Regulation. Data subjects should receive full and
        effective compensation for the damage they have suffered. Where controllers or processors
        are involved in the same processing, each controller or processor should be held liable for
        the entire damage. However, where they are joined to the same judicial proceedings, in
        accordance with Member State law, compensation may be apportioned according to the
        responsibility of each controller or processor for the damage caused by the processing,
        provided that full and effective compensation of the data subject who suffered the damage
        is ensured. Any controller or processor which has paid full compensation may
        subsequently institute recourse proceedings against other controllers or processors
        involved in the same processing.
5419/16                                                                  AV/NT/sr                   92
                                                 DGD 2                                           EN
 ---pagebreak--- (147)   Where specific rules on jurisdiction are contained in this Regulation, in particular as
        regards proceedings seeking a judicial remedy including compensation, against a controller
        or processor, general jurisdiction rules such as those of Regulation (EU) No 1215/2012 of
        the European Parliament and of the Council 1 should not prejudice the application of such
        specific rules.
(148)   In order to strengthen the enforcement of the rules of this Regulation, penalties including
        administrative fines should be imposed for any infringement of this Regulation, in addition
        to, or instead of appropriate measures imposed by the supervisory authority pursuant to this
        Regulation. In a case of a minor infringement or if the fine likely to be imposed would
        constitute a disproportionate burden to a natural person, a reprimand may be issued instead
        of a fine. Due regard should however be given to the nature, gravity and duration of the
        infringement, the intentional character of the infringement, actions taken to mitigate the
        damage suffered, degree of responsibility or any relevant previous infringements, the
        manner in which the infringement became known to the supervisory authority, compliance
        with measures ordered against the controller or processor, adherence to a code of conduct
        and any other aggravating or mitigating factor. The imposition of penalties including
        administrative fines should be subject to appropriateprocedural safeguards in accordance
        with the general principles of Union law and the Charter, including effective judicial
        protection and due process.
1
      Regulation (EU) No 1215/2012 of the European Parliament and of the Council of
      12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil
      and commercial matters (OJ L 351, 20.12.2012, p. 1).
5419/16                                                                 AV/NT/sr                    93
                                                DGD 2                                            EN
 ---pagebreak--- (149)   Member States should be able to lay down the rules on criminal penalties for infringements
        of this Regulation, including for infringements of national rules adopted pursuant to and
        within the limits of this Regulation. Those criminal penalties may also allow for the
        deprivation of the profits obtained through infringements of this Regulation. However, the
        imposition of criminal penalties for infringements of such national rules and of
        administrative penalties should not lead to a breach of the principle of ne bis in idem, as
        interpreted by the Court of Justice.
5419/16                                                                 AV/NT/sr                    94
                                                DGD 2                                             EN
 ---pagebreak--- (150)   In order to strengthen and harmonise administrative penalties for infringements of this
        Regulation, each supervisory authority should have the power to impose administrative
        fines. This Regulation should indicate infringements and the upper limit and criteria for
        fixing the related administrative fines, which should be determined by the competent
        supervisory authority in each individual case, taking into account all relevant
        circumstances of the specific situation, with due regard in particular to the nature, gravity
        and duration of the infringement and of its consequences and the measures taken to ensure
        compliance with the obligations under this Regulation and to prevent or mitigate the
        consequences of the infringement. Where administrative fines are imposed on an
        undertaking, an undertaking should be understood to be an undertaking in accordance with
        Articles 101 and 102 TFEU for those purposes. Where administrative fines are imposed on
        persons that are not an undertaking, the supervisory authority should take account of the
        general level of income in the Member State as well as the economic situation of the
        person in considering the appropriate amount of the fine. The consistency mechanism may
        also be used to promote a consistent application of administrative fines. It should be for the
        Member States to determine whether and to which extent public authorities should be
        subject to administrative fines. Imposing an administrative fine or giving a warning does
        not affect the application of other powers of the supervisory authorities or of other
        penalties under this Regulation.
5419/16                                                                AV/NT/sr                      95
                                                DGD 2                                             EN
 ---pagebreak--- (151)   The legal systems of Denmark and Estonia do not allow for administrative fines as set out
        in this Regulation. The rules on administrative fines may be applied in such a manner that
        in Denmark the fine is imposed by competent national courts as a criminal penalty and in
        Estonia the fine is imposed by the supervisory authority in the framework of a
        misdemeanor procedure, provided that such an application of the rules in those
        Member States has an equivalent effect to administrative fines imposed by supervisory
        authorities. Therefore the competent national courts should take into account the
        recommendation by the supervisory authority initiating the fine. In any event, the fines
        imposed should be effective, proportionate and dissuasive.
(152)   Where this Regulation does not harmonise administrative penalties or where necessary in
        other cases, for example in cases of serious infringements of this Regulation,
        Member States should implement a system which provides for effective, proportionate and
        dissuasive penalties. The nature of such penalties, criminal or administrative, should be
        determined by Member State law.
5419/16                                                                AV/NT/sr                   96
                                               DGD 2                                            EN
 ---pagebreak--- (153)   Member States law should reconcile the rules governing freedom of expression and
        information, including journalistic, academic, artistic and or literary expression with the
        right to the protection of personal data pursuant to this Regulation. The processing of
        personal data solely for journalistic purposes, or for the purposes of academic, artistic or
        literary expression should be subject to derogations or exemptions from certain provisions
        of this Regulation if necessary to reconcile the right to the protection of personal data with
        the right to freedom of expression and information, as enshrined in Article 11 of the
        Charter. This should apply in particular to the processing of personal data in the
        audiovisual field and in news archives and press libraries. Therefore, Member States
        should adopt legislative measures which lay down the exemptions and derogations
        necessary for the purpose of balancing those fundamental rights. Member States should
        adopt such exemptions and derogations on general principles, the rights of the data subject,
        the controller and the processor, the transfer of personal data to third countries or
        international organisations, the independent supervisory authorities, cooperation and
        consistency, and specific data-processing situations. Where such exemptions or
        derogations differ from one Member State to another, the law of the Member State to
        which the controller is subject should apply. In order to take account of the importance of
        the right to freedom of expression in every democratic society, it is necessary to interpret
        notions relating to that freedom, such as journalism, broadly.
5419/16                                                                  AV/NT/sr                    97
                                                DGD 2                                             EN
 ---pagebreak--- (154)   This Regulation allows the principle of public access to official documents to be taken into
        account when applying this Regulation. Public access to official documents may be
        considered to be in the public interest. Personal data in documents held by a public
        authority or a public body should be able to be publicly disclosed by that authority or body
        if the disclosure is provided for by Union or Member State law to which the public
        authority or public body is subject. Such laws should reconcile public access to official
        documents and the reuse of public sector information with the right to the protection of
        personal data and may therefore provide for the necessary reconciliation with the right to
        the protection of personal data pursuant to this Regulation. The reference to public
        authorities and bodies should in that context include all authorities or other bodies covered
        by Member State law on public access to documents. Directive 2003/98/EC of the
        European Parliament and of the Council 1 leaves intact and in no way affects the level of
        protection of natural persons with regard to the processing of personal data under the
        provisions of Union and Member State law, and in particular does not alter the obligations
        and rights set out in this Regulation. In particular, that Directive should not apply to
        documents to which access is excluded or restricted by virtue of the access regimes on the
        grounds of protection of personal data, and parts of documents accessible by virtue of
        those regimes which contain personal data the re-use of which has been provided for by
        law as being incompatible with the law concerning the protection of natural persons with
        regard to the processing of personal data.
1
      Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003
      on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).
5419/16                                                                   AV/NT/sr                  98
                                                DGD 2                                            EN
 ---pagebreak--- (155)   Member State law or collective agreements, including 'works agreements', may provide for
        specific rules on the processing of employees' personal data in the employment context, in
        particular for the conditions under which personal data in the employment context may be
        processed on the basis of the consent of the employee, the purposes of the recruitment, the
        performance of the contract of employment, including discharge of obligations laid down
        by law or by collective agreements, management, planning and organisation of work,
        equality and diversity in the workplace, health and safety at work, and for the purposes of
        the exercise and enjoyment, on an individual or collective basis, of rights and benefits
        related to employment, and for the purpose of the termination of the employment
        relationship.
5419/16                                                                AV/NT/sr                   99
                                              DGD 2                                              EN
 ---pagebreak--- (156)   The processing of personal data for archiving purposes in the public interest, scientific or
        historical research purposes or statistical purposes should be subject to appropriate
        safeguards for the rights and freedoms of the data subject pursuant to this Regulation.
        Those safeguards should ensure that technical and organisational measures are in place in
        order to ensure, in particular, the principle of data minimisation. The further processing of
        personal data for archiving purposes in the public interest, scientific or historical research
        purposes or statistical purposes is to be carried out when the controller has assessed the
        feasibility to fulfil those purposes by processing data which do not permit or no longer
        permit the identification of data subjects, provided that appropriate safeguards exist (such
        as, for instance, pseudonymisation of the data). Member States should provide for
        appropriate safeguards for the processing of personal data for archiving purposes in the
        public interest, scientific or historical research purposes or statistical purposes.
        Member States should be authorised to provide, under specific conditions and subject to
        appropriate safeguards for data subjects, specifications and derogations with regard to the
        information requirements and rights to rectification, to erasure, to be forgotten, to
        restriction of processing, to data portability, and to object when processing personal data
        for archiving purposes in the public interest, scientific or historical research purposes or
        statistical purposes. The conditions and safeguards in question may entail specific
        procedures for data subjects to exercise those rights if this is appropriate in the light of the
        purposes sought by the specific processing along with technical and organisational
        measures aimed at minimising the processing of personal data in pursuance of the
        proportionality and necessity principles. The processing of personal data for scientific
        purposes should also comply with other relevant legislation such as on clinical trials.
5419/16                                                                   AV/NT/sr                    100
                                                  DGD 2                                             EN
 ---pagebreak--- (157)   By coupling information from registries, researchers can obtain new knowledge of great
        value with regard to widespread medical conditions such as cardiovascular disease, cancer
        and depression. On the basis of registries, research results can be enhanced, as they draw
        on a larger population. Within social science, research on the basis of registries enables
        researchers to obtain essential knowledge about the long-term correlation of a number of
        social conditions such as unemployment and education with other life conditions. Research
        results obtained through registries provide solid, high-quality knowledge which can
        provide the basis for the formulation and implementation of knowledge-based policy,
        improve the quality of life for a number of people and improve the efficiency of social
        services. In order to facilitate scientific research, personal data can be processed for
        scientific research purposes, subject to appropriate conditions and safeguards set out in
        Union or Member State law.
(158)   Where personal data are processed for archiving purposes, this Regulation should also
        apply to that processing, bearing in mind that this Regulation should not apply to deceased
        persons. Public authorities or public or private bodies that hold records of public interest
        should be services which, pursuant to Union or Member State law, have a legal obligation
        to acquire, preserve, appraise, arrange, describe, communicate, promote, disseminate and
        provide access to records of enduring value for general public interest. Member States
        should also be authorised to provide for the further processing of personal data for
        archiving purposes, for example with a view to providing specific information related to
        the political behaviour under former totalitarian state regimes, genocide, crimes against
        humanity, in particular the Holocaust, or war crimes.
5419/16                                                                   AV/NT/sr                 101
                                                  DGD 2                                           EN
 ---pagebreak--- (159)   Where personal data are processed for scientific research purposes, this Regulation should
        also apply to that processing. For the purposes of this Regulation, the processing of
        personal data for scientific research purposes should be interpreted in a broad manner
        including for example technological development and demonstration, fundamental
        research, applied research and privately funded research. In addition, it should take into
        account the Union's objective under Article 179(1) TFEU of achieving a European
        Research Area. Scientific research purposes should also include studies conducted in the
        public interest in the area of public health. To meet the specificities of processing personal
        data for scientific research purposes, specific conditions should apply in particular as
        regards the publication or otherwise disclosure of personal data in the context of scientific
        research purposes. If the result of scientific research in particular in the health context
        gives reason for further measures in the interest of the data subject, the general rules of this
        Regulation should apply in view of those measures.
(160)   Where personal data are processed for historical research purposes, this Regulation should
        also apply to that processing. This should also include historical research and research for
        genealogical purposes, bearing in mind that this Regulation should not apply to deceased
        persons.
(161)   For the purpose of consenting to the participation in scientific research activities in clinical
        trials, the relevant provisions of Regulation (EU) No 536/2014 of the European Parliament
        and of the Council 1 should apply.
1
      Regulation (EU) No 536/2014 of the European Parliament and of the Council of
      16 April 2014 on clinical trials on medicinal products for human use, and repealing
      Directive 2001/20/EC (OJ L 158, 27.5.2014, p. 1).
5419/16                                                                   AV/NT/sr                   102
                                                DGD 2                                               EN
 ---pagebreak--- (162)   Where personal data are processed for statistical purposes, this Regulation should apply to
        that processing. Union or Member State law should, within the limits of this Regulation,
        determine statistical content, control of access, specifications for the processing of personal
        data for statistical purposes and appropriate measures to safeguard the rights and freedoms
        of the data subject and for ensuring statistical confidentiality. Statistical purposes mean any
        operation of collection and the processing of personal data necessary for statistical surveys
        or for the production of statistical results. Those statistical results may further be used for
        different purposes, including a scientific research purpose. The statistical purpose implies
        that the result of processing for statistical purposes is not personal data, but aggregate data,
        and that this result or the personal data are not used in support of measures or decisions
        regarding any particular natural person.
(163)   The confidential information which the Union and national statistical authorities collect for
        the production of official European and official national statistics should be protected.
        European statistics should be developed, produced and disseminated in accordance with
        the statistical principles as set out in Article 338(2) TFEU, while national statistics should
        also comply with Member State law. Regulation (EC) No 223/2009 of the European
        Parliament and of the Council 1 provides further specifications on statistical confidentiality
        for European statistics.
1
      Regulation (EC) No 223/2009 of the European Parliament and of the Council of
      11 March 2009 on European statistics and repealing Regulation (EC, Euratom)
      No 1101/2008 of the European Parliament and of the Council on the transmission of data
      subject to statistical confidentiality to the Statistical Office of the European Communities,
      Council Regulation (EC) No 322/97 on Community Statistics, and Council
      Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of
      the European Communities (OJ L 87, 31.3.2009, p. 164).
5419/16                                                                    AV/NT/sr                  103
                                                  DGD 2                                             EN
 ---pagebreak--- (164)   As regards the powers of the supervisory authorities to obtain from the controller or
        processor access to personal data and access to their premises, Member States may adopt
        by law, within the limits of this Regulation, specific rules in order to safeguard the
        professional or other equivalent secrecy obligations, in so far as necessary to reconcile the
        right to the protection of personal data with an obligation of professional secrecy. This is
        without prejudice to existing Member State obligations to adopt rules on professional
        secrecy where required by Union law.
(165)   This Regulation respects and does not prejudice the status under existing constitutional law
        of churches and religious associations or communities in the Member States, as recognised
        in Article 17 TFEU.
(166)   In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights
        and freedoms of natural persons and in particular their right to the protection of personal
        data and to ensure the free movement of personal data within the Union, the power to
        adopt acts in accordance with Article 290 TFEU should be delegated to the Commission.
        In particular, delegated acts should be adopted in respect of criteria and requirements for
        certification mechanisms, information to be presented by standardised icons and
        procedures for providing such icons. It is of particular importance that the Commission
        carry out appropriate consultations during its preparatory work, including at expert level.
        The Commission, when preparing and drawing-up delegated acts, should ensure a
        simultaneous, timely and appropriate transmission of relevant documents to the European
        Parliament and to the Council.
5419/16                                                                  AV/NT/sr                  104
                                                  DGD 2                                          EN
 ---pagebreak--- (167)   In order to ensure uniform conditions for the implementation of this Regulation,
        implementing powers should be conferred on the Commission when provided for by this
        Regulation. Those powers should be exercised in accordance with Regulation (EU)
        No 182/2011. In that context, the Commission should consider specific measures for
        micro, small and medium-sized enterprises.
(168)   The examination procedure should be used for the adoption of implementing acts on
        standard contractual clauses between controllers and processors and between processors;
        codes of conduct; technical standards and mechanisms for certification; the adequate level
        of protection afforded by a third country, a territory or a specified sector within that third
        country, or an international organisation; standard protection clauses; formats and
        procedures for the exchange of information by electronic means between controllers,
        processors and supervisory authorities for binding corporate rules; mutual assistance; and
        arrangements for the exchange of information by electronic means between supervisory
        authorities, and between supervisory authorities and the Board.
(169)   The Commission should adopt immediately applicable implementing acts where available
        evidence reveals that a third country, a territory or a specified sector within that third
        country, or an international organisation does not ensure an adequate level of protection,
        and imperative grounds of urgency so require.
5419/16                                                                  AV/NT/sr                    105
                                                DGD 2                                              EN
 ---pagebreak--- (170)   Since the objective of this Regulation, namely to ensure an equivalent level of protection
        of natural persons and the free flow of personal data throughout the Union, cannot be
        sufficiently achieved by the Member States and can rather, by reason of the scale or effects
        of the action, be better achieved at Union level, the Union may adopt measures, in
        accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on
        European Union (TEU). In accordance with the principle of proportionality as set out in
        that Article, this Regulation does not go beyond what is necessary in order to achieve that
        objective.
(171)   Directive 95/46/EC should be repealed by this Regulation. Processing already under way
        on the date of application of this Regulation should be brought into conformity with this
        Regulation within the period of two years after which this Regulation enters into force.
        Where processing is based on consent pursuant to Directive 95/46/EC, it is not necessary
        for the data subject to give his or her consent again if the manner in which the consent has
        been given is in line with the conditions of this Regulation, so as to allow the controller to
        continue such processing after the date of application of this Regulation. Commission
        decisions adopted and authorisations by supervisory authorities based on
        Directive 95/46/EC remain in force until amended, replaced or repealed.
(172)   The European Data Protection Supervisor was consulted in accordance with Article 28(2)
        of Regulation (EC) No 45/2001 and delivered an opinion on 7 March 2012 1.
1
      OJ C 192, 30.6.2012, p. 7.
5419/16                                                                 AV/NT/sr                    106
                                                 DGD 2                                            EN
 ---pagebreak--- (173)   This Regulation should apply to all matters concerning the protection of fundamental rights
        and freedoms vis-à-vis the processing of personal data which are not subject to specific
        obligations with the same objective set out in Directive 2002/58/EC of the European
        Parliament and of the Council 1, including the obligations on the controller and the rights of
        natural persons. In order to clarify the relationship between this Regulation and
        Directive 2002/58/EC, that Directive should be amended accordingly. Once this
        Regulation is adopted, Directive 2002/58/EC should be reviewed in particular in order to
        ensure consistency with this Regulation,
HAVE ADOPTED THIS REGULATION:
1
      Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002
      concerning the processing of personal data and the protection of privacy in the electronic
      communications sector (Directive on privacy and electronic communications) (OJ L 201,
      31.7.2002, p. 37).
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                                                DGD 2                                            EN
 ---pagebreak---                                            CHAPTER I
                                 GENERAL PROVISIONS
                                                Article 1
                                     Subject-matter and objectives
1.      This Regulation lays down rules relating to the protection of natural persons with regard to
        the processing of personal data and rules relating to the free movement of personal data.
2.      This Regulation protects fundamental rights and freedoms of natural persons and in
        particular their right to the protection of personal data.
3.      The free movement of personal data within the Union shall be neither restricted nor
        prohibited for reasons connected with the protection of natural persons with regard to the
        processing of personal data.
                                                Article 2
                                             Material scope
1.      This Regulation applies to the processing of personal data wholly or partly by automated
        means and to the processing other than by automated means of personal data which form
        part of a filing system or are intended to form part of a filing system.
5419/16                                                                   AV/NT/sr               108
                                                 DGD 2                                         EN
 ---pagebreak--- 2.      This Regulation does not apply to the processing of personal data:
        (a)   in the course of an activity which falls outside the scope of Union law;
        (b)   by the Member States when carrying out activities which fall within the scope of
              Chapter 2 of Title V of the TEU;
        (c)   by a natural person in the course of a purely personal or household activity;
        (d)   by competent authorities for the purposes of the prevention, investigation, detection
              or prosecution of criminal offences, the execution of criminal penalties, including the
              safeguarding against and the prevention of threats to public security.
3.      For the processing of personal data by the Union institutions, bodies, offices and agencies,
        Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal
        acts applicable to such processing of personal data shall be adapted to the principles and
        rules of this Regulation in accordance with Article 98.
4.      This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in
        particular of the liability rules of intermediary service providers in Articles 12 to 15 of that
        Directive.
5419/16                                                                  AV/NT/sr                    109
                                                  DGD 2                                            EN
 ---pagebreak---                                                 Article 3
                                           Territorial scope
1.      This Regulation applies to the processing of personal data in the context of the activities of
        an establishment of a controller or a processor in the Union, regardless of whether the
        processing takes place in the Union or not.
2.      This Regulation applies to the processing of personal data of data subjects who are in the
        Union by a controller or processor not established in the Union, where the processing
        activities are related to:
        (a)    the offering of goods or services, irrespective of whether a payment of the data
               subject is required, to such data subjects in the Union; or
        (b)    the monitoring of their behaviour as far as their behaviour takes place within the
               Union.
3.      This Regulation applies to the processing of personal data by a controller not established in
        the Union, but in a place where Member State law applies by virtue of public international
        law.
5419/16                                                                  AV/NT/sr                  110
                                                 DGD 2                                            EN
 ---pagebreak---                                                  Article 4
                                                Definitions
For the purposes of this Regulation:
(1)      'personal data' means any information relating to an identified or identifiable natural person
         ('data subject'); an identifiable natural person is one who can be identified, directly or
         indirectly, in particular by reference to an identifier such as a name, an identification
         number, location data, an online identifier or to one or more factors specific to the
         physical, physiological, genetic, mental, economic, cultural or social identity of that natural
         person;
(2)      'processing' means any operation or set of operations which is performed on personal data
         or on sets of personal data, whether or not by automated means, such as collection,
         recording, organisation, structuring, storage, adaptation or alteration, retrieval,
         consultation, use, disclosure by transmission, dissemination or otherwise making available,
         alignment or combination, restriction, erasure or destruction;
(3)      'restriction of processing' means the marking of stored personal data with the aim of
         limiting their processing in the future;
(4)      'profiling' means any form of automated processing of personal data consisting of the use
         of personal data to evaluate certain personal aspects relating to a natural person, in
         particular to analyse or predict aspects concerning that natural person's performance at
         work, economic situation, health, personal preferences, interests, reliability, behaviour,
         location or movements;
5419/16                                                                    AV/NT/sr                  111
                                                   DGD 2                                            EN
 ---pagebreak--- (5)     'pseudonymisation' means the processing of personal data in such a manner that the
        personal data can no longer be attributed to a specific data subject without the use of
        additional information, provided that such additional information is kept separately and is
        subject to technical and organisational measures to ensure that the personal data are not
        attributed to an identified or identifiable natural person;
(6)     'filing system' means any structured set of personal data which are accessible according to
        specific criteria, whether centralised, decentralised or dispersed on a functional or
        geographical basis;
(7)     'controller' means the natural or legal person, public authority, agency or other body which,
        alone or jointly with others, determines the purposes and means of the processing of
        personal data; where the purposes and means of such processing are determined by Union
        or Member State law, the controller or the specific criteria for its nomination may be
        provided for by Union or Member State law;
(8)     'processor' means a natural or legal person, public authority, agency or other body which
        processes personal data on behalf of the controller;
(9)     'recipient' means a natural or legal person, public authority, agency or another body, to
        which the personal data are disclosed, whether a third party or not. However, public
        authorities which may receive personal data in the framework of a particular inquiry in
        accordance with Union or Member State law shall not be regarded as recipients; the
        processing of those data by those public authorities shall be in compliance with the
        applicable data protection rules according to the purposes of the processing;
5419/16                                                                  AV/NT/sr                 112
                                                 DGD 2                                           EN
 ---pagebreak--- (10)    'third party' means a natural or legal person, public authority, agency or body other than the
        data subject, controller, processor and persons who, under the direct authority of the
        controller or processor, are authorised to process personal data;
(11)    'consent' of the data subject means any freely given, specific, informed and unambiguous
        indication of the data subject's wishes by which he or she, by a statement or by a clear
        affirmative action, signifies agreement to the processing of personal data relating to him or
        her;
(12)    'personal data breach' means a breach of security leading to the accidental or unlawful
        destruction, loss, alteration, unauthorised disclosure of, or access to, personal data
        transmitted, stored or otherwise processed;
(13)    'genetic data' means personal data relating to the inherited or acquired genetic
        characteristics of a natural person which give unique information about the physiology or
        the health of that natural person and which result, in particular, from an analysis of a
        biological sample from the natural person in question;
(14)    'biometric data' means personal data resulting from specific technical processing relating to
        the physical, physiological or behavioural characteristics of a natural person, which allow
        or confirm the unique identification of that natural person, such as facial images or
        dactyloscopic data;
5419/16                                                                  AV/NT/sr                 113
                                                DGD 2                                            EN
 ---pagebreak--- (15)    'data concerning health' means personal data related to the physical or mental health of a
        natural person, including the provision of health care services, which reveal information
        about his or her health status;
(16)    'main establishment' means:
        (a)    as regards a controller with establishments in more than one Member State, the place
               of its central administration in the Union, unless the decisions on the purposes and
               means of the processing of personal data are taken in another establishment of the
               controller in the Union and the latter establishment has the power to have such
               decisions implemented, in which case the establishment having taken such decisions
               is to be considered to be the main establishment;
        (b)    as regards a processor with establishments in more than one Member State, the place
               of its central administration in the Union, or, if the processor has no central
               administration in the Union, the establishment of the processor in the Union where
               the main processing activities in the context of the activities of an establishment of
               the processor take place to the extent that the processor is subject to specific
               obligations under this Regulation;
(17)    'representative' means a natural or legal person established in the Union who, designated
        by the controller or processor in writing pursuant to Article 27, represents the controller or
        processor with regard to their respective obligations under this Regulation;
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                                                  DGD 2                                            EN
 ---pagebreak--- (18)    'enterprise' means a natural or legal person engaged in an economic activity, irrespective of
        its legal form, including partnerships or associations regularly engaged in an economic
        activity;
(19)    'group of undertakings' means a controlling undertaking and its controlled undertakings;
(20)    'binding corporate rules' means personal data protection policies which are adhered to by a
        controller or processor established on the territory of a Member State for transfers or a set
        of transfers of personal data to a controller or processor in one or more third countries
        within a group of undertakings, or group of enterprises engaged in a joint economic
        activity;
(21)    'supervisory authority' means an independent public authority which is established by a
        Member State pursuant to Article 51;
(22)    'supervisory authority concerned' means a supervisory authority which is concerned by the
        processing of personal data because:
        (a)    the controller or processor is established on the territory of the Member State of that
               supervisory authority;
        (b)    data subjects residing in the Member State of that supervisory authority are
               substantially affected or likely to be substantially affected by the processing; or
        (c)    a complaint has been lodged with that supervisory authority;
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                                                 DGD 2                                             EN
 ---pagebreak--- (23)    'cross-border processing' means either:
        (a)    processing of personal data which takes place in the context of the activities of
               establishments in more than one Member State of a controller or processor in the
               Union where the controller or processor is established in more than one
               Member State; or
        (b)    processing of personal data which takes place in the context of the activities of a
               single establishment of a controller or processor in the Union but which substantially
               affects or is likely to substantially affect data subjects in more than one
               Member State.
(24)    'relevant and reasoned objection' means an objection as to whether there is an infringement
        of this Regulation or not, or whether the envisaged action in relation to the controller or
        processor complies with this Regulation, which clearly demonstrates the significance of the
        risks posed by the draft decision as regards the fundamental rights and freedoms of data
        subjects and, where applicable, the free flow of personal data within the Union;
(25)    'information society service' means a service as defined in point (b) of Article 1(1) of
        Directive (EU) 2015/1535 of the European Parliament and of the Council 1;
(26)    'international organisation' means an organisation and its subordinate bodies governed by
        public international law, or any other body which is set up by, or on the basis of, an
        agreement between two or more countries.
1
      Directive (EU) 2015/1535 of the European Parliament and of the Council of
      9 September 2015 laying down a procedure for the provision of information in the field of
      technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015,
      p. 1).
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                                                  DGD 2                                            EN
 ---pagebreak---                                         CHAPTER II
                                        PRINCIPLES
                                              Article 5
                        Principles relating to processing of personal data
1.      Personal data shall be:
        (a)  processed lawfully, fairly and in a transparent manner in relation to the data subject
             ('lawfulness, fairness and transparency');
        (b)  collected for specified, explicit and legitimate purposes and not further processed in a
             manner that is incompatible with those purposes; further processing for archiving
             purposes in the public interest, scientific or historical research purposes or statistical
             purposes shall, in accordance with Article 89(1), not be considered to be
             incompatible with the initial purposes ('purpose limitation');
        (c)  adequate, relevant and limited to what is necessary in relation to the purposes for
             which they are processed ('data minimisation');
        (d)  accurate and, where necessary, kept up to date; every reasonable step must be taken
             to ensure that personal data that are inaccurate, having regard to the purposes for
             which they are processed, are erased or rectified without delay ('accuracy');
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 ---pagebreak---         (e)   kept in a form which permits identification of data subjects for no longer than is
              necessary for the purposes for which the personal data are processed; personal data
              may be stored for longer periods insofar as the personal data will be processed solely
              for archiving purposes in the public interest, scientific or historical research purposes
              or statistical purposes in accordance with Article 89(1) subject to implementation of
              the appropriate technical and organisational measures required by this Regulation in
              order to safeguard the rights and freedoms of the data subject ('storage limitation');
        (f)   processed in a manner that ensures appropriate security of the personal data,
              including protection against unauthorised or unlawful processing and against
              accidental loss, destruction or damage, using appropriate technical or organisational
              measures ('integrity and confidentiality').
2.      The controller shall be responsible for, and be able to demonstrate compliance with,
        paragraph 1 ('accountability').
                                               Article 6
                                       Lawfulness of processing
1.      Processing shall be lawful only if and to the extent that at least one of the following
        applies:
        (a)   the data subject has given consent to the processing of his or her personal data for
              one or more specific purposes;
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 ---pagebreak---         (b)   processing is necessary for the performance of a contract to which the data subject is
              party or in order to take steps at the request of the data subject prior to entering into a
              contract;
        (c)   processing is necessary for compliance with a legal obligation to which the controller
              is subject;
        (d)   processing is necessary in order to protect the vital interests of the data subject or of
              another natural person;
        (e)   processing is necessary for the performance of a task carried out in the public interest
              or in the exercise of official authority vested in the controller;
        (f)   processing is necessary for the purposes of the legitimate interests pursued by the
              controller or by a third party, except where such interests are overridden by the
              interests or fundamental rights and freedoms of the data subject which require
              protection of personal data, in particular where the data subject is a child.
        Point (f) of the first subparagraph shall not apply to processing carried out by public
        authorities in the performance of their tasks.
2.      Member States may maintain or introduce more specific provisions to adapt the application
        of the rules of this Regulation with regard to processing for compliance with points (c)
        and (e) of paragraph 1 by determining more precisely specific requirements for the
        processing and other measures to ensure lawful and fair processing including for other
        specific processing situations as provided for in Chapter IX.
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 ---pagebreak--- 3.      The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid
        down by:
        (a)    Union law; or
        (b)    Member State law to which the controller is subject.
        The purpose of the processing shall be determined in that legal basis or, as regards the
        processing referred to in point (e) of paragraph 1, shall be necessary for the performance of
        a task carried out in the public interest or in the exercise of official authority vested in the
        controller. That legal basis may contain specific provisions to adapt the application of rules
        of this Regulation, inter alia: the general conditions governing the lawfulness of processing
        by the controller; the types of data which are subject to the processing; the data subjects
        concerned; the entities to, and the purposes for which, the personal data may be disclosed;
        the purpose limitation; storage periods; and processing operations and processing
        procedures, including measures to ensure lawful and fair processing such as those for other
        specific processing situations as provided for in Chapter IX. The Union or the
        Member State law shall meet an objective of public interest and be proportionate to the
        legitimate aim pursued.
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 ---pagebreak--- 4.      Where the processing for a purpose other than that for which the personal data have been
        collected is not based on the data subject's consent or on a Union or Member State law
        which constitutes a necessary and proportionate measure in a democratic society to
        safeguard the objectives referred to in Article 23(1), the controller shall, in order to
        ascertain whether processing for another purpose is compatible with the purpose for which
        the personal data are initially collected, take into account, inter alia:
        (a)   any link between the purposes for which the personal data have been collected and
              the purposes of the intended further processing;
        (b)   the context in which the personal data have been collected, in particular regarding the
              relationship between data subjects and the controller;
        (c)   the nature of the personal data, in particular whether special categories of personal
              data are processed, pursuant to Article 9, or whether personal data related to criminal
              convictions and offences are processed, pursuant to Article 10;
        (d)   the possible consequences of the intended further processing for data subjects;
        (e)   the existence of appropriate safeguards, which may include encryption or
              pseudonymisation.
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 ---pagebreak---                                                 Article 7
                                        Conditions for consent
1.      Where processing is based on consent, the controller shall be able to demonstrate that the
        data subject has consented to processing of his or her personal data.
2.      If the data subject's consent is given in the context of a written declaration which also
        concerns other matters, the request for consent shall be presented in a manner which is
        clearly distinguishable from the other matters, in an intelligible and easily accessible form,
        using clear and plain language. Any part of such a declaration which constitutes an
        infringement of this Regulation shall not be binding.
3.      The data subject shall have the right to withdraw his or her consent at any time. The
        withdrawal of consent shall not affect the lawfulness of processing based on consent before
        its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall
        be as easy to withdraw consent as to give it.
4.      When assessing whether consent is freely given, utmost account shall be taken of whether,
        inter alia, the performance of a contract, including the provision of a service, is conditional
        on consent to the processing of personal data that is not necessary for the performance of
        that contract.
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 ---pagebreak---                                                 Article 8
                               Conditions applicable to child's consent
                              in relation to information society services
1.      Where point (a) of Article 6(1) applies, in relation to the offer of information society
        services directly to a child, the processing of the personal data of a child shall be lawful
        where the child is at least 16 years old. Where the child is below the age of 16 years, such
        processing shall be lawful only if and to the extent that consent is given or authorised by
        the holder of parental responsibility over the child.
        Member States may provide by law for a lower age for those purposes provided that such
        lower age is not below 13 years.
2.      The controller shall make reasonable efforts to verify in such cases that consent is given or
        authorised by the holder of parental responsibility over the child, taking into consideration
        available technology.
3.      Paragraph 1 shall not affect the general contract law of Member States such as the rules on
        the validity, formation or effect of a contract in relation to a child.
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 ---pagebreak---                                                Article 9
                         Processing of special categories of personal data
1.      Processing of personal data revealing racial or ethnic origin, political opinions, religious or
        philosophical beliefs, or trade-union membership, and the processing of genetic data,
        biometric data for the purpose of uniquely identifying a natural person, data concerning
        health or data concerning a natural person's sex life or sexual orientation shall be
        prohibited.
2.      Paragraph 1 shall not apply if one of the following applies:
        (a)   the data subject has given explicit consent to the processing of those personal data
              for one or more specified purposes, except where Union or Member State law
              provide that the prohibition referred to in paragraph 1 may not be lifted by the data
              subject;
        (b)   processing is necessary for the purposes of carrying out the obligations and
              exercising specific rights of the controller or of the data subject in the field of
              employment and social security and social protection law in so far as it is authorised
              by Union or Member State law or a collective agreement pursuant to Member State
              law providing for appropriate safeguards for the fundamental rights and the interests
              of the data subject;
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 ---pagebreak---         (c) processing is necessary to protect the vital interests of the data subject or of another
            natural person where the data subject is physically or legally incapable of giving
            consent;
        (d) processing is carried out in the course of its legitimate activities with appropriate
            safeguards by a foundation, association or any other not-for-profit body with a
            political, philosophical, religious or trade-union aim and on condition that the
            processing relates solely to the members or to former members of the body or to
            persons who have regular contact with it in connection with its purposes and that the
            personal data are not disclosed outside that body without the consent of the data
            subjects;
        (e) processing relates to personal data which are manifestly made public by the data
            subject;
        (f) processing is necessary for the establishment, exercise or defence of legal claims or
            whenever courts are acting in their judicial capacity;
        (g) processing is necessary for reasons of substantial public interest, on the basis of
            Union or Member State law which shall be proportionate to the aim pursued, respect
            the essence of the right to data protection and provide for suitable and specific
            measures to safeguard the fundamental rights and the interests of the data subject;
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 ---pagebreak---         (h) processing is necessary for the purposes of preventive or occupational medicine, for
            the assessment of the working capacity of the employee, medical diagnosis, the
            provision of health or social care or treatment or the management of health or social
            care systems and services on the basis of Union or Member State law or pursuant to
            contract with a health professional and subject to the conditions and safeguards
            referred to in paragraph 3;
        (i) processing is necessary for reasons of public interest in the area of public health,
            such as protecting against serious cross-border threats to health or ensuring high
            standards of quality and safety of health care and of medicinal products or medical
            devices, on the basis of Union or Member State law which provides for suitable and
            specific measures to safeguard the rights and freedoms of the data subject, in
            particular professional secrecy; or
        (j) processing is necessary for archiving purposes in the public interest, scientific or
            historical research purposes or statistical purposes in accordance with Article 89(1)
            based on Union or Member State law which shall be proportionate to the aim
            pursued, respect the essence of the right to data protection and provide for suitable
            and specific measures to safeguard the fundamental rights and the interests of the
            data subject.
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 ---pagebreak--- 3.       Personal data referred to in paragraph 1 may be processed for the purposes referred to in
         point (h) of paragraph 2 when those data are processed by or under the responsibility of a
         professional subject to the obligation of professional secrecy under Union or Member State
         law or rules established by national competent bodies or by another person also subject to
         an obligation of secrecy under Union or Member State law or rules established by national
         competent bodies.
4.       Member States may maintain or introduce further conditions, including limitations, with
         regard to the processing of genetic data, biometric data or data concerning health.
                                               Article 10
             Processing of personal data relating to criminal convictions and offences
Processing of personal data relating to criminal convictions and offences or related security
measures based on Article 6(1) shall be carried out only under the control of official authority or
when the processing is authorised by Union or Member State law providing for appropriate
safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal
convictions shall be kept only under the control of official authority.
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 ---pagebreak---                                                Article 11
                          Processing which does not require identification
1.      If the purposes for which a controller processes personal data do not or do no longer
        require the identification of a data subject by the controller, the controller shall not be
        obliged to maintain, acquire or process additional information in order to identify the data
        subject for the sole purpose of complying with this Regulation.
2.      Where, in cases referred to in paragraph 1 of this Article, the controller is able to
        demonstrate that it is not in a position to identify the data subject, the controller shall
        inform the data subject accordingly, if possible. In such cases, Articles 15 to 20 shall not
        apply except where the data subject, for the purpose of exercising his or her rights under
        those articles, provides additional information enabling his or her identification.
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 ---pagebreak---                                          CHAPTER III
                        RIGHTS OF THE DATA SUBJECT
                                              SECTION 1
                               TRANSPARENCY AND MODALITIES
                                               Article 12
                      Transparent information, communication and modalities
                           for the exercise of the rights of the data subject
1.      The controller shall take appropriate measures to provide any information referred to in
        Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to
        processing to the data subject in a concise, transparent, intelligible and easily accessible
        form, using clear and plain language, in particular for any information addressed
        specifically to a child. The information shall be provided in writing, or by other means,
        including, where appropriate, by electronic means. When requested by the data subject, the
        information may be provided orally, provided that the identity of the data subject is proven
        by other means.
2.      The controller shall facilitate the exercise of data subject rights under Articles 15 to 22. In
        the cases referred to in Article 11(2), the controller shall not refuse to act on the request of
        the data subject for exercising his or her rights under Articles 15 to 22, unless the
        controller demonstrates that it is not in a position to identify the data subject.
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 ---pagebreak--- 3.      The controller shall provide information on action taken on a request under Articles 15
        to 22 to the data subject without undue delay and in any event within one month of receipt
        of the request. That period may be extended by two further months where necessary, taking
        into account the complexity and number of the requests. The controller shall inform the
        data subject of any such extension within one month of receipt of the request, together with
        the reasons for the delay. Where the data subject makes the request by electronic form
        means, the information shall be provided by electronic means where possible, unless
        otherwise requested by the data subject.
4.      If the controller does not take action on the request of the data subject, the controller shall
        inform the data subject without delay and at the latest within one month of receipt of the
        request of the reasons for not taking action and on the possibility of lodging a complaint
        with a supervisory authority and seeking a judicial remedy.
5.      Information provided under Articles 13 and 14 and any communication and any actions
        taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from
        a data subject are manifestly unfounded or excessive, in particular because of their
        repetitive character, the controller may either:
        (a)    charge a reasonable fee taking into account the administrative costs of providing the
               information or communication or taking the action requested; or
        (b)    refuse to act on the request.
        The controller shall bear the burden of demonstrating the manifestly unfounded or
        excessive character of the request.
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 ---pagebreak--- 6.       Without prejudice to Article 11, where the controller has reasonable doubts concerning the
         identity of the natural person making the request referred to in Articles 15 to 21, the
         controller may request the provision of additional information necessary to confirm the
         identity of the data subject.
7.       The information to be provided to data subjects pursuant to Articles 13 and 14 may be
         provided in combination with standardised icons in order to give in an easily visible,
         intelligible and clearly legible manner a meaningful overview of the intended processing.
         Where the icons are presented electronically they shall be machine-readable.
8.       The Commission shall be empowered to adopt delegated acts in accordance with Article 92
         for the purpose of determining the information to be presented by the icons and the
         procedures for providing standardised icons.
                                              SECTION 2
                        INFORMATION AND ACCESS TO PERSONAL DATA
                                                Article 13
        Information to be provided where personal data are collected from the data subject
1.       Where personal data relating to a data subject are collected from the data subject, the
         controller shall, at the time when personal data are obtained, provide the data subject with
         all of the following information:
         (a)    the identity and the contact details of the controller and, where applicable, of the
                controller's representative;
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 ---pagebreak---         (b)   the contact details of the data protection officer, where applicable;
        (c)   the purposes of the processing for which the personal data are intended as well as the
              legal basis for the processing;
        (d)   where the processing is based on point (f) of Article 6(1), the legitimate interests
              pursued by the controller or by a third party;
        (e)   the recipients or categories of recipients of the personal data, if any;
        (f)   where applicable, the fact that the controller intends to transfer personal data to a
              third country or international organisation and the existence or absence of an
              adequacy decision by the Commission, or in the case of transfers referred to in
              Article 46 or 47, or the second subparagraph of Article 49(1), reference to the
              appropriate or suitable safeguards and the means by which to obtain a copy of them
              or where they have been made available.
2.      In addition to the information referred to in paragraph 1, the controller shall, at the time
        when personal data are obtained, provide the data subject with the following further
        information necessary to ensure fair and transparent processing:
        (a)   the period for which the personal data will be stored, or if that is not possible, the
              criteria used to determine that period;
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 ---pagebreak---         (b)    the existence of the right to request from the controller access to and rectification or
               erasure of personal data or restriction of processing concerning the data subject or to
               object to processing as well as the right to data portability;
        (c)    where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2),
               the existence of the right to withdraw consent at any time, without affecting the
               lawfulness of processing based on consent before its withdrawal;
        (d)    the right to lodge a complaint with a supervisory authority;
        (e)    whether the provision of personal data is a statutory or contractual requirement, or a
               requirement necessary to enter into a contract, as well as whether the data subject is
               obliged to provide the personal data and of the possible consequences of failure to
               provide such data;
        (f)    the existence of automated decision-making, including profiling, referred to in
               Article 22(1) and (4) and, at least in those cases, meaningful information about the
               logic involved, as well as the significance and the envisaged consequences of such
               processing for the data subject.
3.      Where the controller intends to further process the personal data for a purpose other than
        that for which the personal data were collected, the controller shall provide the data subject
        prior to that further processing with information on that other purpose and with any
        relevant further information as referred to in paragraph 2.
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 ---pagebreak--- 4.      Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the
        information.
                                              Article 14
   Information to be provided where personal data have not been obtained from the data subject
1.      Where personal data have not been obtained from the data subject, the controller shall
        provide the data subject with the following information:
        (a)   the identity and the contact details of the controller and, if any, of the controller's
              representative;
        (b)   the contact details of the data protection officer, where applicable;
        (c)   the purposes of the processing for which the personal data are intended as well as the
              legal basis for the processing;
        (d)   the categories of personal data concerned;
        (e)   the recipients or categories of recipients of the personal data, where applicable;
        (f)   where applicable, that the controller intends to transfer personal data to a recipient in
              a third country or international organisation and the existence or absence of an
              adequacy decision by the Commission, or in the case of transfers referred to in
              Article 46 or 47, or the second subparagraph of Article 49(1), reference to the
              appropriate or suitable safeguards and the means to obtain a copy of them or where
              they have been made available.
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 ---pagebreak--- 2.      In addition to the information referred to in paragraph 1, the controller shall provide the
        data subject with the following information necessary to ensure fair and transparent
        processing in respect of the data subject:
        (a)   the period for which the personal data will be stored, or if that is not possible, the
              criteria used to determine that period;
        (b)   where the processing is based on point (f) of Article 6(1), the legitimate interests
              pursued by the controller or by a third party;
        (c)   the existence of the right to request from the controller access to and rectification or
              erasure of personal data or restriction of processing concerning the data subject and
              to object to processing as well as the right to data portability;
        (d)   where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the
              existence of the right to withdraw consent at any time, without affecting the
              lawfulness of processing based on consent before its withdrawal;
        (e)   the right to lodge a complaint with a supervisory authority;
        (f)   from which source the personal data originate, and if applicable, whether it came
              from publicly accessible sources;
        (g)   the existence of automated decision-making, including profiling, referred to in
              Article 22(1) and (4) and, at least in those cases, meaningful information about the
              logic involved, as well as the significance and the envisaged consequences of such
              processing for the data subject.
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 ---pagebreak--- 3.      The controller shall provide the information referred to in paragraphs 1 and 2:
        (a)    within a reasonable period after obtaining the personal data, but at the latest within
               one month, having regard to the specific circumstances in which the personal data
               are processed;
        (b)    if the personal data are to be used for communication with the data subject, at the
               latest at the time of the first communication to that data subject; or
        (c)    if a disclosure to another recipient is envisaged, at the latest when the personal data
               are first disclosed.
4.      Where the controller intends to further process the personal data for a purpose other than
        that for which the personal data were obtained, the controller shall provide the data subject
        prior to that further processing with information on that other purpose and with any
        relevant further information as referred to in paragraph 2.
5.      Paragraphs 1 to 4 shall not apply where and insofar as:
        (a)    the data subject already has the information;
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 ---pagebreak---         (b) the provision of such information proves impossible or would involve a
            disproportionate effort, in particular for processing for archiving purposes in the
            public interest, scientific or historical research purposes or statistical purposes,
            subject to the conditions and safeguards referred to in Article 89(1) or in so far as the
            obligation referred to in paragraph 1 of this Article is likely to render impossible or
            seriously impair the achievement of the objectives of that processing. In such cases
            the controller shall take appropriate measures to protect the data subject's rights and
            freedoms and legitimate interests, including making the information publicly
            available;
        (c) obtaining or disclosure is expressly laid down by Union or Member State law to
            which the controller is subject and which provides appropriate measures to protect
            the data subject's legitimate interests; or
        (d) where the personal data must remain confidential subject to an obligation of
            professional secrecy regulated by Union or Member State law, including a statutory
            obligation of secrecy.
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 ---pagebreak---                                                Article 15
                                 Right of access by the data subject
1.      The data subject shall have the right to obtain from the controller confirmation as to
        whether or not personal data concerning him or her are being processed, and where that is
        the case, access to the personal data and the following information:
        (a)   the purposes of the processing;
        (b)   the categories of personal data concerned;
        (c)   the recipients or categories of recipient to whom the personal data have been or will
              be disclosed, in particular recipients in third countries or international organisations;
        (d)   where possible, the envisaged period for which the personal data will be stored, or, if
              not possible, the criteria used to determine that period;
        (e)   the existence of the right to request from the controller rectification or erasure of
              personal data or restriction of processing of personal data concerning the data subject
              or to object to such processing;
        (f)   the right to lodge a complaint with a supervisory authority;
        (g)   where the personal data are not collected from the data subject, any available
              information as to their source;
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 ---pagebreak---         (h)   the existence of automated decision-making, including profiling, referred to in
              Article 22(1) and (4) and, at least in those cases, meaningful information about the
              logic involved, as well as the significance and the envisaged consequences of such
              processing for the data subject.
2.      Where personal data are transferred to a third country or to an international organisation,
        the data subject shall have the right to be informed of the appropriate safeguards pursuant
        to Article 46 relating to the transfer.
3.      The controller shall provide a copy of the personal data undergoing processing. For any
        further copies requested by the data subject, the controller may charge a reasonable fee
        based on administrative costs. Where the data subject makes the request by electronic
        means, and unless otherwise requested by the data subject, the information shall be
        provided in a commonly used electronic form.
4.      The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights
        and freedoms of others.
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                                                DGD 2                                            EN
 ---pagebreak---                                                SECTION 3
                                  RECTIFICATION AND ERASURE
                                                 Article 16
                                           Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the
rectification of inaccurate personal data concerning him or her . Taking into account the purposes of
the processing, the data subject shall have the right to have incomplete personal data completed,
including by means of providing a supplementary statement.
                                                 Article 17
                                Right to erasure ('right to be forgotten')
1.        The data subject shall have the right to obtain from the controller the erasure of personal
          data concerning him or her without undue delay and the controller shall have the obligation
          to erase personal data without undue delay where one of the following grounds applies:
          (a)   the personal data are no longer necessary in relation to the purposes for which they
                were collected or otherwise processed;
          (b)   the data subject withdraws consent on which the processing is based according to
                point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal
                ground for the processing;
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 ---pagebreak---         (c)   the data subject objects to the processing pursuant to Article 21(1) and there are no
              overriding legitimate grounds for the processing, or the data subject objects to the
              processing pursuant to Article 21(2);
        (d)   the personal data have been unlawfully processed;
        (e)   the personal data have to be erased for compliance with a legal obligation in Union
              or Member State law to which the controller is subject;
        (f)   the personal data have been collected in relation to the offer of information society
              services referred to in Article 8(1).
2.      Where the controller has made the personal data public and is obliged pursuant to
        paragraph 1 to erase the personal data, the controller, taking account of available
        technology and the cost of implementation, shall take reasonable steps, including technical
        measures, to inform controllers which are processing the personal data that the data subject
        has requested the erasure by such controllers of any links to, or copy or replication of,
        those personal data.
3.      Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
        (a)   for exercising the right of freedom of expression and information;
        (b)   for compliance with a legal obligation which requires processing by Union or
              Member State law to which the controller is subject or for the performance of a task
              carried out in the public interest or in the exercise of official authority vested in the
              controller;
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 ---pagebreak---         (c)  for reasons of public interest in the area of public health in accordance with
             points (h) and (i) of Article 9(2) as well as Article 9(3);
        (d)  for archiving purposes in the public interest, scientific or historical research purposes
             or statistical purposes in accordance with Article 89(1) in so far as the right referred
             to in paragraph 1 is likely to render impossible or seriously impair the achievement
             of the objectives of that processing; or
        (e)  for the establishment, exercise or defence of legal claims.
                                              Article 18
                                 Right to restriction of processing
1.      The data subject shall have the right to obtain from the controller restriction of processing
        where one of the following applies:
        (a)  the accuracy of the personal data is contested by the data subject, for a period
             enabling the controller to verify the accuracy of the personal data;
        (b)  the processing is unlawful and the data subject opposes the erasure of the personal
             data and requests the restriction of their use instead;
        (c)  the controller no longer needs the personal data for the purposes of the processing,
             but they are required by the data subject for the establishment, exercise or defence of
             legal claims;
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 ---pagebreak---          (d)   the data subject has objected to processing pursuant to Article 21(1) pending the
               verification whether the legitimate grounds of the controller override those of the
               data subject.
2.       Where processing has been restricted under paragraph 1, such personal data shall, with the
         exception of storage, only be processed with the data subject's consent or for the
         establishment, exercise or defence of legal claims or for the protection of the rights of
         another natural or legal person or for reasons of important public interest of the Union or of
         a Member State.
3.       A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be
         informed by the controller before the restriction of processing is lifted.
                                               Article 19
                            Notification obligation regarding rectification
                       or erasure of personal data or restriction of processing
The controller shall communicate any rectification or erasure of personal data or restriction of
processing carried out in accordance with Articles 16, 17(1) and 18 to each recipient to whom the
personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
The controller shall inform the data subject about those recipients if the data subject requests it.
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                                                 DGD 2                                              EN
 ---pagebreak---                                                Article 20
                                       Right to data portability
1.      The data subject shall have the right to receive the personal data concerning him or her,
        which he or she has provided to a controller, in a structured, commonly used and
        machine-readable format and have the right to transmit those data to another controller
        without hindrance from the controller to which the personal data have been provided,
        where:
        (a)   the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of
              Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
        (b)   the processing is carried out by automated means.
2.      In exercising his or her right to data portability pursuant to paragraph 1, the data subject
        shall have the right to have the personal data transmitted directly from one controller to
        another, where technically feasible.
3.      The exercise of the right referred to in paragraph 1 of this Article shall be without
        prejudice to Article 17. That right shall not apply to processing necessary for the
        performance of a task carried out in the public interest or in the exercise of official
        authority vested in the controller.
4.      The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of
        others.
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 ---pagebreak---                                                SECTION 4
         RIGHT TO OBJECT AND AUTOMATED INDIVIDUAL DECISION-MAKING
                                                Article 21
                                              Right to object
1.      The data subject shall have the right to object, on grounds relating to his or her particular
        situation, at any time to processing of personal data concerning him or her which is based
        on points (e) or (f) of Article 6(1), including profiling based on those provisions. The
        controller shall no longer process the personal data unless the controller demonstrates
        compelling legitimate grounds for the processing which override the interests, rights and
        freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2.      Where personal data are processed for direct marketing purposes, the data subject shall
        have the right to object at any time to processing of personal data concerning him or her
        for such marketing, which includes profiling to the extent that it is related to such direct
        marketing.
3.      Where the data subject objects to processing for direct marketing purposes, the personal
        data shall no longer be processed for such purposes.
4.      At the latest at the time of the first communication with the data subject, the right referred
        to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and
        shall be presented clearly and separately from any other information.
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 ---pagebreak--- 5.      In the context of the use of information society services, and notwithstanding
        Directive 2002/58/EC, the data subject may exercise his or her right to object by automated
        means using technical specifications.
6.      Where personal data are processed for scientific or historical research purposes or
        statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or
        her particular situation, shall have the right to object to processing of personal data
        concerning him or her, unless the processing is necessary for the performance of a task
        carried out for reasons of public interest.
                                               Article 22
                      Automated individual decision-making, including profiling
1.      The data subject shall have the right not to be subject to a decision based solely on
        automated processing, including profiling, which produces legal effects concerning him or
        her or similarly significantly affects him or her.
2.      Paragraph 1 shall not apply if the decision:
        (a)    is necessary for entering into, or performance of, a contract between the data subject
               and a data controller;
        (b)    is authorised by Union or Member State law to which the controller is subject and
               which also lays down suitable measures to safeguard the data subject's rights and
               freedoms and legitimate interests; or
        (c)    is based on the data subject's explicit consent.
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 ---pagebreak--- 3.      In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall
        implement suitable measures to safeguard the data subject's rights and freedoms and
        legitimate interests, at least the right to obtain human intervention on the part of the
        controller, to express his or her point of view and to contest the decision.
4.      Decisions referred to in paragraph 2 shall not be based on special categories of personal
        data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) apply and suitable
        measures to safeguard the data subject's rights and freedoms and legitimate interests are in
        place.
                                               SECTION 5
                                            RESTRICTIONS
                                                Article 23
                                               Restrictions
1.      Union or Member State law to which the data controller or processor is subject may restrict
        by way of a legislative measure the scope of the obligations and rights provided for in
        Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond
        to the rights and obligations provided for in Articles 12 to 22, when such a restriction
        respects the essence of the fundamental rights and freedoms and is a necessary and
        proportionate measure in a democratic society to safeguard:
        (a)    national security;
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 ---pagebreak---         (b) defence;
        (c) public security;
        (d) the prevention, investigation, detection or prosecution of criminal offences or the
            execution of criminal penalties, including the safeguarding against and the
            prevention of threats to public security;
        (e) other important objectives of general public interest of the Union or of a
            Member State, in particular an important economic or financial interest of the Union
            or of a Member State, including monetary, budgetary and taxation a matters, public
            health and social security;
        (f) the protection of judicial independence and judicial proceedings;
        (g) the prevention, investigation, detection and prosecution of breaches of ethics for
            regulated professions;
        (h) a monitoring, inspection or regulatory function connected, even occasionally, to the
            exercise of official authority in the cases referred to in points (a), (b), (c), (d), (e)
            and (g);
        (i) the protection of the data subject or the rights and freedoms of others;
        (j) the enforcement of civil law claims.
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 ---pagebreak--- 2.      In particular, any legislative measure referred to in paragraph 1 shall contain specific
        provisions at least, where relevant, as to:
        (a)   the purposes of the processing or categories of processing;
        (b)   the categories of personal data;
        (c)   the scope of the restrictions introduced;
        (d)   the safeguards to prevent abuse or unlawful access or transfer;
        (e)   the specification of the controller or categories of controllers;
        (f)   the storage periods and the applicable safeguards taking into account the nature,
              scope and purposes of the processing or categories of processing;
        (g)   the risks to the rights and freedoms of data subjects; and
        (h)   the right of data subjects to be informed about the restriction, unless that may be
              prejudicial to the purpose of the restriction.
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 ---pagebreak---                                         CHAPTER IV
                        CONTROLLER AND PROCESSOR
                                           SECTION 1
                                    GENERAL OBLIGATIONS
                                             Article 24
                                  Responsibility of the controller
1.      Taking into account the nature, scope, context and purposes of processing as well as the
        risks of varying likelihood and severity for the rights and freedoms of natural persons, the
        controller shall implement appropriate technical and organisational measures to ensure and
        to be able to demonstrate that processing is performed in accordance with this Regulation.
        Those measures shall be reviewed and updated where necessary.
2.      Where proportionate in relation to processing activities, the measures referred to in
        paragraph 1 shall include the implementation of appropriate data protection policies by the
        controller.
3.      Adherence to approved codes of conduct as referred to in Article 40 or approved
        certification mechanisms as referred to in Article 42 may be used as an element by which
        to demonstrate compliance with the obligations of the controller.
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 ---pagebreak---                                               Article 25
                              Data protection by design and by default
1.      Taking into account the state of the art, the cost of implementation and the nature, scope,
        context and purposes of processing as well as the risks of varying likelihood and severity
        for rights and freedoms of natural persons posed by the processing, the controller shall,
        both at the time of the determination of the means for processing and at the time of the
        processing itself, implement appropriate technical and organisational measures, such as
        pseudonymisation, which are designed to implement data-protection principles, such as
        data minimisation, in an effective manner and to integrate the necessary safeguards into the
        processing in order to meet the requirements of this Regulation and protect the rights of
        data subjects.
2.      The controller shall implement appropriate technical and organisational measures for
        ensuring that, by default, only personal data which are necessary for each specific purpose
        of the processing are processed. That obligation applies to the amount of personal data
        collected, the extent of their processing, the period of their storage and their accessibility.
        In particular, such measures shall ensure that by default personal data are not made
        accessible without the individual's intervention to an indefinite number of natural persons.
3.      An approved certification mechanism pursuant to Article 42 may be used as an element to
        demonstrate compliance with the requirements set out in paragraphs 1 and 2 of this Article.
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 ---pagebreak---                                                Article 26
                                           Joint controllers
1.      Where two or more controllers jointly determine the purposes and means of processing,
        they shall be joint controllers. They shall in a transparent manner determine their
        respective responsibilities for compliance with the obligations under this Regulation, in
        particular as regards the exercising of the rights of the data subject and their respective
        duties to provide the information referred to in Articles 13 and 14, by means of an
        arrangement between them unless, and in so far as, the respective responsibilities of the
        controllers are determined by Union or Member State law to which the controllers are
        subject. The arrangement may designate a contact point for data subjects.
2.      The arrangement referred to in paragraph 1 shall duly reflect the respective roles and
        relationships of the joint controllers vis-à-vis the data subjects. The essence of the
        arrangement shall be made available to the data subject.
3.      Irrespective of the terms of the arrangement referred to in paragraph 1, the data subject
        may exercise his or her rights under this Regulation in respect of and against each of the
        controllers.
                                               Article 27
             Representatives of controllers or processors not established in the Union
1.      Where Article 3(2) applies, the controller or the processor shall designate in writing a
        representative in the Union.
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 ---pagebreak--- 2.      This obligation shall not apply to:
        (a)   processing which is occasional, does not include, on a large scale, processing of
              special categories of data as referred to in Article 9(1) or processing of personal data
              relating to criminal convictions and offences referred to in Article 10, and is unlikely
              to result in a risk to the rights and freedoms of natural persons, taking into account
              the nature, context, scope and purposes of the processing; or
        (b)   a public authority or body.
3.      The representative shall be established in one of those Member States where the data
        subjects are and whose personal data are processed in relation to the offering of goods or
        services to them, or whose behaviour is monitored.
4.      The representative shall be mandated by the controller or processor to be addressed in
        addition to or instead of the controller or the processor by, in particular, supervisory
        authorities and data subjects, on all issues related to processing, for the purposes of
        ensuring compliance with this Regulation.
5.      The designation of a representative by the controller or processor shall be without
        prejudice to legal actions which could be initiated against the controller or the processor
        themselves.
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                                                  DGD 2                                           EN
 ---pagebreak---                                                Article 28
                                               Processor
1.      Where processing is to be carried out on behalf of a controller, the controller shall use only
        processors providing sufficient guarantees to implement appropriate technical and
        organisational measures in such a manner that processing will meet the requirements of
        this Regulation and ensure the protection of the rights of the data subject.
2.      The processor shall not engage another processor without prior specific or general written
        authorisation of the controller. In the case of general written authorisation, the processor
        shall inform the controller of any intended changes concerning the addition or replacement
        of other processors, thereby giving the controller the opportunity to object to such changes.
3.      Processing by a processor shall be governed by a contract or other legal act under Union or
        Member State law, that is binding on the processor with regard to the controller and that
        sets out the subject-matter and duration of the processing, the nature and purpose of the
        processing, the type of personal data and categories of data subjects and the obligations
        and rights of the controller. That contract or other legal act shall stipulate, in particular, that
        the processor:
        (a)    processes the personal data only on documented instructions from the controller,
               including with regard to transfers of personal data to a third country or an
               international organisation, unless required to do so by Union or Member State law to
               which the processor is subject; in such a case, the processor shall inform the
               controller of that legal requirement before processing, unless that law prohibits such
               information on important grounds of public interest;
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 ---pagebreak---         (b) ensures that persons authorised to process the personal data have committed
            themselves to confidentiality or are under an appropriate statutory obligation of
            confidentiality;
        (c) takes all measures required pursuant to Article 32;
        (d) respects the conditions referred to in paragraphs 2 and 4 for engaging another
            processor;
        (e) taking into account the nature of the processing, assists the controller by appropriate
            technical and organisational measures, insofar as this is possible, for the fulfilment of
            the controller's obligation to respond to requests for exercising the data subject's
            rights laid down in Chapter III;
        (f) assists the controller in ensuring compliance with the obligations pursuant to
            Articles 32 to 36 taking into account the nature of processing and the information
            available to the processor;
        (g) at the choice of the controller, deletes or returns all the personal data to the controller
            after the end of the provision of services relating to processing, and deletes existing
            copies unless Union or Member State law requires storage of the personal data;
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 ---pagebreak---         (h)   makes available to the controller all information necessary to demonstrate
              compliance with the obligations laid down in this Article and allow for and
              contribute to audits, including inspections, conducted by the controller or another
              auditor mandated by the controller.
        With regard to point (h) of the first subparagraph, the processor shall immediately inform
        the controller if, in its opinion, an instruction infringes this Regulation or other Union or
        Member State data protection provisions.
4.      Where a processor engages another processor for carrying out specific processing activities
        on behalf of the controller, the same data protection obligations as set out in the contract or
        other legal act between the controller and the processor as referred to in paragraph 3 shall
        be imposed on that other processor by way of a contract or other legal act under Union or
        Member State law, in particular providing sufficient guarantees to implement appropriate
        technical and organisational measures in such a manner that the processing will meet the
        requirements of this Regulation. Where that other processor fails to fulfil its data protection
        obligations, the initial processor shall remain fully liable to the controller for the
        performance of that other processor's obligations.
5.      Adherence of a processor to an approved code of conduct as referred to in Article 40 or an
        approved certification mechanism as referred to in Article 42 may be used as an element
        by which to demonstrate sufficient guarantees as referred to in paragraphs 1 and 4 of
        this Article.
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 ---pagebreak--- 6.       Without prejudice to an individual contract between the controller and the processor, the
         contract or the other legal act referred to in paragraphs 3 and 4 of this Article may be
         based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8
         of this Article, including when they are part of a certification granted to the controller or
         processor pursuant to Articles 42 and 43.
7.       The Commission may lay down standard contractual clauses for the matters referred to in
         paragraph 3 and 4 of this Article and in accordance with the examination procedure
         referred to in Article 93(2).
8.       A supervisory authority may adopt standard contractual clauses for the matters referred to
         in paragraph 3 and 4 of this Article and in accordance with the consistency mechanism
         referred to in Article 63.
9.       The contract or the other legal act referred to in paragraphs 3 and 4 shall be in writing,
         including in electronic form.
10.      Without prejudice to Articles 82, 83 and 84, if a processor infringes this Regulation by
         determining the purposes and means of processing, the processor shall be considered to be
         a controller in respect of that processing.
                                                Article 29
                     Processing under the authority of the controller or processor
The processor and any person acting under the authority of the controller or of the processor, who
has access to personal data, shall not process those data except on instructions from the controller,
unless required to do so by Union or Member State law.
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 ---pagebreak---                                                Article 30
                                   Records of processing activities
1.      Each controller and, where applicable, the controller's representative, shall maintain a
        record of processing activities under its responsibility. That record shall contain all of the
        following information:
        (a)   the name and contact details of the controller and, where applicable, the joint
              controller, the controller's representative and the data protection officer;
        (b)   the purposes of the processing;
        (c)   a description of the categories of data subjects and of the categories of personal data;
        (d)   the categories of recipients to whom the personal data have been or will be disclosed
              including recipients in third countries or international organisations;
        (e)   where applicable, transfers of personal data to a third country or an international
              organisation, including the identification of that third country or international
              organisation and, in the case of transfers referred to in the second subparagraph of
              Article 49(1), the documentation of appropriate safeguards;
        (f)   where possible, the envisaged time limits for erasure of the different categories of
              data;
        (g)   where possible, a general description of the technical and organisational security
              measures referred to in Article 32(1).
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 ---pagebreak--- 2.      Each processor and, where applicable, the processor's representative shall maintain a
        record of all categories of processing activities carried out on behalf of a controller,
        containing:
        (a)   the name and contact details of the processor or processors and of each controller on
              behalf of which the processor is acting, and, where applicable, of the controller's or
              the processor's representative, and the data protection officer;
        (b)   the categories of processing carried out on behalf of each controller;
        (c)   where applicable, transfers of personal data to a third country or an international
              organisation, including the identification of that third country or international
              organisation and, in the case of transfers referred to in the second subparagraph of
              Article 49(1), the documentation of appropriate safeguards;
        (d)   where possible, a general description of the technical and organisational security
              measures referred to in Article 32(1).
3.      The records referred to in paragraphs 1 and 2 shall be in writing, including in electronic
        form.
4.      The controller or the processor and, where applicable, the controller's or the processor's
        representative, shall make the record available to the supervisory authority on request.
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 ---pagebreak--- 5.       The obligations referred to in paragraphs 1 and 2 shall not apply to an enterprise or an
         organisation employing fewer than 250 persons unless the processing it carries out is likely
         to result in a risk to the rights and freedoms of data subjects, the processing is not
         occasional, or the processing includes special categories of data as referred to in
         Article 9(1) or personal data relating to criminal convictions and offences referred to in
         Article 10.
                                                 Article 31
                               Cooperation with the supervisory authority
The controller and the processor and, where applicable, their representatives, shall cooperate, on
request, with the supervisory authority in the performance of its tasks.
                                                SECTION 2
                                   SECURITY OF PERSONAL DATA
                                                 Article 32
                                           Security of processing
1.       Taking into account the state of the art, the costs of implementation and the nature, scope,
         context and purposes of processing as well as the risk of varying likelihood and severity
         for the rights and freedoms of natural persons, the controller and the processor shall
         implement appropriate technical and organisational measures to ensure a level of security
         appropriate to the risk, including inter alia as appropriate:
         (a)   the pseudonymisation and encryption of personal data;
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 ---pagebreak---         (b)    the ability to ensure the ongoing confidentiality, integrity, availability and resilience
               of processing systems and services;
        (c)    the ability to restore the availability and access to personal data in a timely manner in
               the event of a physical or technical incident;
        (d)    a process for regularly testing, assessing and evaluating the effectiveness of technical
               and organisational measures for ensuring the security of the processing.
2.      In assessing the appropriate level of security account shall be taken in particular of the
        risks that are presented by processing, in particular from accidental or unlawful
        destruction, loss, alteration, unauthorised disclosure of, or access to personal data
        transmitted, stored or otherwise processed.
3.      Adherence to an approved code of conduct as referred to in Article 40 or an approved
        certification mechanism as referred to in Article 42 may be used as an element by which to
        demonstrate compliance with the requirements set out in paragraph 1 of this Article.
4.      The controller and processor shall take steps to ensure that any natural person acting under
        the authority of the controller or the processor who has access to personal data does not
        process them except on instructions from the controller, unless he or she is required to do
        so by Union or Member State law.
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 ---pagebreak---                                                Article 33
                Notification of a personal data breach to the supervisory authority
1.      In the case of a personal data breach, the controller shall without undue delay and, where
        feasible, not later than 72 hours after having become aware of it, notify the personal data
        breach to the supervisory authority competent in accordance with Article 55, unless the
        personal data breach is unlikely to result in a risk to the rights and freedoms of natural
        persons. Where the notification to the supervisory authority is not made within 72 hours, it
        shall be accompanied by reasons for the delay.
2.      The processor shall notify the controller without undue delay after becoming aware of a
        personal data breach.
3.      The notification referred to in paragraph 1 shall at least:
        (a)   describe the nature of the personal data breach including where possible, the
              categories and approximate number of data subjects concerned and the categories
              and approximate number of personal data records concerned;
        (b)   communicate the name and contact details of the data protection officer or other
              contact point where more information can be obtained;
        (c)   describe the likely consequences of the personal data breach;
        (d)   describe the measures taken or proposed to be taken by the controller to address the
              personal data breach, including, where appropriate, measures to mitigate its possible
              adverse effects.
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 ---pagebreak--- 4.      Where, and in so far as, it is not possible to provide the information at the same time, the
        information may be provided in phases without undue further delay.
5.      The controller shall document any personal data breaches, comprising the facts relating to
        the personal data breach, its effects and the remedial action taken. That documentation
        shall enable the supervisory authority to verify compliance with this Article.
                                               Article 34
                    Communication of a personal data breach to the data subject
1.      When the personal data breach is likely to result in a high risk to the rights and freedoms of
        natural persons, the controller shall communicate the personal data breach to the data
        subject without undue delay.
2.      The communication to the data subject referred to in paragraph 1 of this Article shall
        describe in clear and plain language the nature of the personal data breach and contain at
        least the information and the recommendations provided for in points (b), (c) and (d) of
        Article 33(3).
3.      The communication to the data subject referred to in paragraph 1 shall not be required if
        any of the following conditions are met:
        (a)    the controller has implemented appropriate technical and organisational protection
               measures, and that those measures were applied to the personal data affected by the
               personal data breach, in particular those that render the personal data unintelligible to
               any person who is not authorised to access it, such as encryption;
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 ---pagebreak---         (b)    the controller has taken subsequent measures which ensure that the high risk to the
               rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to
               materialise;
        (c)    it would involve disproportionate effort. In such a case, there shall instead be a
               public communication or similar measure whereby the data subjects are informed in
               an equally effective manner.
4.      If the controller has not already communicated the personal data breach to the data subject,
        the supervisory authority, having considered the likelihood of the personal data breach
        resulting in a high risk, may require it to do so or may decide that any of the conditions
        referred to in paragraph 3 are met.
                                             SECTION 3
         DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION
                                              Article 35
                                  Data protection impact assessment
1.      Where a type of processing in particular using new technologies, and taking into account
        the nature, scope, context and purposes of the processing, is likely to result in a high risk to
        the rights and freedoms of natural persons, the controller shall, prior to the processing,
        carry out an assessment of the impact of the envisaged processing operations on the
        protection of personal data. A single assessment may address a set of similar processing
        operations that present similar high risks.
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 ---pagebreak--- 2.      The controller shall seek the advice of the data protection officer, where designated, when
        carrying out a data protection impact assessment.
3.      A data protection impact assessment referred to in paragraph 1 shall in particular be
        required in the case of:
        (a)   a systematic and extensive evaluation of personal aspects relating to natural persons
              which is based on automated processing, including profiling, and on which decisions
              are based that produce legal effects concerning the natural person or similarly
              significantly affect the natural person;
        (b)   processing on a large scale of special categories of data referred to in Article 9(1), or
              of personal data relating to criminal convictions and offences referred to in
              Article 10; or
        (c)   a systematic monitoring of a publicly accessible area on a large scale.
4.      The supervisory authority shall establish and make public a list of the kind of processing
        operations which are subject to the requirement for a data protection impact assessment
        pursuant to paragraph 1. The supervisory authority shall communicate those lists to
        the Board referred to in Article 68.
5.      The supervisory authority may also establish and make public a list of the kind of
        processing operations for which no data protection impact assessment is required. The
        supervisory authority shall communicate those lists to the Board.
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 ---pagebreak--- 6.      Prior to the adoption of the lists referred to in paragraphs 4 and 5, the competent
        supervisory authority shall apply the consistency mechanism referred to in Article 63
        where such lists involve processing activities which are related to the offering of goods or
        services to data subjects or to the monitoring of their behaviour in several Member States,
        or may substantially affect the free movement of personal data within the Union.
7.      The assessment shall contain at least:
        (a)   a systematic description of the envisaged processing operations and the purposes of
              the processing, including, where applicable, the legitimate interest pursued by the
              controller;
        (b)   an assessment of the necessity and proportionality of the processing operations in
              relation to the purposes;
        (c)   an assessment of the risks to the rights and freedoms of data subjects referred to in
              paragraph 1; and
        (d)   the measures envisaged to address the risks, including safeguards, security measures
              and mechanisms to ensure the protection of personal data and to demonstrate
              compliance with this Regulation taking into account the rights and legitimate
              interests of data subjects and other persons concerned.
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 ---pagebreak--- 8.      Compliance with approved codes of conduct referred to in Article 40 by the relevant
        controllers or processors shall be taken into due account in assessing the impact of the
        processing operations performed by such controllers or processors, in particular for the
        purposes of a data protection impact assessment.
9.      Where appropriate, the controller shall seek the views of data subjects or their
        representatives on the intended processing, without prejudice to the protection of
        commercial or public interests or the security of processing operations.
10.     Where processing pursuant to point (c) or (e) of Article 6(1) has a legal basis in Union law
        or in the law of the Member State to which the controller is subject, that law regulates the
        specific processing operation or set of operations in question, and a data protection impact
        assessment has already been carried out as part of a general impact assessment in the
        context of the adoption of that legal basis, paragraphs 1 to 7 shall not apply unless
        Member States deem it to be necessary to carry out such an assessment prior to processing
        activities.
11.     Where necessary, the controller shall carry out a review to assess if processing is
        performed in accordance with the data protection impact assessment at least when there is
        a change of the risk represented by processing operations.
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 ---pagebreak---                                               Article 36
                                          Prior consultation
1.      The controller shall consult the supervisory authority prior to processing where a data
        protection impact assessment under Article 35 indicates that the processing would result in
        a high risk in the absence of measures taken by the controller to mitigate the risk.
2.      Where the supervisory authority is of the opinion that the intended processing referred to in
        paragraph 1 would infringe this Regulation, in particular where the controller has
        insufficiently identified or mitigated the risk, the supervisory authority shall, within period
        of up to eight weeks of receipt of the request for consultation, provide written advice to the
        controller and, where applicable to the processor, and may use any of its powers referred to
        in Article 58. That period may be extended by six weeks, taking into account the
        complexity of the intended processing. The supervisory authority shall inform the
        controller and, where applicable, the processor, of any such extension within one month of
        receipt of the request for consultation together with the reasons for the delay. Those
        periods may be suspended until the supervisory authority has obtained information it has
        requested for the purposes of the consultation.
3.      When consulting the supervisory authority pursuant to paragraph 1, the controller shall
        provide the supervisory authority with:
        (a)   where applicable, the respective responsibilities of the controller, joint controllers
              and processors involved in the processing, in particular for processing within a group
              of undertakings;
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 ---pagebreak---         (b)    the purposes and means of the intended processing;
        (c)    the measures and safeguards provided to protect the rights and freedoms of data
               subjects pursuant to this Regulation;
        (d)    where applicable, the contact details of the data protection officer;
        (e)    the data protection impact assessment provided for in Article 35; and
        (f)    any other information requested by the supervisory authority.
4.      Member States shall consult the supervisory authority during the preparation of a proposal
        for a legislative measure to be adopted by a national parliament, or of a regulatory measure
        based on such a legislative measure, which relates to processing.
5.      Notwithstanding paragraph 1, Member State law may require controllers to consult with,
        and obtain prior authorisation from, the supervisory authority in relation to processing by a
        controller for the performance of a task carried out by the controller in the public interest,
        including processing in relation to social protection and public health.
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 ---pagebreak---                                              SECTION 4
                                  DATA PROTECTION OFFICER
                                               Article 37
                              Designation of the data protection officer
1.      The controller and the processor shall designate a data protection officer in any case where:
        (a)   the processing is carried out by a public authority or body, except for courts acting in
              their judicial capacity;
        (b)   the core activities of the controller or the processor consist of processing operations
              which, by virtue of their nature, their scope and/or their purposes, require regular and
              systematic monitoring of data subjects on a large scale; or
        (c)   the core activities of the controller or the processor consist of processing on a large
              scale of special categories of data pursuant to Article 9 and personal data relating to
              criminal convictions and offences referred to in Article 10.
2.      A group of undertakings may appoint a single data protection officer provided that a data
        protection officer is easily accessible from each establishment.
3.      Where the controller or the processor is a public authority or body, a single data protection
        officer may be designated for several such authorities or bodies, taking account of their
        organisational structure and size.
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 ---pagebreak--- 4.      In cases other than those referred to in paragraph 1, the controller or processor or
        associations and other bodies representing categories of controllers or processors may or,
        where required by Union or Member State law shall, designate a data protection officer.
        The data protection officer may act for such associations and other bodies representing
        controllers or processors.
5.      The data protection officer shall be designated on the basis of professional qualities and, in
        particular, expert knowledge of data protection law and practices and the ability to fulfil
        the tasks referred to in Article 39.
6.      The data protection officer may be a staff member of the controller or processor, or fulfil
        the tasks on the basis of a service contract.
7.      The controller or the processor shall publish the contact details of the data protection
        officer and communicate them to the supervisory authority.
                                              Article 38
                                Position of the data protection officer
1.      The controller and the processor shall ensure that the data protection officer is involved,
        properly and in a timely manner, in all issues which relate to the protection of personal
        data.
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 ---pagebreak--- 2.      The controller and processor shall support the data protection officer in performing the
        tasks referred to in Article 39 by providing resources necessary to carry out those tasks and
        access to personal data and processing operations, and to maintain his or her expert
        knowledge.
3.      The controller and processor shall ensure that the data protection officer does not receive
        any instructions regarding the exercise of those tasks. He or she shall not be dismissed or
        penalised by the controller or the processor for performing his tasks. The data protection
        officer shall directly report to the highest management level of the controller or the
        processor.
4.      Data subjects may contact the data protection officer with regard to all issues related to
        processing of their personal data and to the exercise of their rights under this Regulation.
5.      The data protection officer shall be bound by secrecy or confidentiality concerning the
        performance of his or her tasks, in accordance with Union or Member State law.
6.      The data protection officer may fulfil other tasks and duties. The controller or processor
        shall ensure that any such tasks and duties do not result in a conflict of interests.
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 ---pagebreak---                                               Article 39
                                Tasks of the data protection officer
1.      The data protection officer shall have at least the following tasks:
        (a)  to inform and advise the controller or the processor and the employees who carry out
             processing of their obligations pursuant to this Regulation and to other Union or
             Member State data protection provisions;
        (b)  to monitor compliance with this Regulation, with other Union or Member State data
             protection provisions and with the policies of the controller or processor in relation to
             the protection of personal data, including the assignment of responsibilities,
             awareness-raising and training of staff involved in processing operations, and the
             related audits;
        (c)  to provide advice where requested as regards the data protection impact assessment
             and monitor its performance pursuant to Article 35;
        (d)  to cooperate with the supervisory authority;
        (e)  to act as the contact point for the supervisory authority on issues relating to
             processing, including the prior consultation referred to in Article 36, and to consult,
             where appropriate, with regard to any other matter.
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 ---pagebreak--- 2.      The data protection officer shall in the performance of his or her tasks have due regard to
        the risk associated with processing operations, taking into account the nature, scope,
        context and purposes of processing.
                                             SECTION 5
                           CODES OF CONDUCT AND CERTIFICATION
                                              Article 40
                                           Codes of conduct
1.      The Member States, the supervisory authorities, the Board and the Commission shall
        encourage the drawing up of codes of conduct intended to contribute to the proper
        application of this Regulation, taking account of the specific features of the various
        processing sectors and the specific needs of micro, small and medium-sized enterprises.
2.      Associations and other bodies representing categories of controllers or processors may
        prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the
        application of this Regulation, such as with regard to:
        (a)    fair and transparent processing;
        (b)    the legitimate interests pursued by controllers in specific contexts;
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 ---pagebreak---         (c) the collection of personal data;
        (d) the pseudonymisation of personal data;
        (e) the information provided to the public and to data subjects;
        (f) the exercise of the rights of data subjects;
        (g) the information provided to, and the protection of, children, and the manner in which
            the consent of the holders of parental responsibility over children is to be obtained;
        (h) the measures and procedures referred to in Articles 24 and 25 and the measures to
            ensure security of processing referred to in Article 32;
        (i) the notification of personal data breaches to supervisory authorities and the
            communication of such personal data breaches to data subjects;
        (j) the transfer of personal data to third countries or international organisations; or
        (k) out-of-court proceedings and other dispute resolution procedures for resolving
            disputes between controllers and data subjects with regard to processing, without
            prejudice to the rights of data subjects pursuant to Articles 77 and 79.
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 ---pagebreak--- 3.      In addition to adherence by controllers or processors subject to this Regulation, codes of
        conduct approved pursuant to paragraph 5 of this Article and having general validity
        pursuant to paragraph 9 of this Article may also be adhered to by controllers or processors
        that are not subject to this Regulation pursuant to Article 3 in order to provide appropriate
        safeguards within the framework of personal data transfers to third countries or
        international organisations under the terms referred to in point (e) of Article 46(2). Such
        controllers or processors shall make binding and enforceable commitments, via contractual
        or other legally binding instruments, to apply those appropriate safeguards including with
        regard to the rights of data subjects.
4.      A code of conduct referred to in paragraph 2 of this Article shall contain mechanisms
        which enable the body referred to in Article 41(1) to carry out the mandatory monitoring of
        compliance with its provisions by the controllers or processors which undertake to apply it,
        without prejudice to the tasks and powers of supervisory authorities competent pursuant to
        Article 55 or 56.
5.      Associations and other bodies referred to in paragraph 2 of this Article which intend to
        prepare a code of conduct or to amend or extend an existing code shall submit the draft
        code, amendment or extension to the supervisory authority which is competent pursuant to
        Article 55. The supervisory authority shall provide an opinion on whether the draft code,
        amendment or extension complies with this Regulation and shall approve that draft code,
        amendment or extension if it finds that it provides sufficient appropriate safeguards.
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 ---pagebreak--- 6.      Where the draft code, or amendment or extension is approved in accordance with
        paragraph 5, and where the code of conduct concerned does not relate to processing
        activities in several Member States, the supervisory authority shall register and publish the
        code.
7.      Where a draft code of conduct relates to processing activities in several Member States, the
        supervisory authority which is competent pursuant to Article 55 shall, before approving the
        draft code, amendment or extension, submit it in the procedure referred to in Article 63 to
        the Board which shall provide an opinion on whether the draft code, amendment or
        extension complies with this Regulation or, in the situation referred to in paragraph 3,
        provides appropriate safeguards.
8.      Where the opinion referred to in paragraph 7 confirms that the draft code, amendment or
        extension complies with this Regulation, or, in the situation referred to in paragraph 3,
        provides appropriate safeguards, the Board shall submit its opinion to the Commission.
9.      The Commission may, by way of implementing acts, decide that the approved code of
        conduct, amendment or extension submitted to it pursuant to paragraph 8 have general
        validity within the Union. Those implementing acts shall be adopted in accordance with
        the examination procedure set out in Article 93(2).
10.     The Commission shall ensure appropriate publicity for the approved codes which have
        been decided as having general validity in accordance with paragraph 9.
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 ---pagebreak--- 11.     The Board shall collate all approved codes of conduct, amendments and extensions in a
        register and shall make them publicly available by way of appropriate means.
                                               Article 41
                              Monitoring of approved codes of conduct
1.      Without prejudice to the tasks and powers of the competent supervisory authority under
        Articles 57 and 58, the monitoring of compliance with a code of conduct pursuant to
        Article 40 may be carried out by a body which has an appropriate level of expertise in
        relation to the subject-matter of the code and is accredited for that purpose by the
        competent supervisory authority.
2.      A body as referred to in paragraph 1 may be accredited to monitor compliance with a code
        of conduct where that body has:
        (a)    demonstrated its independence and expertise in relation to the subject-matter of the
               code to the satisfaction of the competent supervisory authority;
        (b)    established procedures which allow it to assess the eligibility of controllers and
               processors concerned to apply the code, to monitor their compliance with its
               provisions and to periodically review its operation;
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 ---pagebreak---         (c)   established procedures and structures to handle complaints about infringements of
              the code or the manner in which the code has been, or is being, implemented by a
              controller or processor, and to make those procedures and structures transparent to
              data subjects and the public; and
        (d)   demonstrated to the satisfaction of the competent supervisory authority that its tasks
              and duties do not result in a conflict of interests.
3.      The competent supervisory authority shall submit the draft criteria for accreditation of a
        body as referred to in paragraph 1 of this Article to the Board pursuant to the consistency
        mechanism referred to in Article 63.
4.      Without prejudice to the tasks and powers of the competent supervisory authority and the
        provisions of Chapter VIII, a body as referred to in paragraph 1 shall, subject to
        appropriate safeguards, take appropriate action in cases of infringement of the code by a
        controller or processor, including suspension or exclusion of the controller or processor
        concerned from the code. It shall inform the competent supervisory authority of such
        actions and the reasons for taking them.
5.      The competent supervisory authority shall revoke the accreditation of a body as referred to
        in paragraph 1 if the conditions for accreditation are not, or are no longer, met or where
        actions taken by the body infringe this Regulation.
6.      This Article shall not apply to processing carried out by public authorities and bodies.
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 ---pagebreak---                                               Article 42
                                            Certification
1.      The Member States, the supervisory authorities, the Board and the Commission shall
        encourage, in particular at Union level, the establishment of data protection certification
        mechanisms and of data protection seals and marks, for the purpose of demonstrating
        compliance with this Regulation of processing operations by controllers and processors.
        The specific needs of micro, small and medium-sized enterprises shall be taken into
        account.
2.      In addition to adherence by controllers or processors subject to this Regulation, data
        protection certification mechanisms, seals or marks approved pursuant to paragraph 5 of
        this Article may be established for the purpose of demonstrating the existence of
        appropriate safeguards provided by controllers or processors that are not subject to this
        Regulation pursuant to Article 3 within the framework of personal data transfers to third
        countries or international organisations under the terms referred to in point (f) of
        Article 46(2). Such controllers or processors shall make binding and enforceable
        commitments, via contractual or other legally binding instruments, to apply those
        appropriate safeguards, including with regard to the rights of data subjects.
3.      The certification shall be voluntary and available via a process that is transparent.
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 ---pagebreak--- 4.      A certification pursuant to this Article does not reduce the responsibility of the controller
        or the processor for compliance with this Regulation and is without prejudice to the tasks
        and powers of the supervisory authorities which are competent pursuant to Article 55
        or 56.
5.      A certification pursuant to this Article shall be issued by the certification bodies referred to
        in Article 43 or by the competent supervisory authority, on the basis of criteria approved
        by that competent supervisory authority pursuant to Article 58(3) or by the Board pursuant
        to Article 63. Where the criteria are approved by the Board, this may result in a common
        certification, the European Data Protection Seal.
6.      The controller or processor which submits its processing to the certification mechanism
        shall provide the certification body referred to in Article 43, or where applicable, the
        competent supervisory authority, with all information and access to its processing activities
        which are necessary to conduct the certification procedure.
7.      Certification shall be issued to a controller or processor for a maximum period of three
        years and may be renewed, under the same conditions, provided that the relevant
        requirements continue to be met. Certification shall be withdrawn, as applicable, by the
        certification bodies referred to in Article 43 or by the competent supervisory authority
        where the requirements for the certification are not or are no longer met.
8.      The Board shall collate all certification mechanisms and data protection seals and marks in
        a register and shall make them publicly available by any appropriate means.
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 ---pagebreak---                                                 Article 43
                                           Certification bodies
1.      Without prejudice to the tasks and powers of the competent supervisory authority under
        Articles 57 and 58, certification bodies which have an appropriate level of expertise in
        relation to data protection shall, after informing the supervisory authority in order to allow
        it to exercise its powers pursuant to point (h) of Article 58(2) where necessary, issue and
        renew certification. Member States shall ensure that those certification bodies are
        accredited by one or both of the following:
        (a)    the supervisory authority which is competent pursuant to Article 55 or 56;
        (b)    the national accreditation body named in accordance with Regulation (EC)
               No 765/2008 of the European Parliament and of the Council 1 in accordance with
               EN-ISO/IEC 17065/2012 and with the additional requirements established by the
               supervisory authority which is competent pursuant to Article 55 or 56.
2.      Certification bodies referred to in paragraph 1 shall be accredited in accordance with
        paragraph 1 only where they have:
        (a)    demonstrated their independence and expertise in relation to the subject-matter of the
               certification to the satisfaction of the competent supervisory authority;
1
      Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008
      setting out the requirements for accreditation and market surveillance relating to the
      marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008,
      p. 30).
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 ---pagebreak---         (b)   undertaken to respect the criteria referred to in Article 42(5) and approved by the
              supervisory authority which is competent pursuant to Article 55 or 56 or by the
              Board pursuant to Article 63;
        (c)   established procedures for the issuing, periodic review and withdrawal of data
              protection certification, seals and marks;
        (d)   established procedures and structures to handle complaints about infringements of
              the certification or the manner in which the certification has been, or is being,
              implemented by the controller or processor, and to make those procedures and
              structures transparent to data subjects and the public; and
        (e)   demonstrated, to the satisfaction of the competent supervisory authority, that their
              tasks and duties do not result in a conflict of interests.
3.      The accreditation of certification bodies as referred to in paragraphs 1 and 2 shall take
        place on the basis of criteria approved by the supervisory authority which is competent
        pursuant to Article 55 or 56 or by the Board pursuant to Article 63. In the case of
        accreditation pursuant to point (b) of paragraph 1 of this Article, those requirements shall
        complement those envisaged in Regulation (EC) No 765/2008 and the technical rules that
        describe the methods and procedures of the certification bodies.
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 ---pagebreak--- 4.      The certification bodies referred to in paragraph 1 shall be responsible for the proper
        assessment leading to the certification or the withdrawal of such certification without
        prejudice to the responsibility of the controller or processor for compliance with this
        Regulation. The accreditation shall be issued for a maximum period of five years and may
        be renewed on the same conditions provided that the certification body meets the
        requirements set out in this Article.
5.      The certification bodies referred to in paragraph 1 shall provide the competent supervisory
        authorities with the reasons for granting or withdrawing the requested certification.
6.      The requirements referred to in paragraph 3 of this Article and the criteria referred to in
        Article 42(5) shall be made public by the supervisory authority in an easily accessible
        form. The supervisory authorities shall also transmit those requirements and criteria to the
        Board. The Board shall collate all certification mechanisms and data protection seals in a
        register and shall make them publicly available by any appropriate means.
7.      Without prejudice to Chapter VIII, the competent supervisory authority or the national
        accreditation body shall revoke an accreditation of a certification body pursuant to
        paragraph 1 of this Article where the conditions for the accreditation are not, or are no
        longer, met or where actions taken by a certification body infringe this Regulation.
8.      The Commission shall be empowered to adopt delegated acts in accordance with Article 92
        for the purpose of specifying the requirements to be taken into account for the data
        protection certification mechanisms referred to in Article 42(1).
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 ---pagebreak--- 9.        The Commission may adopt implementing acts laying down technical standards for
          certification mechanisms and data protection seals and marks, and mechanisms to promote
          and recognise those certification mechanisms, seals and marks. Those implementing acts
          shall be adopted in accordance with the examination procedure referred to in Article 93(2).
                                           CHAPTER V
     TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES
                     OR INTERNATIONAL ORGANISATIONS
                                                Article 44
                                     General principle for transfers
Any transfer of personal data which are undergoing processing or are intended for processing after
transfer to a third country or to an international organisation shall take place only if, subject to the
other provisions of this Regulation, the conditions laid down in this Chapter are complied with by
the controller and processor, including for onward transfers of personal data from the third country
or an international organisation to another third country or to another international organisation. All
provisions in this Chapter shall be applied in order to ensure that the level of protection of natural
persons guaranteed by this Regulation is not undermined.
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 ---pagebreak---                                               Article 45
                           Transfers on the basis of an adequacy decision
1.      A transfer of personal data to a third country or an international organisation may take
        place where the Commission has decided that the third country, a territory or one or more
        specified sectors within that third country, or the international organisation in question
        ensures an adequate level of protection. Such a transfer shall not require any specific
        authorisation.
2.      When assessing the adequacy of the level of protection, the Commission shall, in
        particular, take account of the following elements:
        (a)   the rule of law, respect for human rights and fundamental freedoms, relevant
              legislation, both general and sectoral, including concerning public security, defence,
              national security and criminal law and the access of public authorities to personal
              data, as well as the implementation of such legislation, data protection rules,
              professional rules and security measures, including rules for the onward transfer of
              personal data to another third country or international organisation which are
              complied with in that country or international organisation, case-law, as well as
              effective and enforceable data subject rights and effective administrative and judicial
              redress for the data subjects whose personal data are being transferred;
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 ---pagebreak---         (b)   the existence and effective functioning of one or more independent supervisory
              authorities in the third country or to which an international organisation is subject,
              with responsibility for ensuring and enforcing compliance with the data protection
              rules, including adequate enforcement powers, for assisting and advising the data
              subjects in exercising their rights and for cooperation with the supervisory authorities
              of the Member States; and
        (c)   the international commitments the third country or international organisation
              concerned has entered into, or other obligations arising from legally binding
              conventions or instruments as well as from its participation in multilateral or regional
              systems, in particular in relation to the protection of personal data.
3.      The Commission, after assessing the adequacy of the level of protection, may decide, by
        means of implementing act, that a third country, a territory or one or more specified sectors
        within a third country, or an international organisation ensures an adequate level of
        protection within the meaning of paragraph 2 of this Article. The implementing act shall
        provide for a mechanism for a periodic review, at least every four years, which shall take
        into account all relevant developments in the third country or international organisation.
        The implementing act shall specify its territorial and sectoral application and, where
        applicable, identify the supervisory authority or authorities referred to in point (b) of
        paragraph 2 of this Article. The implementing act shall be adopted in accordance with the
        examination procedure referred to in Article 93(2).
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 ---pagebreak--- 4.      The Commission shall, on an ongoing basis, monitor developments in third countries and
        international organisations that could affect the functioning of decisions adopted pursuant
        to paragraph 3 of this Article and decisions adopted on the basis of Article 25(6) of
        Directive 95/46/EC.
5.      The Commission shall, where available information reveals, in particular following the
        review referred to in paragraph 3 of this Article, that a third country, a territory or one or
        more specified sectors within a third country, or an international organisation no longer
        ensures an adequate level of protection within the meaning of paragraph 2 of this Article,
        to the extent necessary, repeal, amend or suspend the decision referred to in paragraph 3 of
        this Article by means of implementing acts without retro-active effect. Those
        implementing acts shall be adopted in accordance with the examination procedure referred
        to in Article 93(2).
        On duly justified imperative grounds of urgency, the Commission shall adopt immediately
        applicable implementing acts in accordance with the procedure referred to in Article 93(3).
6.      The Commission shall enter into consultations with the third country or international
        organisation with a view to remedying the situation giving rise to the decision made
        pursuant to paragraph 5.
7.      A decision pursuant to paragraph 5 of this Article is without prejudice to transfers of
        personal data to the third country, a territory or one or more specified sectors within that
        third country, or the international organisation in question pursuant to Articles 46 to 49.
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 ---pagebreak--- 8.      The Commission shall publish in the Official Journal of the European Union and on its
        website a list of the third countries, territories and specified sectors within a third country
        and international organisations for which it has decided that an adequate level of protection
        is or is no longer ensured.
9.      Decisions adopted by the Commission on the basis of Article 25(6) of Directive 95/46/EC
        shall remain in force until amended, replaced or repealed by a Commission Decision
        adopted in accordance with paragraph 3 or 5 of this Article.
                                                Article 46
                             Transfers subject to appropriate safeguards
1.      In the absence of a decision pursuant to Article 45(3), a controller or processor may
        transfer personal data to a third country or an international organisation only if the
        controller or processor has provided appropriate safeguards, and on condition that
        enforceable data subject rights and effective legal remedies for data subjects are available.
2.      The appropriate safeguards referred to in paragraph 1 may be provided for, without
        requiring any specific authorisation from a supervisory authority, by:
        (a)    a legally binding and enforceable instrument between public authorities or bodies;
        (b)    binding corporate rules in accordance with Article 47;
        (c)    standard data protection clauses adopted by the Commission in accordance with the
               examination procedure referred to in Article 93(2);
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 ---pagebreak---         (d)   standard data protection clauses adopted by a supervisory authority and approved by
              the Commission pursuant to the examination procedure referred to in Article 93(2);
        (e)   an approved code of conduct pursuant to Article 40 together with binding and
              enforceable commitments of the controller or processor in the third country to apply
              the appropriate safeguards, including as regards data subjects' rights; or
        (f)   an approved certification mechanism pursuant to Article 42 together with binding
              and enforceable commitments of the controller or processor in the third country to
              apply the appropriate safeguards, including as regards data subjects' rights.
3.      Subject to the authorisation from the competent supervisory authority, the appropriate
        safeguards referred to in paragraph 1 may also be provided for, in particular, by:
        (a)   contractual clauses between the controller or processor and the controller, processor
              or the recipient of the personal data in the third country or international organisation;
              or
        (b)   provisions to be inserted into administrative arrangements between public authorities
              or bodies which include enforceable and effective data subject rights.
4.      The supervisory authority shall apply the consistency mechanism referred to in Article 63
        in the cases referred to in paragraph 3 of this Article.
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 ---pagebreak--- 5.      Authorisations by a Member State or supervisory authority on the basis of Article 26(2) of
        Directive 95/46/EC shall remain valid until amended, replaced or repealed, if necessary, by
        that supervisory authority. Decisions adopted by the Commission on the basis of
        Article 26(4) of Directive 95/46/EC shall remain in force until amended, replaced or
        repealed, if necessary, by a Commission Decision adopted in accordance with paragraph 2
        of this Article.
                                               Article 47
                                        Binding corporate rules
1.      The competent supervisory authority shall approve binding corporate rules in accordance
        with the consistency mechanism set out in Article 63, provided that they:
        (a)    are legally binding and apply to and are enforced by every member concerned of the
               group of undertakings, or group of enterprises engaged in a joint economic activity,
               including their employees;
        (b)    expressly confer enforceable rights on data subjects with regard to the processing of
               their personal data; and
        (c)    fulfil the requirements laid down in paragraph 2.
2.      The binding corporate rules referred to in paragraph 1 shall specify at least:
        (a)    the structure and contact details of the group of undertakings, or group of enterprises
               engaged in a joint economic activity and of each of its members;
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                                                 DGD 2                                           EN
 ---pagebreak---         (b) the data transfers or set of transfers, including the categories of personal data, the
            type of processing and its purposes, the type of data subjects affected and the
            identification of the third country or countries in question;
        (c) their legally binding nature, both internally and externally;
        (d) the application of the general data protection principles, in particular purpose
            limitation, data minimisation, limited storage periods, data quality, data protection by
            design and by default, legal basis for processing, processing of special categories of
            personal data, measures to ensure data security, and the requirements in respect of
            onward transfers to bodies not bound by the binding corporate rules;
        (e) the rights of data subjects in regard to processing and the means to exercise those
            rights, including the right not to be subject to decisions based solely on automated
            processing, including profiling in accordance with Article 22, the right to lodge a
            complaint with the competent supervisory authority and before the competent courts
            of the Member States in accordance with Article 79, and to obtain redress and, where
            appropriate, compensation for a breach of the binding corporate rules;
        (f) the acceptance by the controller or processor established on the territory of a
            Member State of liability for any breaches of the binding corporate rules by any
            member concerned not established in the Union; the controller or the processor shall
            be exempt from that liability, in whole or in part, only if it proves that that member is
            not responsible for the event giving rise to the damage;
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                                               DGD 2                                             EN
 ---pagebreak---         (g) how the information on the binding corporate rules, in particular on the provisions
            referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects
            in addition to Articles 13 and 14;
        (h) the tasks of any data protection officer designated in accordance with Article 37 or
            any other person or entity in charge of the monitoring compliance with the binding
            corporate rules within the group of undertakings, or group of enterprises engaged in a
            joint economic activity, as well as monitoring training and complaint-handling;
        (i) the complaint procedures;
        (j) the mechanisms within the group of undertakings, or group of enterprises engaged in
            a joint economic activity for ensuring the verification of compliance with the binding
            corporate rules. Such mechanisms shall include data protection audits and methods
            for ensuring corrective actions to protect the rights of the data subject. Results of
            such verification should be communicated to the person or entity referred under
            point (h) and to the board of the controlling undertaking of a group of undertakings,
            or of the group of enterprises engaged in a joint economic activity, and should be
            available upon request to the competent supervisory authority;
        (k) the mechanisms for reporting and recording changes to the rules and reporting those
            changes to the supervisory authority;
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                                               DGD 2                                             EN
 ---pagebreak---         (l)   the cooperation mechanism with the supervisory authority to ensure compliance by
              any member of the group of undertakings, or group of enterprises engaged in a joint
              economic activity, in particular by making available to the supervisory authority the
              results of verifications of the measures referred to in point (j);
        (m) the mechanisms for reporting to the competent supervisory authority any legal
              requirements to which a member of the group of undertakings, or group of
              enterprises engaged in a joint economic activity is subject in a third country which
              are likely to have a substantial adverse effect on the guarantees provided by the
              binding corporate rules; and
        (n)   the appropriate data protection training to personnel having permanent or regular
              access to personal data.
3.      The Commission may specify the format and procedures for the exchange of information
        between controllers, processors and supervisory authorities for binding corporate rules
        within the meaning of this Article. Those implementing acts shall be adopted in accordance
        with the examination procedure set out in Article 93(2).
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                                                DGD 2                                           EN
 ---pagebreak---                                                 Article 48
                          Transfers or disclosures not authorised by Union law
Any judgment of a court or tribunal and any decision of an administrative authority of a third
country requiring a controller or processor to transfer or disclose personal data may only be
recognised or enforceable in any manner if based on an international agreement, such as a mutual
legal assistance treaty, in force between the requesting third country and the Union or a
Member State, without prejudice to other grounds for transfer pursuant to this Chapter.
                                                Article 49
                                   Derogations for specific situations
1.       In the absence of an adequacy decision pursuant to Article 45(3), or of appropriate
         safeguards pursuant to Article 46, including binding corporate rules, a transfer or a set of
         transfers of personal data to a third country or an international organisation shall take place
         only on one of the following conditions:
         (a)   the data subject has explicitly consented to the proposed transfer, after having been
               informed of the possible risks of such transfers for the data subject due to the absence
               of an adequacy decision and appropriate safeguards;
         (b)   the transfer is necessary for the performance of a contract between the data subject
               and the controller or the implementation of pre-contractual measures taken at the
               data subject's request;
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                                                 DGD 2                                             EN
 ---pagebreak---         (c) the transfer is necessary for the conclusion or performance of a contract concluded in
            the interest of the data subject between the controller and another natural or legal
            person;
        (d) the transfer is necessary for important reasons of public interest;
        (e) the transfer is necessary for the establishment, exercise or defence of legal claims;
        (f) the transfer is necessary in order to protect the vital interests of the data subject or of
            other persons, where the data subject is physically or legally incapable of giving
            consent;
        (g) the transfer is made from a register which according to Union or Member State law is
            intended to provide information to the public and which is open to consultation either
            by the public in general or by any person who can demonstrate a legitimate interest,
            but only to the extent that the conditions laid down in Union or Member State law for
            consultation are fulfilled in the particular case.
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                                               DGD 2                                               EN
 ---pagebreak---         Where a transfer could not be based on a provision in Articles 45 or 46, including the
        provisions on binding corporate rules, and none of the derogations for a specific situation
        pursuant to points (a) to (g) of this paragraph is applicable, a transfer to a third country or
        an international organisation may take place only if the transfer is not repetitive, concerns
        only a limited number of data subjects, is necessary for the purposes of compelling
        legitimate interests pursued by the controller which are not overridden by the interests or
        rights and freedoms of the data subject, and the controller has assessed all the
        circumstances surrounding the data transfer and has on the basis of that assessment
        provided suitable safeguards with regard to the protection of personal data. The controller
        shall inform the supervisory authority of the transfer. The controller shall, in addition to
        providing the information referred to in Articles 13 and 14, inform the data subject of the
        transfer and on the compelling legitimate interests pursued.
2.      A transfer pursuant to point (g) of paragraph 1 shall not involve the entirety of the personal
        data or entire categories of the personal data contained in the register. Where the register is
        intended for consultation by persons having a legitimate interest, the transfer shall be made
        only at the request of those persons or if they are to be the recipients.
3.      Points (a), (b) and (c) of the first subparagraph and the second subparagraph of paragraph 1
        shall not apply to activities carried out by public authorities in the exercise of their public
        powers.
4.      The public interest referred to in point (d) of paragraph 1 shall be recognised in Union law
        or in the law of the Member State to which the controller is subject.
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                                                 DGD 2                                              EN
 ---pagebreak--- 5.        In the absence of an adequacy decision, Union or Member State law may, for important
          reasons of public interest, expressly set limits to the transfer of specific categories of
          personal data to a third country or an international organisation. Member States shall notify
          such provisions to the Commission.
6.        The controller or processor shall document the assessment as well as the suitable
          safeguards referred to in the second subparagraph of paragraph 1 of this Article in the
          records referred to in Article 30.
                                                Article 50
                      International cooperation for the protection of personal data
In relation to third countries and international organisations, the Commission and supervisory
authorities shall take appropriate steps to:
(a)       develop international cooperation mechanisms to facilitate the effective enforcement of
          legislation for the protection of personal data;
(b)       provide international mutual assistance in the enforcement of legislation for the protection
          of personal data, including through notification, complaint referral, investigative assistance
          and information exchange, subject to appropriate safeguards for the protection of personal
          data and other fundamental rights and freedoms;
(c)       engage relevant stakeholders in discussion and activities aimed at furthering international
          cooperation in the enforcement of legislation for the protection of personal data;
(d)       promote the exchange and documentation of personal data protection legislation and
          practice, including on jurisdictional conflicts with third countries.
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                                                  DGD 2                                              EN
 ---pagebreak---                                          CHAPTER VI
             INDEPENDENT SUPERVISORY AUTHORITIES
                                             SECTION 1
                                      INDEPENDENT STATUS
                                               Article 51
                                         Supervisory authority
1.      Each Member State shall provide for one or more independent public authorities to be
        responsible for monitoring the application of this Regulation, in order to protect the
        fundamental rights and freedoms of natural persons in relation to processing and to
        facilitate the free flow of personal data within the Union.
2.      Each supervisory authority shall contribute to the consistent application of this Regulation
        throughout the Union. For that purpose, the supervisory authorities shall cooperate with
        each other and the Commission in accordance with Chapter VII.
3.      Where more than one supervisory authority is established in a Member State, that
        Member State shall designate the supervisory authority which is to represent those
        authorities in the Board and shall set out the mechanism to ensure compliance by the other
        authorities with the rules relating to the consistency mechanism referred to in Article 63.
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 ---pagebreak--- 4.      Each Member State shall notify to the Commission the provisions of its law which it
        adopts pursuant to this Chapter, by … [two years from the date of entry into force of this
        Regulation] at the latest and, without delay, any subsequent amendment affecting them.
                                              Article 52
                                            Independence
1.      Each supervisory authority shall act with complete independence in performing its tasks
        and exercising its powers in accordance with this Regulation.
2.      The member or members of each supervisory authority shall, in the performance of their
        tasks and exercise of their powers in accordance with this Regulation, remain free from
        external influence, whether direct or indirect, and shall neither seek nor take instructions
        from anybody.
3.      Member or members of each supervisory authority shall refrain from any action
        incompatible with their duties and shall not, during their term of office, engage in any
        incompatible occupation, whether gainful or not.
4.      Each Member State shall ensure that each supervisory authority is provided with the
        human, technical and financial resources, premises and infrastructure necessary for the
        effective performance of its tasks and exercise of its powers, including those to be carried
        out in the context of mutual assistance, cooperation and participation in the Board.
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 ---pagebreak--- 5.      Each Member State shall ensure that each supervisory authority chooses and has its own
        staff which shall be subject to the exclusive direction of the member or members of the
        supervisory authority concerned.
6.      Each Member State shall ensure that each supervisory authority is subject to financial
        control which does not affect its independence and that it has separate, public annual
        budgets, which may be part of the overall state or national budget.
                                              Article 53
                  General conditions for the members of the supervisory authority
1.      Member States shall provide for each member of their supervisory authorities to be
        appointed by means of a transparent procedure by:
        –     their parliament;
        –     their government;
        –     their head of State; or
        –     an independent body entrusted with the appointment under Member State law.
2.      Each member shall have the qualifications, experience and skills, in particular in the area
        of the protection of personal data, required to perform its duties and exercise its powers.
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 ---pagebreak--- 3.      The duties of a member shall end in the event of the expiry of the term of office,
        resignation or compulsory retirement, in accordance with the law of the Member State
        concerned.
4.      A member shall be dismissed only in cases of serious misconduct or if the member no
        longer fulfils the conditions required for the performance of the duties.
                                               Article 54
                       Rules on the establishment of the supervisory authority
1.      Each Member State shall provide by law for all of the following:
        (a)   the establishment of each supervisory authority;
        (b)   the qualifications and eligibility conditions required to be appointed as member of
              each supervisory authority;
        (c)   the rules and procedures for the appointment of the member or members of each
              supervisory authority;
        (d)   the duration of the term of the member or members of each supervisory authority of
              no less than four years, except for the first appointment after … [the date of entry
              into force of this Regulation], part of which may take place for a shorter period
              where that is necessary to protect the independence of the supervisory authority by
              means of a staggered appointment procedure;
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 ---pagebreak---         (e)    whether and, if so, for how many terms the member or members of each supervisory
               authority is eligible for reappointment;
        (f)    the conditions governing the obligations of the member or members and staff of each
               supervisory authority, prohibitions on actions, occupations and benefits incompatible
               therewith during and after the term of office and rules governing the cessation of
               employment.
2.      The member or members and the staff of each supervisory authority shall, in accordance
        with Union or Member State law, be subject to a duty of professional secrecy both during
        and after their term of office, with regard to any confidential information which has come
        to their knowledge in the course of the performance of their tasks or exercise of their
        powers. During their term of office, that duty of professional secrecy shall in particular
        apply to reporting by natural persons of infringements of this Regulation.
                                              SECTION 2
                               COMPETENCE, TASKS AND POWERS
                                               Article 55
                                              Competence
1.      Each supervisory authority shall be competent for the performance of the tasks assigned to
        and the exercise of the powers conferred on it in accordance with this Regulation on the
        territory of its own Member State.
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 ---pagebreak--- 2.      Where processing is carried out by public authorities or private bodies acting on the basis
        of points (c) or (e) of Article 6(1), the supervisory authority of the Member State
        concerned shall be competent. In such cases Article 56 does not apply.
3.      Supervisory authorities shall not be competent to supervise processing operations of courts
        acting in their judicial capacity.
                                                Article 56
                            Competence of the lead supervisory authority
1.      Without prejudice to Article 55, the supervisory authority of the main establishment or of
        the single establishment of the controller or processor shall be competent to act as lead
        supervisory authority for the cross-border processing carried out by that controller or
        processor in accordance with the procedure provided in Article 60.
2.      By derogation from paragraph 1, each supervisory authority shall be competent to handle a
        complaint lodged with it or a possible infringement of this Regulation, if the subject matter
        relates only to an establishment in its Member State or substantially affects data subjects
        only in its Member State.
3.      In the cases referred to in paragraph 2 of this Article, the supervisory authority shall inform
        the lead supervisory authority without delay on that matter. Within a period of three weeks
        after being informed the lead supervisory authority shall decide whether or not it will
        handle the case in accordance with the procedure provided in Article 60, taking into
        account whether or not there is an establishment of the controller or processor in the
        Member State of which the supervisory authority informed it.
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 ---pagebreak--- 4.      Where the lead supervisory authority decides to handle the case, the procedure provided in
        Article 60 shall apply. The supervisory authority which informed the lead supervisory
        authority may submit to the lead supervisory authority a draft for a decision. The lead
        supervisory authority shall take utmost account of that draft when preparing the draft
        decision referred to in Article 60(3).
5.      Where the lead supervisory authority decides not to handle the case, the supervisory
        authority which informed the lead supervisory authority shall handle it according to
        Articles 61 and 62.
6.      The lead supervisory authority shall be the sole interlocutor of the controller or processor
        for the cross-border processing carried out by that controller or processor.
                                               Article 57
                                                 Tasks
1.      Without prejudice to other tasks set out under this Regulation, each supervisory authority
        shall on its territory:
        (a)   monitor and enforce the application of this Regulation;
        (b)   promote public awareness and understanding of the risks, rules, safeguards and rights
              in relation to processing. Activities addressed specifically to children shall receive
              specific attention;
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 ---pagebreak---         (c) advise, in accordance with Member State law, the national parliament, the
            government, and other institutions and bodies on legislative and administrative
            measures relating to the protection of natural persons' rights and freedoms with
            regard to processing;
        (d) promote the awareness of controllers and processors of their obligations under this
            Regulation;
        (e) upon request, provide information to any data subject concerning the exercise of their
            rights under this Regulation and, if appropriate, cooperate with the supervisory
            authorities in other Member States to that end;
        (f) handle complaints lodged by a data subject, or by a body, organisation or association
            in accordance with Article 80, and investigate, to the extent appropriate, the subject
            matter of the complaint and inform the complainant of the progress and the outcome
            of the investigation within a reasonable period, in particular if further investigation or
            coordination with another supervisory authority is necessary;
        (g) cooperate with, including sharing information and provide mutual assistance to, other
            supervisory authorities with a view to ensuring the consistency of application and
            enforcement of this Regulation;
        (h) conduct investigations on the application of this Regulation, including on the basis of
            information received from another supervisory authority or other public authority;
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 ---pagebreak---         (i) monitor relevant developments, insofar as they have an impact on the protection of
            personal data, in particular the development of information and communication
            technologies and commercial practices;
        (j) adopt standard contractual clauses referred to in Article 28(8) and point (d) of
            Article 46(2);
        (k) establish and maintain a list in relation to the requirement for data protection impact
            assessment pursuant to Article 35(4);
        (l) give advice on the processing operations referred to in Article 36(2);
        (m) encourage the drawing up of codes of conduct pursuant to Article 40 and provide an
            opinion and approve such codes of conduct which provide sufficient safeguards,
            pursuant to Article 40(5);
        (n) encourage the establishment of data protection certification mechanisms and of data
            protection seals and marks pursuant to Article 42(1), and approve the criteria of
            certification pursuant to Article 42(5);
        (o) where applicable, carry out a periodic review of certifications issued in accordance
            with Article 42(7);
        (p) draft and publish the criteria for accreditation of a body for monitoring codes of
            conduct pursuant to Article 41 and of a certification body pursuant to Article 43;
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 ---pagebreak---         (q)   conduct the accreditation of a body for monitoring codes of conduct pursuant to
              Article 41 and of a certification body pursuant to Article 43;
        (r)   authorise contractual clauses and provisions referred to in Article 46(3);
        (s)   approve binding corporate rules pursuant to Article 47;
        (t)   contribute to the activities of the Board;
        (u)   keep internal records of infringements of this Regulation and of measures taken in
              accordance with Article 58(2); and
        (v)   fulfil any other tasks related to the protection of personal data.
2.      Each supervisory authority shall facilitate the submission of complaints referred to in
        point (f) of paragraph 1, by measures such as a complaint submission form which may also
        be completed electronically, without excluding other means of communication.
3.      The performance of the tasks of each supervisory authority shall be free of charge for the
        data subject and, where applicable, for the data protection officer.
4.      Where requests are manifestly unfounded or excessive, in particular because of their
        repetitive character, the supervisory authority may charge a reasonable fee based on
        administrative costs, or refuse to act on the request. The supervisory authority shall bear
        the burden of demonstrating the manifestly unfounded or excessive character of the
        request.
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 ---pagebreak---                                               Article 58
                                               Powers
1.      Each supervisory authority shall have all of the following investigative powers:
        (a)  to order the controller and the processor, and, where applicable, the controller's or the
             processor's representative to provide any information it requires for the performance
             of its tasks;
        (b)  to carry out investigations in the form of data protection audits;
        (c)  to carry out a review on certifications issued pursuant to Article 42(7);
        (d)  to notify the controller or the processor of an alleged infringement of this Regulation;
        (e)  to obtain, from the controller and the processor, access to all personal data and to all
             information necessary for the performance of its tasks;
        (f)  to obtain access to any premises of the controller and the processor, including to any
             data processing equipment and means, in accordance with Union or Member State
             procedural law.
2.      Each supervisory authority shall have all of the following corrective powers:
        (a)  to issue warnings to a controller or processor that intended processing operations are
             likely to infringe provisions of this Regulation;
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 ---pagebreak---         (b) to issue reprimands to a controller or a processor where processing operations have
            infringed provisions of this Regulation;
        (c) to order the controller or the processor to comply with the data subject's requests to
            exercise his or her rights pursuant to this Regulation;
        (d) to order the controller or processor to bring processing operations into compliance
            with the provisions of this Regulation, where appropriate, in a specified manner and
            within a specified period;
        (e) to order the controller to communicate a personal data breach to the data subject;
        (f) to impose a temporary or definitive limitation including a ban on processing;
        (g) to order the rectification or erasure of personal data or restriction of processing
            pursuant to Articles 16, 17 and 18 and the notification of such actions to recipients to
            whom the personal data have been disclosed pursuant to Articles 17(2) and 19;
        (h) to withdraw a certification or to order the certification body to withdraw a
            certification issued pursuant to Articles 42 and 43, or to order the certification body
            not to issue certification if the requirements for the certification are not or are no
            longer met;
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 ---pagebreak---         (i)  to impose an administrative fine pursuant to Article 83, in addition to, or instead of
             measures referred to in this paragraph, depending on the circumstances of each
             individual case;
        (j)  to order the suspension of data flows to a recipient in a third country or to an
             international organisation.
3.      Each supervisory authority shall have all of the following authorisation and advisory
        powers:
        (a)  to advise the controller in accordance with the prior consultation procedure referred
             to in Article 36;
        (b)  to issue, on its own initiative or on request, opinions to the national parliament, the
             Member State government or, in accordance with Member State law, to other
             institutions and bodies as well as to the public on any issue related to the protection
             of personal data;
        (c)  to authorise processing referred to in Article 36(5), if the law of the Member State
             requires such prior authorisation;
        (d)  to issue an opinion and approve draft codes of conduct pursuant to Article 40(5);
        (e)  to accredit certification bodies pursuant to Article 43;
        (f)  to issue certifications and approve criteria of certification in accordance with
             Article 42(5);
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 ---pagebreak---         (g)   to adopt standard data protection clauses referred to in Article 28(8) and in point (d)
              of Article 46(2);
        (h)   to authorise contractual clauses referred to in point (a) of Article 46(3);
        (i)   to authorise administrative arrangements referred to in point (b) of Article 46(3);
        (j)   to approve binding corporate rules pursuant to Article 47.
4.      The exercise of the powers conferred on the supervisory authority pursuant to this Article
        shall be subject to appropriate safeguards, including effective judicial remedy and due
        process, set out in Union and Member State law in accordance with the Charter.
5.      Each Member State shall provide by law that its supervisory authority shall have the power
        to bring infringements of this Regulation to the attention of the judicial authorities and
        where appropriate, to commence or engage otherwise in legal proceedings, in order to
        enforce the provisions of this Regulation.
6.      Each Member State may provide by law that its supervisory authority shall have additional
        powers to those referred to in paragraphs 1, 2 and 3. The exercise of those powers shall not
        impair the effective operation of Chapter VII.
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 ---pagebreak---                                                Article 59
                                           Activity reports
Each supervisory authority shall draw up an annual report on its activities, which may include a list
of types of infringement notified and types of measures taken in accordance with Article 58(2).
Those reports shall be transmitted to the national parliament, the government and other authorities
as designated by Member State law. They shall be made available to the public, to the Commission
and to the Board.
                                        CHAPTER VII
                     COOPERATION AND CONSISTENCY
                                             SECTION 1
                                          COOPERATION
                                               Article 60
                         Cooperation between the lead supervisory authority
                            and other supervisory authorities concerned
1.       The lead supervisory authority shall cooperate with the other supervisory authorities
         concerned in accordance with this Article in an endeavour to reach consensus. The lead
         supervisory authority and the supervisory authorities concerned shall exchange all relevant
         information with each other.
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 ---pagebreak--- 2.      The lead supervisory authority may request at any time other supervisory authorities
        concerned to provide mutual assistance pursuant to Article 61 and may conduct joint
        operations pursuant to Article 62, in particular for carrying out investigations or for
        monitoring the implementation of a measure concerning a controller or processor
        established in another Member State.
3.      The lead supervisory authority shall, without delay, communicate the relevant information
        on the matter to the other supervisory authorities concerned. It shall without delay submit a
        draft decision to the other supervisory authorities concerned for their opinion and take due
        account of their views.
4.      Where any of the other supervisory authorities concerned within a period of four weeks
        after having been consulted in accordance with paragraph 3 of this Article, expresses a
        relevant and reasoned objection to the draft decision, the lead supervisory authority shall, if
        it does not follow the relevant and reasoned objection or is of the opinion it is not relevant
        and reasoned, submit the matter to the consistency mechanism referred to in Article 63.
5.      Where the lead supervisory authority intends to follow the relevant and reasoned objection
        made, it shall submit to the other supervisory authorities concerned a revised draft decision
        for their opinion. That revised draft decision shall be subject to the procedure referred to in
        paragraph 4 within a period of two weeks.
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 ---pagebreak--- 6.      Where none of the other supervisory authorities concerned has objected to the draft
        decision submitted by the lead supervisory authority within the period referred to in
        paragraphs 4 and 5, the lead supervisory authority and the supervisory authorities
        concerned shall be deemed to be in agreement with that draft decision and shall be bound
        by it.
7.      The lead supervisory authority shall adopt and notify the decision to the main
        establishment or single establishment of the controller or processor, as the case may be and
        inform the other supervisory authorities concerned and the Board of the decision in
        question, including a summary of the relevant facts and grounds. The supervisory authority
        with which a complaint has been lodged shall inform the complainant on the decision.
8.      By derogation from paragraph 7, where a complaint is dismissed or rejected, the
        supervisory authority with which the complaint was lodged shall adopt the decision and
        notify it to the complainant and shall inform the controller thereof.
9.      Where the lead supervisory authority and the supervisory authorities concerned agree to
        dismiss or reject parts of a complaint and to act on other parts of that complaint, a separate
        decision shall be adopted for each of those parts of the matter. The lead supervisory
        authority shall adopt the decision for the part concerning actions in relation to the
        controller, shall notify it to the main establishment or single establishment of the controller
        or processor on the territory of its Member State and shall inform the complainant thereof,
        while the supervisory authority of the complainant shall adopt the decision for the part
        concerning dismissal or rejection of that complaint, and shall notify it to that complainant
        and shall inform the controller or processor thereof.
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 ---pagebreak--- 10.     After being notified of the decision of the lead supervisory authority pursuant to
        paragraphs7 and 9, the controller or processor shall take the necessary measures to ensure
        compliance with the decision as regards processing activities in the context of all its
        establishments in the Union. The controller or processor shall notify the measures taken for
        complying with the decision to the lead supervisory authority, which shall inform the other
        supervisory authorities concerned.
11.     Where, in exceptional circumstances, a supervisory authority concerned has reasons to
        consider that there is an urgent need to act in order to protect the interests of data subjects,
        the urgency procedure referred to in Article 66 shall apply.
12.     The lead supervisory authority and the other supervisory authorities concerned shall supply
        the information required under this Article to each other by electronic means, using a
        standardised format.
                                              Article 61
                                          Mutual assistance
1.      Supervisory authorities shall provide each other with relevant information and mutual
        assistance in order to implement and apply this Regulation in a consistent manner, and
        shall put in place measures for effective cooperation with one another. Mutual assistance
        shall cover, in particular, information requests and supervisory measures, such as requests
        to carry out prior authorisations and consultations, inspections and investigations.
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                                                DGD 2                                               EN
 ---pagebreak--- 2.      Each supervisory authority shall take all appropriate measures required to reply to a
        request of another supervisory authority without undue delay and no later than one month
        after receiving the request. Such measures may include, in particular, the transmission of
        relevant information on the conduct of an investigation.
3.      Requests for assistance shall contain all the necessary information, including the purpose
        of and reasons for the request. Information exchanged shall be used only for the purpose
        for which it was requested.
4.      The requested supervisory authority shall not refuse to comply with the request unless:
        (a)    it is not competent for the subject-matter of the request or for the measures it is
               requested to execute; or
        (b)    compliance with the request would infringe this Regulation or Union or
               Member State law to which the supervisory authority receiving the request is subject.
5.      The requested supervisory authority shall inform the requesting supervisory authority of
        the results or, as the case may be, of the progress of the measures taken in order to respond
        to the request. The requested supervisory authority shall provide reasons for any refusal to
        comply with a requestpursuant to paragraph 4.
6.      Requested supervisory authorities shall, as a rule, supply the information requested by
        other supervisory authorities by electronic means, using a standardised format.
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                                                 DGD 2                                             EN
 ---pagebreak--- 7.      Requested supervisory authorities shall not charge a fee for any action taken by them
        pursuant to a request for mutual assistance. Supervisory authorities may agree on rules to
        indemnify each other for specific expenditure arising from the provision of mutual
        assistance in exceptional circumstances.
8.      Where a supervisory authority does not provide the information referred to in paragraph 5
        within one month of receiving the request of another supervisory authority, the requesting
        supervisory authority may adopt a provisional measure on the territory of its Member State
        in accordance with Article 55(1). In that case, the urgent need to act under Article 66(1)
        shall be presumed to be met and require an urgent binding decision from the Board
        pursuant to Article 66(2).
9.      The Commission may, by means of implementing acts, specify the format and procedures
        for mutual assistance referred to in this Article and the arrangements for the exchange of
        information by electronic means between supervisory authorities, and between supervisory
        authorities and the Board, in particular the standardised format referred to in paragraph 6
        of this Article. Those implementing acts shall be adopted in accordance with the
        examination procedure referred to in Article 93(2).
                                              Article 62
                             Joint operations of supervisory authorities
1.      The supervisory authorities shall, where appropriate, conduct joint operations including
        joint investigations and joint enforcement measures in which members or staff from the
        supervisory authorities of other Member States are involved.
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 ---pagebreak--- 2.      Where the controller or processor has establishments in several Member States or where a
        significant number of data subjects in more than one Member State are likely to be
        substantially affected by processing operations, a supervisory authority of each of those
        Member States shall have the right to participate in joint operations. The supervisory
        authority which is competent pursuant to Article 56 (1) or 56(4) shall invite the supervisory
        authority of each of those Member States to take part in the joint operations and shall
        respond without delay to the request of a supervisory authority to participate.
3.      A supervisory authority may, in accordance with Member State law, and with the
        seconding supervisory authority's authorisation, confer powers, including investigative
        powers on the seconding supervisory authority's members or staff involved in joint
        operations or, in so far as the law of the Member State of the host supervisory authority
        permits, allow the seconding supervisory authority's members or staff to exercise their
        investigative powers in accordance with the law of the Member State of the seconding
        supervisory authority. Such investigative powers may be exercised only under the guidance
        and in the presence of members or staff of the host supervisory authority. The seconding
        supervisory authority's members or staff shall be subject to the Member State law of the
        host supervisory authority.
4.      Where, in accordance with paragraph 1, staff of a seconding supervisory authority operate
        in another Member State, the Member State of the host supervisory authority shall assume
        responsibility for their actions, including liability, for any damage caused by them during
        their operations, in accordance with the law of the Member State in whose territory they
        are operating.
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                                                 DGD 2                                          EN
 ---pagebreak--- 5.      The Member State in whose territory the damage was caused shall make good such
        damage under the conditions applicable to damage caused by its own staff. The
        Member State of the seconding supervisory authority whose staff has caused damage to
        any person in the territory of another Member State shall reimburse that other
        Member State in full any sums it has paid to the persons entitled on their behalf.
6.      Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception
        of paragraph 5, each Member State shall refrain, in the case provided for in paragraph 1,
        from requesting reimbursement from another Member State in relation to damage referred
        to in paragraph 4.
7.      Where a joint operation is intended and a supervisory authority does not, within one
        month, comply with the obligation laid down in the second sentence of paragraph 2 of this
        Article, the other supervisory authorities may adopt a provisional measure on the territory
        of its Member State in accordance with Article 55. In that case, the urgent need to act
        under Article 66(1) shall be presumed to be met and require an opinion or an urgent
        binding decision from the Board pursuant to Article 66(2).
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                                                DGD 2                                             EN
 ---pagebreak---                                               SECTION 2
                                            CONSISTENCY
                                               Article 63
                                        Consistency mechanism
In order to contribute to the consistent application of this Regulation throughout the Union, the
supervisory authorities shall cooperate with each other and, where relevant, with the Commission,
through the consistency mechanism as set out in this Section.
                                               Article 64
                                          Opinion of the Board
1.       The Board shall issue an opinion where a competent supervisory authority intends to adopt
         any of the measures below. To that end, the competent supervisory authority shall
         communicate the draft decision to the Board, when it:
         (a)   aims to adopt a list of the processing operations subject to the requirement for a data
               protection impact assessment pursuant to Article 35(4);
         (b)   concerns a matter pursuant to Article 40(7) whether a draft code of conduct or an
               amendment or extension to a code of conduct complies with this Regulation;
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                                                 DGD 2                                            EN
 ---pagebreak---         (c)   aims to approve the criteria for accreditation of a body pursuant to Article 41(3) or a
              certification body pursuant to Article 43(3);
        (d)   aims to determine standard data protection clauses referred to in point (d) of
              Article 46(2) and Article 28(8);
        (e)   aims to authorise contractual clauses referred to in point (a) of Article 46(3); or
        (f)   aims to approve binding corporate rules within the meaning of Article 47.
2.      Any supervisory authority, the Chair of the Board or the Commission may request that any
        matter of general application or producing effects in more than one Member State be
        examined by the Board with a view to obtaining an opinion, in particular where a
        competent supervisory authority does not comply with the obligations for mutual
        assistance in accordance with Article 61 or for joint operations in accordance with
        Article 62.
3.      In the cases referred to in paragraphs 1 and 2, the Board shall issue an opinion on the
        matter submitted to it provided that it has not already issued an opinion on the same matter.
        That opinion shall be adopted within eight weeks by simple majority of the members of the
        Board. That period may be extended by a further six weeks, taking into account the
        complexity of the subject matter. Regarding the draft decision referred to in paragraph 1
        circulated to the members of the Board in accordance with paragraph 5, a member which
        has not objected within a reasonable period indicated by the Chair, shall be deemed to be
        in agreement with the draft decision.
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 ---pagebreak--- 4.      Supervisory authorities and the Commission shall, without undue delay, communicate by
        electronic means to the Board, using a standardised format any relevant information,
        including as the case may be a summary of the facts, the draft decision, the grounds which
        make the enactment of such measure necessary, and the views of other supervisory
        authorities concerned.
5.      The Chair of the Board shall, without undue, delay inform by electronic means:
        (a)   the members of the Board and the Commission of any relevant information which
              has been communicated to it using a standardised format. The secretariat of the
              Board shall, where necessary, provide translations of relevant information; and
        (b)   the supervisory authority referred to, as the case may be, in paragraphs 1 and 2, and
              the Commission of the opinion and make it public.
6.      The competent supervisory authority shall not adopt its draft decision referred to in
        paragraph 1 within the period referred to in paragraph 3.
7.      The supervisory authority referred to in paragraph 1 shall take utmost account of the
        opinion of the Board and shall within two weeks after receiving the opinion, electronically
        communicate to the Chair of the Board whether it maintains or will amend its draft
        decision and, if any, the amended draft decision, using a standardised format.
8.      Where the supervisory authority concerned informs the Chair of the Board within the
        period referred to in paragraph 7 of this Article that it does not intend to follow the opinion
        of the Board, in whole or in part, providing the relevant grounds, Article 65(1) shall apply.
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                                               DGD 2                                               EN
 ---pagebreak---                                               Article 65
                                  Dispute resolution by the Board
1.      In order to ensure the correct and consistent application of this Regulation in individual
        cases, the Board shall adopt a binding decision in the following cases:
        (a)   where, in a case referred to in Article 60(4), a supervisory authority concerned has
              raised a relevant and reasoned objection to a draft decision of the lead authority or
              the lead authority has rejected an objection as being not relevant or reasoned. The
              binding decision shall concern all the matters which are the subject of the relevant
              and reasoned objection, in particular whether there is an infringement of this
              Regulation;
        (b)   where there are conflicting views on which of the supervisory authorities concerned
              is competent for the main establishment;
        (c)   where a competent supervisory authority does not request the opinion of the Board in
              the cases referred to in Article 64(1), or does not follow the opinion of the Board
              issued under Article 64. In that case, any supervisory authority concerned or the
              Commission may communicate the matter to the Board.
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 ---pagebreak--- 2.      The decision referred to in paragraph 1 shall be adopted within one month from the referral
        of the subject-matter by a two-third majority of the members of the Board. This period may
        be extended by a further month on account of the complexity of the subject-matter. The
        decision referred to in paragraph 1 shall be reasoned and addressed to the lead supervisory
        authority and all the supervisory authorities concerned and binding on them.
3.      Where the Board has been unable to adopt a decision within the periods referred to in
        paragraph 2, it shall adopt its decision within two weeks following the expiration of the
        second month referred to in paragraph 2 by a simple majority of the members of the Board.
        Where the members of the Board are split, the decision shall by adopted by the vote of its
        Chair.
4.      The supervisory authorities concerned shall not adopt a decision on the subject matter
        submitted to the Board under paragraph 1 during the periods referred to in paragraphs 2
        and 3.
5.      The Chair of the Board shall notify, without undue delay, the decision referred to in
        paragraph 1 to the supervisory authorities concerned. It shall inform the Commission
        thereof. The decision shall be published on the website of the Board without delay after the
        supervisory authority has notified the final decision referred to in paragraph 6.
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 ---pagebreak--- 6.      The lead supervisory authority or, as the case may be, the supervisory authority with which
        the complaint has been lodged shall adopt its final decision on the basis of the decision
        referred to in paragraph 1 of this Article, without undue delay and at the latest by one
        month after the Board has notified its decision. The lead supervisory authority or, as the
        case may be, the supervisory authority with which the complaint has been lodged, shall
        inform the Board of the date when its final decision is notified respectively to the
        controller or the processor and to the data subject. The final decision of the supervisory
        authorities concerned shall be adopted under the terms of Article 60(7), (8) and (9). The
        final decision shall refer to the decision referred to in paragraph 1 of this Article and shall
        specify that the decision referred to in that paragraph will be published on the website of
        the Board in accordance with paragraph 5 of this Article. The final decision shall attach the
        decision referred to in paragraph 1 of this Article.
                                               Article 66
                                          Urgency procedure
1.      In exceptional circumstances, where a supervisory authority concerned considers that there
        is an urgent need to act in order to protect the rights and freedoms of data subjects, it may,
        by way of derogation from the consistency mechanism referred to in Articles 63, 64 and 65
        or the procedure referred to in Article 60, immediately adopt provisional measures
        intended to produce legal effects on its own territory with a specified period of validity
        which shall not exceed three months. The supervisory authority shall, without delay,
        communicate those measures and the reasons for adopting them to the other supervisory
        authorities concerned, to the Board and to the Commission.
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 ---pagebreak--- 2.       Where a supervisory authority has taken a measure pursuant to paragraph 1 and considers
         that final measures need urgently be adopted, it may request an urgent opinion or an urgent
         binding decision from the Board, giving reasons for requesting such opinion or decision.
3.       Any supervisory authority may request an urgent opinion or an urgent binding decision, as
         the case may be, from the Board where a competent supervisory authority has not taken an
         appropriate measure in a situation where there is an urgent need to act, in order to protect
         the rights and freedoms of data subjects, giving reasons for requesting such opinion or
         decision, including for the urgent need to act.
4.       By derogation from Articles 64(3) and 65(2), an urgent opinion or an urgent binding
         decision referred to in paragraphs 2 and 3 of this Article shall be adopted within two weeks
         by simple majority of the members of the Board.
                                              Article 67
                                       Exchange of information
The Commission may adopt implementing acts of general scope in order to specify the
arrangements for the exchange of information by electronic means between supervisory authorities,
and between supervisory authorities and the Board, in particular the standardised format referred to
in Article 64.
Those implementing acts shall be adopted in accordance with the examination procedure referred to
in Article 93(2).
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 ---pagebreak---                                             SECTION 3
                          EUROPEAN DATA PROTECTION BOARD
                                             Article 68
                                 European Data Protection Board
1.      The European Data Protection Board (the 'Board') is hereby established as a body of the
        Union and shall have legal personality.
2.      The Board shall be represented by its Chair.
3.      The Board shall be composed of the head of one supervisory authority of each
        Member State and of the European Data Protection Supervisor, or their respective
        representatives.
4.      Where in a Member State more than one supervisory authority is responsible for
        monitoring the application of the provisions pursuant to this Regulation, a joint
        representative shall be appointed in accordance with that Member State's law.
5.      The Commission shall have the right to participate in the activities and meetings of the
        Board without voting right. The Commission shall designate a representative. The Chair of
        the Board shall communicate to the Commission the activities of the Board.
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 ---pagebreak--- 6.      In the cases referred to in Article 65, the European Data Protection Supervisor shall have
        voting rights only on decisions which concern principles and rules applicable to the Union
        institutions, bodies, offices and agencies which correspond in substance to those of this
        Regulation.
                                               Article 69
                                             Independence
1.      The Board shall act independently when performing its tasks or exercising its powers
        pursuant to Articles 70 and 71.
2.      Without prejudice to requests by the Commission referred to in point (b) of Article 70(1)
        and in Article 70(2), the Board shall, in the performance of its tasks or the exercise of its
        powers, neither seek nor take instructions from anybody.
                                               Article 70
                                          Tasks of the Board
1.      The Board shall ensure the consistent application of this Regulation. To that end, the Board
        shall, on its own initiative or, where relevant, at the request of the Commission, in
        particular:
        (a)    monitor and ensure the correct application of this Regulation in the cases provided
               for in Articles 64 and 65 without prejudice to the tasks of national supervisory
               authorities;
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 ---pagebreak---         (b) advise the Commission on any issue related to the protection of personal data in the
            Union, including on any proposed amendment of this Regulation;
        (c) advise the Commission on the format and procedures for the exchange of
            information between controllers, processors and supervisory authorities for binding
            corporate rules;
        (d) issue guidelines, recommendations, and best practices on procedures for erasing
            links, copies or replications of personal data from publicly available communication
            services as referred to in Article 17 (2);
        (e) examine, on its own initiative, on request of one of its members or on request of the
            Commission, any question covering the application of this Regulation and issue
            guidelines, recommendations and best practices in order to encourage consistent
            application of this Regulation;
        (f) issue guidelines, recommendations and best practices in accordance with point (e) of
            this paragraph for further specifying the criteria and conditions for decisions based
            on profiling pursuant to Article 22(2);
        (g) issue guidelines, recommendations and best practices in accordance with point (e) of
            this paragraph for establishing the personal data breaches and determining the undue
            delay referred to in Article 33(1) and (2) and for the particular circumstances in
            which a controller or a processor is required to notify the personal data breach;
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 ---pagebreak---         (h) issue guidelines, recommendations and best practices in accordance with point (e) of
            this paragraph as to the circumstances in which a personal data breach is likely to
            result in a high risk to the rights and freedoms of the natural persons referred to in
            Article 34(1).
        (i) issue guidelines, recommendations and best practices in accordance with point (e) of
            this paragraph for the purpose of further specifying the criteria and requirements for
            personal data transfers based on binding corporate rules adhered to by controllers and
            binding corporate rules adhered to by processors and on further necessary
            requirements to ensure the protection of personal data of the data subjects concerned
            referred to in Article 47;
        (j) issue guidelines, recommendations and best practices in accordance with point (e) of
            this paragraph for the purpose of further specifying the criteria and requirements for
            the personal data transfers on the basis of Article 49(1);
        (k) draw up guidelines for supervisory authorities concerning the application of
            measures referred to in Article 58(1), (2) and (3) and the fixing of administrative
            fines pursuant to Articles 83;
        (l) review the practical application of the guidelines, recommendations and best
            practices referred to in point (e) and (f);
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                                                DGD 2                                            EN
 ---pagebreak---         (m) issue guidelines, recommendations and best practices in accordance with point (e) of
            this paragraph for establishing common procedures for reporting by natural persons
            of infringements of this Regulation pursuant to Article 54(2);
        (n) encourage the drawing-up of codes of conduct and the establishment of data
            protection certification mechanisms and data protection seals and marks pursuant to
            Articles 40 and 42;
        (o) carry out the accreditation of certification bodies and its periodic review pursuant to
            Article 43 and maintain a public register of accredited bodies pursuant to
            Article 43(6) and of the accredited controllers or processors established in third
            countries pursuant to Article 42(7);
        (p) specify the requirements referred to in Article 43(3) with a view to the accreditation
            of certification bodies under Article 42;
        (q) provide the Commission with an opinion on the certification requirements referred to
            in Article 43(8);
        (r) provide the Commission with an opinion on the the icons referred to in Article 12(7);
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                                              DGD 2                                            EN
 ---pagebreak---         (s) provide the Commission with an opinion for the assessment of the adequacy of the
            level of protection in a third country or international organisation, including for the
            assessment whether a third country, a territory or one or more specified sectors
            within that third country, or an international organisation no longer ensures an
            adequate level of protection. To that end, the Commission shall provide the Board
            with all necessary documentation, including correspondence with the government of
            the third country, with regard to that third country, territory or specified sector, or
            with the international organisation.
        (t) issue opinions on draft decisions of supervisory authorities pursuant to the
            consistency mechanism referred to in Article 64(1), on matters submitted pursuant to
            Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases
            referred to in Article 66;
        (u) promote the cooperation and the effective bilateral and multilateral exchange of
            information and best practices between the supervisory authorities;
        (v) promote common training programmes and facilitate personnel exchanges between
            the supervisory authorities and, where appropriate, with the supervisory authorities
            of third countries or with international organisations;
        (w) promote the exchange of knowledge and documentation on data protection
            legislation and practice with data protection supervisory authorities worldwide.
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                                              DGD 2                                               EN
 ---pagebreak---         (x)   issue opinions on codes of conduct drawn up at Union level pursuant to
              Article 40(9); and
        (y)   maintain a publicly accessible electronic register of decisions taken by supervisory
              authorities and courts on issues handled in the consistency mechanism.
2.      Where the Commission requests advice from the Board, it may indicate a time limit, taking
        into account the urgency of the matter.
3.      The Board shall forward its opinions, guidelines, recommendations, and best practices to
        the Commission and to the committee referred to in Article 93 and make them public.
4.      The Board shall, where appropriate, consult interested parties and give them the
        opportunity to comment within a reasonable period. The Board shall, without prejudice to
        Article 76, make the results of the consultation procedure publicly available.
                                              Article 71
                                               Reports
1.      The Board shall draw up an annual report regarding the protection of natural persons with
        regard to processing in the Union and, where relevant, in third countries and international
        organisations. The report shall be made public and be transmitted to the European
        Parliament, to the Council and to the Commission.
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 ---pagebreak--- 2.      The annual report shall include a review of the practical application of the guidelines,
        recommendations and best practices referred to in point (l) of Article 70(1) as well as of
        the binding decisions referred to in Article 65.
                                             Article 72
                                             Procedure
1.      The Board shall take decisions by a simple majority of its members, unless otherwise
        provided for in this Regulation.
2.      The Board shall adopt its own rules of procedure by a two-third majority of its members
        and organise its own operational arrangements.
                                             Article 73
                                               Chair
1.      The Board shall elect a chair and two deputy chairs from amongst its members by simple
        majority.
2.      The term of office of the Chair and of the deputy chairs shall be five years and be
        renewable once.
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 ---pagebreak---                                               Article 74
                                          Tasks of the Chair
1.      The Chair shall have the following tasks:
        (a)    to convene the meetings of the Board and prepare its agenda;
        (b)    to notify decisions adopted by the Board pursuant to Article 65 to the lead
               supervisory authority and the supervisory authorities concerned;
        (c)    to ensure the timely performance of the tasks of the Board, in particular in relation to
               the consistency mechanism referred to in Article 63.
2.      The Board shall lay down the allocation of tasks between the Chair and the deputy chairs
        in its rules of procedure.
                                              Article 75
                                             Secretariat
1.      The Board shall have a secretariat, which shall be provided by the European Data
        Protection Supervisor.
2.      The secretariat shall perform its tasks exclusively under the instructions of the Chair of the
        Board.
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 ---pagebreak--- 3.      The staff of the European Data Protection Supervisor involved in carrying out the tasks
        conferred on the Board by this Regulation shall be subject to separate reporting lines from
        the staff involved in carrying out tasks conferred on the European Data Protection
        Supervisor.
4.      Where appropriate, the Board and the European Data Protection Supervisor shall establish
        and publish a Memorandum of Understanding implementing this Article, determining the
        terms of their cooperation, and applicable to the staff of the European Data Protection
        Supervisor involved in carrying out the tasks conferred on the Board by this Regulation.
5.      The secretariat shall provide analytical, administrative and logistical support to the Board.
6.      The secretariat shall be responsible in particular for:
        (a)    the day-to-day business of the Board;
        (b)    communication between the members of the Board, its Chair and the Commission;
        (c)    communication with other institutions and the public;
        (d)    the use of electronic means for the internal and external communication;
        (e)    the translation of relevant information;
        (f)    the preparation and follow-up of the meetings of the Board;
        (g)    the preparation, drafting and publication of opinions, decisions on the settlement of
               disputes between supervisory authorities and other texts adopted by the Board.
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 ---pagebreak---                                               Article 76
                                           Confidentiality
1.      The discussions of the Board shall be confidential where the Board deems it necessary, as
        provided for in its rules of procedure.
2.      Access to documents submitted to members of the Board, experts and representatives of
        third parties shall be governed by Regulation (EC) No 1049/2001 of the European
        Parliament and of the Council 1.
                                        CHAPTER VIII
                  REMEDIES, LIABILITY AND PENALTIES
                                              Article 77
                       Right to lodge a complaint with a supervisory authority
1.      Without prejudice to any other administrative or judicial remedy, every data subject shall
        have the right to lodge a complaint with a supervisory authority, in particular in the
        Member State of his or her habitual residence, place of work or place of the alleged
        infringment if the data subject considers that the processing of personal data relating to him
        or her infringes this Regulation.
1
      Regulation (EC) No 1049/2001 of the European Parliament and of the Council of
      30 May 2001 regarding public access to European Parliament, Council and Commission
      documents (OJ L 145, 31.5.2001, p. 43).
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                                                DGD 2                                            EN
 ---pagebreak--- 2.      The supervisory authority with which the complaint has been lodged shall inform the
        complainant on the progress and the outcome of the complaint including the possibility of
        a judicial remedy pursuant to Article 78.
                                               Article 78
                Right to an effective judicial remedy against a supervisory authority
1.      Without prejudice to any other administrative or non-judicial remedy, each natural or legal
        person shall have the right to an effective judicial remedy against a legally binding
        decision of a supervisory authority concerning them.
2.      Without prejudice to any other administrative or non-judicial remedy, each data subject
        shall have the right to a an effective judicial remedy where the supervisory authority which
        is competent pursuant to Article 55 and Article 56 does not handle a complaint or does not
        inform the data subject within three months on the progress or outcome of the complaint
        lodged pursuant to Article 77.
3.      Proceedings against a supervisory authority shall be brought before the courts of the
        Member State where the supervisory authority is established.
4.      Where proceedings are brought against a decision of a supervisory authority which was
        preceded by an opinion or a decision of the Board in the consistency mechanism, the
        supervisory authority shall forward that opinion or decision to the court.
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 ---pagebreak---                                                Article 79
                                 Right to an effective judicial remedy
                                  against a controller or processor
1.      Without prejudice to any available administrative or non-judicial remedy, including the
        right to lodge a complaint with a supervisory authority pursuant to Article 77, each data
        subject shall have the right to an effective judicial remedy where he or she considers that
        his or her rights under this Regulation have been infringed as a result of the processing of
        his or her personal data in non-compliance with this Regulation.
2.      Proceedings against a controller or a processor shall be brought before the courts of the
        Member State where the controller or processor has an establishment. Alternatively, such
        proceedings may be brought before the courts of the Member State where the data subject
        has his or her habitual residence, unless the controller or processor is a public authority of
        a Member State acting in the exercise of its public powers.
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 ---pagebreak---                                                 Article 80
                                    Representation of data subjects
1.      The data subject shall have the right to mandate a not-for-profit body, organisation or
        association which has been properly constituted in accordance with the law of a
        Member State, has statutory objectives which are in the public interest, and is active in the
        field of the protection of data subjects' rights and freedoms with regard to the protection of
        their personal data to lodge the complaint on his or her behalf, to exercise the rights
        referred to in Articles 77, 78 and 79 on his or her behalf, and to exercise the right to
        receive compensation referred to in Article 82 on his or her behalf where provided for by
        Member State law.
2.      Member States may provide that any body, organisation or association referred to in
        paragraph 1 of this Article, independently of a data subject's mandate, has the right to
        lodge, in that Member State, a complaint with the supervisory authority which is
        competent pursuant to Article 77 and to exercise the rights referred to in Articles 78 and 79
        if it considers that the rights of a data subject under this Regulation have been infringed as
        a result of the processing.
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                                                  DGD 2                                           EN
 ---pagebreak---                                                Article 81
                                      Suspension of proceedings
1.      Where a competent court of a Member State has information on proceedings, concerning
        the same subject matter as regards processing by the same controller or processor, that are
        pending in a court in another Member State, it shall contact that court in the other
        Member State to confirm the existence of such proceedings.
2.      Where proceedings concerning the same subject matter as regards processing of the same
        controller or processor are pending in a court in another Member State, any competent
        court other than the court first seized may suspend its proceedings.
3.      Where those proceedings are pending at first instance, any court other than the court first
        seized may also, on the application of one of the parties, decline jurisdiction if the court
        first seized has jurisdiction over the actions in question and its law permits the
        consolidation thereof.
                                               Article 82
                                  Right to compensation and liability
1.      Any person who has suffered material or non-material damage as a result of an
        infringement of this Regulation shall have the right to receive compensation from the
        controller or processor for the damage suffered.
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 ---pagebreak--- 2.      Any controller involved in processing shall be liable for the damage caused by processing
        which infringes this Regulation. A processor shall be liable for the damage caused by
        processing only where it has not complied with obligations of this Regulation specifically
        directed to processors or where it has acted outside or contrary to lawful instructions of the
        controller.
3.      A controller or processor shall be exempt from liability under paragraph 2 if it proves that
        it is not in any way responsible for the event giving rise to the damage.
4.      Where more than one controller or processor, or both a controller and a processor, are
        involved in the same processing and where they are, under paragraphs 2 and 3, responsible
        for any damage caused by processing, each controller or processor shall be held liable for
        the entire damage in order to ensure effective compensation of the data subject.
5.      Where a controller or processor has, in accordance with paragraph 4, paid full
        compensation for the damage suffered, that controller or processor shall be entitled to
        claim back from the other controllers or processors involved in the same processing that
        part of the compensation corresponding to their part of responsibility for the damage, in
        accordance with the conditions set out in paragraph 2.
6.      Court proceedings for exercising the right to receive compensation shall be brought before
        the courts competent under the law of the Member State referred to in Article 79(2).
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 ---pagebreak---                                                Article 83
                         General conditions for imposing administrative fines
1.      Each supervisory authority shall ensure that the imposition of administrative fines pursuant
        to this Article in respect of infringements of this Regulation referred to in paragraphs 4, 5
        and 6 shall in each individual case be effective, proportionate and dissuasive.
2.      Administrative fines shall, depending on the circumstances of each individual case, be
        imposed in addition to, or instead of, measures referred to in points (a) to (h) and (j) of
        Article 58(2). When deciding whether to impose an administrative fine and deciding on the
        amount of the administrative fine in each individual case due regard shall be given to the
        following:
        (a)    the nature, gravity and duration of the infringement taking into account the nature
               scope or purpose of the processing concerned as well as the number of data subjects
               affected and the level of damage suffered by them;
        (b)    the intentional or negligent character of the infringement;
        (c)    any action taken by the controller or processor to mitigate the damage suffered by
               data subjects;
        (d)    the degree of responsibility of the controller or processor taking into account
               technical and organisational measures implemented by them pursuant to Articles 25
               and 32;
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 ---pagebreak---         (e)    any relevant previous infringements by the controller or processor;
        (f)    the degree of cooperation with the supervisory authority, in order to remedy the
               infringement and mitigate the possible adverse effects of the infringement;
        (g)    the categories of personal data affected by the infringement;
        (h)    the manner in which the infringement became known to the supervisory authority, in
               particular whether, and if so to what extent, the controller or processor notified the
               infringement;
        (i)    in case measures referred to in Article 58(2) have previously been ordered against the
               controller or processor concerned with regard to the same subject-matter, compliance
               with those measures;
        (j)    adherence to approved codes of conduct pursuant to Article 40 or approved
               certification mechanisms pursuant to Article 42; and
        (k)    any other aggravating or mitigating factor applicable to the circumstances of the
               case, such as financial benefits gained, or losses avoided, directly or indirectly, from
               the infringement.
3.      If a controller or processor intentionally or negligently, for the same or linked processing
        operations, infringes several provisions of this Regulation, the total amount of the
        administrative fine shall not exceed the amount specified for the gravest infringement.
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 ---pagebreak--- 4.      Infringments of the following provisions shall, in acccordance with paragraph 2, be subject
        to administrative fines up to 10 000 000 EUR, or in the case of an undertaking, up to 2 %
        of the total worldwide annual turnover of the preceding financial year, whichever is higher:
        (a)   the obligations of the controller and the processor pursuant to Articles 8, 11, 25, 26,
              27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 42 and 43;
        (b)   the obligations of the certification body pursuant to Articles 42 and 43;
        (c)   the obligations of the monitoring body pursuant to Article 41(4).
5.      Infringements of the following provisions shall, in accordance with paragraph 2, be subject
        to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 %
        of the total worldwide annual turnover of the preceding financial year, whichever is higher:
        (a)   the basic principles for processing, including conditions for consent, pursuant to
              Articles 5, 6, 7 and 9;
        (b)   the data subjects' rights pursuant to Articles 12 to 22;
        (c)   the transfers of personal data to a recipient in a third country or an international
              organisation pursuant to Articles 44 to 49;
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 ---pagebreak---         (d)    any obligations pursuant to Member State law adopted unter Chapter IX;
        (e)    non-compliance with an order or a temporary or definitive limitation on processing
               or the suspension of data flows by the supervisory authority pursuant to Article 58(2)
               or failure to provide access in violation of Article 58(1).
6.      Non-compliance with an order by the supervisory authority as referred to in Article 58(2)
        shall, in acccordance with paragraph 2 of this Article, be subject to administrative fines up
        to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide
        annual turnover of the preceding financial year, whichever is higher.
7.      Without prejudice to the corrective powers of supervisory authorities pursuant to
        Article 58(2), each Member State may lay down the rules on whether and to what extent
        administrative fines may be imposed on public authorities and bodies established in that
        Member State.
8.      The exercise by the supervisory authority of its powers under this Article shall be subject
        to appropriate procedural safeguards in accordance with Union and Member State law,
        including effective judicial remedy and due process.
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 ---pagebreak--- 9.      Where the legal system of the Member State does not provide for administrative fines, this
        Article may be applied in such a manner that the fine is initiated by the competent
        supervisory authority and imposed by competent national courts, while ensuring that those
        legal remedies are effective and have an equivalent effect to the administrative fines
        imposed by supervisory authorities. In any event, the fines imposed shall be effective,
        proportionate and dissuasive. Those Member States shall notify to the Commission the
        provisions of their laws which they adopt pursuant to this paragraph by … [two years from
        the date of entry into force of this Regulation] and, without delay, any subsequent
        amendment law or amendment affecting them.
                                               Article 84
                                               Penalties
1.      Member States shall lay down the rules on other penalties applicable to infringements of
        this Regulation in particular for infringements which are not subject to administrative fines
        pursuant to Article 83, and shall take all measures necessary to ensure that they are
        implemented. Such penalties shall be effective, proportionate and dissuasive.
2.      Each Member State shall notify to the Commission the provisions of its law which it
        adopts pursuant to paragraph 1, by … [two years from the date of entry into force of this
        Regulation] and, without delay, any subsequent amendment affecting them.
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 ---pagebreak---                                          CHAPTER IX
                               PROVISIONS RELATING
                  TO SPECIFIC PROCESSING SITUATIONS
                                               Article 85
                       Processing and freedom of expression and information
1.      Member States shall by law reconcile the right to the protection of personal data pursuant
        to this Regulation with the right to freedom of expression and information, including
        processing for journalistic purposes and the purposes of academic, artistic or literary
        expression.
2.      For processing carried out for journalistic purposes or the purpose of academic artistic or
        literary expression, Member States shall provide for exemptions or derogations from
        Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller and
        processor), Chapter V (transfer of personal data to third countries or international
        organisations), Chapter VI (independent supervisory authorities), Chapter VII (cooperation
        and consistency) and Chapter IX (specific data processing situations) if they are necessary
        to reconcile the right to the protection of personal data with the freedom of expression and
        information.
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 ---pagebreak--- 3.       Each Member State shall notify to the Commission the provisions of its law which it has
         adopted pursuant to paragraph 2 and, without delay, any subsequent amendment law or
         amendment affecting them.
                                               Article 86
                          Processing and public access to official documents
Personal data in official documents held by a public authority or a public body or a private body for
the performance of a task carried out in the public interest may be disclosed by the authority or
body in accordance with Union or Member State law to which the public authority or body is
subject in order to reconcile public access to official documents with the right to the protection of
personal data pursuant to this Regulation.
                                               Article 87
                           Processing of the national identification number
Member States may further determine the specific conditions for the processing of a national
identification number or any other identifier of general application. In that case the national
identification number or any other identifier of general application shall be used only under
appropriate safeguards for the rights and freedoms of the data subject pursuant to this Regulation.
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 ---pagebreak---                                               Article 88
                               Processing in the context of employment
1.      Member States may, by law or by collective agreements, provide for more specific rules to
        ensure the protection of the rights and freedoms in respect of the processing of employees'
        personal data in the employment context, in particular for the purposes of the recruitment,
        the performance of the contract of employment, including discharge of obligations laid
        down by law or by collective agreements, management, planning and organisation of work,
        equality and diversity in the workplace, health and safety at work, protection of employer's
        or customer's property and for the purposes of the exercise and enjoyment, on an individual
        or collective basis, of rights and benefits related to employment, and for the purpose of the
        termination of the employment relationship.
2.      Those rules shall include suitable and specific measures to safeguard the data subject's
        human dignity, legitimate interests and fundamental rights, with particular regard to the
        transparency of processing, the transfer of personal data within a group of undertakings, or
        a group of entreprises engaged in a joint economic activity and monitoring systems at the
        work place.
3.      Each Member State shall notify to the Commission those provisions of its law which it
        adopts pursuant to paragraph 1, by … [two years from the date of entry into force of this
        Regulation] and, without delay, any subsequent amendment affecting them.
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 ---pagebreak---                                                 Article 89
                                       Safeguards and derogations
                 relating to processing for archiving purposes in the public interest,
                   scientific or historical research purposes or statistical purposes
1.      Processing for archiving purposes in the public interest, scientific or historical research
        purposes or statistical purposes, shall be subject to appropriate safeguards, in accordance
        with this Regulation, for the rights and freedoms of the data subject. Those safeguards shall
        ensure that technical and organisational measures are in place in particular in order to
        ensure respect for the principle of data minimisation. Those measures may include
        pseudonymisation provided that those purposes can be fulfilled in that manner. Where
        those purposes can be fulfilled by further processing which does not permit or no longer
        permits the identification of data subjects, those purposes shall be fulfilled in that manner.
2.      Where personal data are processed for scientific or historical research purposes or
        statistical purposes, Union or Member State law may provide for derogations from the
        rights referred to in Articles 15, 16, 18 and 21 subject to the conditions and safeguards
        referred to in paragraph 1 of this Article in so far as such rights are likely to render
        impossible or seriously impair the achievement of the specific purposes, and such
        derogations are necessary for the fulfilment of those purposes.
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 ---pagebreak--- 3.      Where personal data are processed for archiving purposes in the public interest, Union or
        Member State law may provide for derogations from the rights referred to in Articles 15,
        16, 18, 19, 20 and 21 subject to the conditions and safeguards referred to in paragraph 1 of
        this Article in so far as such rights are likely to render impossible or seriously impair the
        achievement of the specific purposes, and such derogations are necessary for the fulfilment
        of those purposes.
4.      Where processing referred to in paragraphs 2 and 3 serves at the same time another
        purpose, the derogations shall apply only to processing for the purposes referred to in those
        paragraphs.
                                               Article 90
                                         Obligations of secrecy
1.      Member States may adopt specific rules to set out the powers of the supervisory authorities
        laid down in points (e) and (f) of Article 58(1) in relation to controllers or processors that
        are subject, under Union or Member State law or rules established by national competent
        bodies, to an obligation of professional secrecy or other equivalent obligations of secrecy
        where this is necessary and proportionate to reconcile the right of the protection of
        personal data with the obligation of secrecy. Those rules shall apply only with regard to
        personal data which the controller or processor has received as a result ofor has obtained in
        an activity covered by that obligation of secrecy.
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 ---pagebreak--- 2.      Each Member State shall notify to the Commission the rules adopted pursuant to paragraph
        1, by … [two years from the date of entry into force of this Regulation] and, without delay,
        any subsequent amendment affecting them.
                                              Article 91
                Existing data protection rules of churches and religious associations
1.      Where in a Member State, churches and religious associations or communities apply, at the
        time of entry into force of this Regulation, comprehensive rules relating to the protection
        of natural persons with regard to processing, such rules may continue to apply, provided
        that they are brought into line with this Regulation.
2.      Churches and religious associations which apply comprehensive rules in accordance with
        paragraph 1 shall be subject to the supervision of an independent supervisory authority,
        which may be specific, provided that it fulfils the conditions laid down in Chapter VI of
        this Regulation.
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 ---pagebreak---                                           CHAPTER X
           DELEGATED ACTS AND IMPLEMENTING ACTS
                                                Article 92
                                      Exercise of the delegation
1.      The power to adopt delegated acts is conferred on the Commission subject to the
        conditions laid down in this Article.
2.      The delegation of power referred to in Article 12(8) and Article 43(8) shall be conferred on
        the Commission for an indeterminate period of time from … [the date of entry into force of
        this Regulation].
3.      The delegation of power referred to in Article 12(8) and Article 43(8) may be revoked at
        any time by the European Parliament or by the Council. A decision of revocation shall put
        an end to the delegation of power specified in that decision. It shall take effect the day
        following that of its publication in the Official Journal of the European Union or at a later
        date specified therein. It shall not affect the validity of any delegated acts already in force.
4.      As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the
        European Parliament and to the Council.
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                                                 DGD 2                                              EN
 ---pagebreak--- 5.      A delegated act adopted pursuant to Article 12(8) and Article 43(8) shall enter into force
        only if no objection has been expressed by either the European Parliament or the Council
        within a period of three months of notification of that act to the European Parliament and
        the Council or if, before the expiry of that period, the European Parliament and the Council
        have both informed the Commission that they will not object. That period shall be
        extended by three months at the initiative of the European Parliament or of the Council.
                                              Article 93
                                        Committee procedure
1.      The Commission shall be assisted by a committee. That committee shall be a committee
        within the meaning of Regulation (EU) No 182/2011.
2.      Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall
        apply.
3.      Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in
        conjunction with Article 5 thereof, shall apply.
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                                                DGD 2                                           EN
 ---pagebreak---                                           CHAPTER XI
                                    FINAL PROVISIONS
                                               Article 94
                                     Repeal of Directive 95/46/EC
1.       Directive 95/46/EC is repealed with effect from … [two years from the date of entry into
         force of this Regulation].
2.       References to the repealed Directive shall be construed as references to this Regulation.
         References to the Working Party on the Protection of Individuals with regard to the
         Processing of Personal Data established by Article 29 of Directive 95/46/EC shall be
         construed as references to the European Data Protection Board established by this
         Regulation.
                                               Article 95
                               Relationship with Directive 2002/58/EC
This Regulation shall not impose additional obligations on natural or legal persons in relation to
processing in connection with the provision of publicly available electronic communications
services in public communication networks in the Union in relation to matters for which they are
subject to specific obligations with the same objective set out in Directive 2002/58/EC.
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 ---pagebreak---                                                Article 96
                          Relationship with previously concluded Agreements
International agreements involving the transfer of personal data to third countries or international
organisations which were concluded by Member States prior to … [the date of entry into force of
this Regulation], and which are in accordance with Union law applicable prior to … [the date of
entry into force of this Regulation], shall remain in force until amended, replaced or revoked.
                                               Article 97
                                          Commission reports
1.       By … [4 years after the date of entry into force of this Regulation] and every four years
         thereafter, the Commission shall submit a report on the evaluation and review of this
         Regulation to the European Parliament and to the Council. The reports shall be made
         public.
2.       In the context of the evaluations and reviews referred to in paragraph 1, the Commission
         shall examine, in particular, the application and functioning of:
         (a)    Chapter V on the transfer of personal data to third countries or international
                organisations with particular regard to decisions adopted pursuant to Article 45(3) of
                this Regulation and decisions adopted on the basis of Article 25(6) of
                Directive 95/46/EC;
         (b)    Chapter VII on cooperation and consistency.
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                                                 DGD 2                                            EN
 ---pagebreak--- 3.        For the purpose of paragraph 1, the Commission may request information from
          Member States and supervisory authorities.
4.        In carrying out the evaluations and reviews referred to in paragraphs 1 and 2, the
          Commission shall take into account the positions and findings of the European Parliament,
          of the Council, and of other relevant bodies or sources.
5.        The Commission shall, if necessary, submit appropriate proposals to amend this
          Regulation, in particular taking into account of developments in information technology
          and in the light of the state of progress in the information society.
                                                 Article 98
                          Review of other Union legal acts on data protection
The Commission shall, if appropriate, submit legislative proposals with a view to amending other
Union legal acts on the protection of personal data, in order to ensure uniform and consistent
protection of natural persons with regard to processing. This shall in particular concern the rules
relating to the protection of natural persons with regard to processing by Union institutions, bodies,
offices and agencies and on the free movement of such data.
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 ---pagebreak---                                                 Article 99
                                    Entry into force and application
1.       This Regulation shall enter into force on the twentieth day following that of its publication
         in the Official Journal of the European Union.
2.       It shall apply from … [two years from the date of entry into force of this Regulation].
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,
For the European Parliament                                  For the Council
The President                                                The President
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                                                 DGD 2                                            EN