The General Data Protection Regulation (GDPR), the Data Protection Law Enforcement Directive and other rules concerning the protection of personal data International dimension of data protection International data protection agreements, EU-US privacy shield, transfer of passenger name record data. 3(2) provides that the GDPR also applies to the processing of personal data of data subj… 6(1) GDPR. Home » Legislation » GDPR » Article 6 Article 6 – Lawfulness of processing 1 Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Right to erasure (‘right to be forgotten’), Article 18. Monitoring of approved codes of conduct, Article 44. Article 49 EU GDPR "Derogations for specific situations" => Recital: 111, 112, 113, 114, 115, 116 => administrative fine: Art. 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. The European Data Protection Board welcomes comments on the Guidelines 2/2019 on on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects. Processing which does not require identification, Article 12. Notification of a personal data breach to the supervisory authority, Article 34. 2. Processing of special categories of personal data, Article 10. Right to restriction of processing, Article 19. The GDPR's primary aim is to give control to individuals over their personal data … The controller has violated Art. 10707 Berlin, Germany You might even have attempted to read the source European Parliament on General Data Protection Regulation 4.5.2016 L 119/1 only to find that the human nervous system was designed to violently reject exposure to such dense legalese.. 83 (5) lit c 1. Responsibility of the controller, Article 25. 94 - 99), London Office activeMind.legal 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. 6(4) (insufficient legal basis) GDPR to a candidate to local elections for the further use of personal data initially collected as part of its membership to a Whatsapp group to send materials in relation to his electoral campaign; 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. OJ L 127, 23.5.2018 as a neatly arranged website. 1 Although this is the first draft of this law, it builds on existing regulations to create a structure that is similar to the European Union's General Data Protection Regulation (GDPR). Article 6 - Lawfulness of processing - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. Communication of a personal data breach to the data subject, Article 35. 6 ust. Processing in the context of employment, Article 89. Automated individual decision-making, including profiling, Article 24. Exercise of the delegation Article 93. 28(3) is punishable by fine, but an addressee of the obligation is missing from the clause. No single basis is ’better’ or more important than the others – which basis is most appropriate to use will depend on your purpose and relationship with the individual. The GDPR is a broad legislation and also provides for the rules to apply to the processing of personal data in a context such as the one relating to COVID-19. 12 - 23), Section 2 – Information and access to personal data, Section 4 – Right to object and automated individual decision-making, CHAPTER IV – Controller and processor (Art. English (GB) Português. Tasks of the data protection officer, Article 41. Phone: +49 (0) 89 / 919 29 49 00, Berlin Office General principle for transfers, Article 45. Entry into force and application. project. Article 25 EU GDPR "Data protection by design and by default" => Article: 5 => Recital: 78 => administrative fine: Art. the data subject has given consent to the processing of his or her personal data for one or more specific purposes; 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; processing is necessary for compliance with a legal obligation to which the controller is subject; processing is necessary in order to protect the vital interests of the data subject or of another natural person; 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; 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. In this context, the Working Party also supports the principled approach chosen in the Proposed Regulation of broad prohibitions and narrow exceptions and believes that the introduction of open-ended exceptions along the lines of Article 6 GDPR, and in particular Art. The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by: (b)    Member State law to which the controller is subject. 92 - 93), CHAPTER XI – Final provisions (Art. 8 GDPR – Conditions applicable to child’s consent in relation to information society services Joint operations of supervisory authorities, Article 65. a reprimand for violation of Art. PART 6. 83 (4) lit a => Dossier: Processing On Behalf, Processing On Behalf (Controller), Obligation 1. To avoid circumvention of the GDPR, Art. 6(f) GDPR (legitimate interest … In addition, the respective terms and conditions of participation in the competitions shall apply. Technology allows both pr ivate companies and public author ities to make use of personal data on an unprecedented scale in … On October 21, 2020, China published a draft of its Personal Information Protection Law (个人信息保护法, the Draft PIPL), and invited public comment through November 19. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data. 2 An English … There are six available lawful bases for processing. Processing and public access to official documents, Article 87. General conditions for imposing administrative fines, Article 85. Conditions applicable to child's consent in relation to information society services, Article 9. The free movement of … Continue reading Art. 6 (1) lit. Right of access by the data subject, Article 17. Art. 13 – 15) Information and access to personal data Welcome to gdpr-info.eu. The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). Transfers of personal data to third countries or international organisations, Provisions relating to specific processing situations, Share this Phone: +49 (0) 30 / 770 19 10 70, © 2016 - 2021 activeMind.legal - powered by neudenken & KLEINWERKSTATT, information regarding the processing of my data, Article 1 – Subject-matter and objectives, Article 5 – Principles relating to processing of personal data, Article 8 – Conditions applicable to child’s consent in relation to information society services, Article 9 – Processing of special categories of personal data, Article 10 – Processing of personal data relating to criminal convictions and offences, Article 11 – Processing which does not require identification, Article 12 – Transparent information, communication and modalities for the exercise of the rights of the data subject, Article 13 – Information to be provided where personal data are collected from the data subject, Article 14 – Information to be provided where personal data have not been obtained from the data subject, Article 15 – Right of access by the data subject, Article 17 – Right to erasure (‘right to be forgotten’), Article 18 – Right to restriction of processing, Article 19 – Notification obligation regarding rectification or erasure of personal data or restriction of processing, Article 22 – Automated individual decision-making, including profiling, Article 24 – Responsibility of the controller, Article 25 – Data protection by design and by default, Article 27 – Representatives of controllers or processors not established in the Union, Article 29 – Processing under the authority of the controller or processor, Article 30 – Records of processing activities, Article 31 – Cooperation with the supervisory authority, Article 33 – Notification of a personal data breach to the supervisory authority, Article 34 – Communication of a personal data breach to the data subject, Article 35 – Data protection impact assessment, Article 37 – Designation of the data protection officer, Article 38 – Position of the data protection officer, Article 39 – Tasks of the data protection officer, Article 41 – Monitoring of approved codes of conduct, Article 44 – General principle for transfers, Article 45 – Transfers on the basis of an adequacy decision, Article 46 – Transfers subject to appropriate safeguards, Article 48 – Transfers or disclosures not authorised by Union law, Article 49 – Derogations for specific situations, Article 50 – International cooperation for the protection of personal data, Article 53 – General conditions for the members of the supervisory authority, Article 54 – Rules on the establishment of the supervisory authority, Article 56 – Competence of the lead supervisory authority, Article 60 – Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Article 62 – Joint operations of supervisory authorities, Article 65 – Dispute resolution by the Board, Article 68 – European Data Protection Board, Article 77 – Right to lodge a complaint with a supervisory authority, Article 78 – Right to an effective judicial remedy against a supervisory authority, Article 79 – Right to an effective judicial remedy against a controller or processor, Article 80 – Representation of data subjects, Article 82 – Right to compensation and liability, Article 83 – General conditions for imposing administrative fines, Article 85 – Processing and freedom of expression and information, Article 86 – Processing and public access to official documents, Article 87 – Processing of the national identification number, Article 88 – Processing in the context of employment, Article 89 – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Article 91 – Existing data protection rules of churches and religious association, Article 94 – Repeal of Directive 95/46/EC, Article 95 – Relationship with Directive 2002/58/EC, Article 96 – Relationship with previously concluded Agreements, Article 98 – Review of other Union legal acts on data protection, Article 99 – Entry into force and application, Comparison of the GDPR and the data protection laws of EU Member States, EU General Data Protection Regulation (full text), German Federal Data Protection Act (full text). 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. 51 - 59), CHAPTER VII – Cooperation and consistency (Art. Committee procedure CHAPTER XI Final provisions Art 94 - 99 Article 94. Representation of data subjects, Article 82. Rules on the establishment of the supervisory authority, Article 56. 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. Processing of the national identification number, Article 88. Repeal of Directive 95/46/EC Article 95. Article 5. 83 (4) lit a 1. a GDPR. 3. 4. 5 GDPR – Principles relating to processing of personal data Art. a Rozporządzenia Parlamentu Europejskiego i Rady (UE) 2016/679 z dnia 27 kwietnia 2016 r. w sprawie ochrony osób fizycznych w związku z przetwarzaniem danych osobowych i w sprawie … 60 - 76), Section 3 – European data protection board, CHAPTER VIII – Remedies, liability and penalties (Art. The concept of “legitimate interest” and the associated balancing of interests are regulated under Art. activeMind.legal Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement … Derogations for specific situations, Article 50. International cooperation for the protection of personal data, Article 53. 44 - 50), CHAPTER VI – Independent supervisory authorities (Art. a and c as well as Art. 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: any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; 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; the possible consequences of the intended further processing for data subjects; the existence of appropriate safeguards, which may include encryption or pseudonymisation. Transfers subject to appropriate safeguards, Article 48. Article 28 EU GDPR "Processor" => Article: 4 => Recital: 81 => administrative fine: Art. 6 GDPR – Lawfulness of processing Art. 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; (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. Although the GDPR has a limited set of obligations for processors, also processor should take organizational and technical measures to ensure compliance that do apply to processors. 85 - 91), CHAPTER X – Delegated acts and implementing acts (Art. Representatives of controllers or processors not established in the Union, Article 29. Polski . activeMind.legal UK Ltd. The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or processor in the EU, regardless of whether the processing takes place in the EU. Kurfürstendamm 56 EU GDPR Chapter 2 Article 6 Article 6 – Lawfulness of processing Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; 1 GDPR … At a glance. 1 - 4), CHAPTER III – Rights of the data subject (Art. 12) Transparency and modalities; Article 12 – Transparent information, communication and modalities for the exercise of the rights of the data subject; Section 2 (Art. Français. Position of the data protection officer, Article 39. 2 Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks. 50 GDPR – International cooperation for the protection of personal data; Chapter 6 (Art. Section 1Independent status Article 51Supervisory authority Article 52Independence Article 53General conditions for the members of the supervisory authority Article 54Rules on the establishment of the supervisory authority Section 2Competence, tasks and powers Article 55Competence Article 56Competence of the lead … 24 - 43), Section 3 – Data protection impact assessment and prior consultation, Section 5 – Codes of conduct and certification, CHAPTER V – Transfers of personal data to third countries or international organisations (Art. 83 (4) lit a => Dossier: Records of processing activities 1. 1. General conditions for the members of the supervisory authority, Article 54. The GDPR sets a high standard for ‘consent’ that, if relied on as a legal basis for processing under Art. Where processing is carried out for the purpose set out under Art. 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 … Continue reading Art. Transfers or disclosures not authorised by Union law, Article 49. Potsdamer Straße 3 The legal basis for the permissibility of these advertising measures are Art. Right to an effective judicial remedy against a supervisory authority, Article 79. 7 GDPR – Conditions for consent Art. f GDPR. 20 Little Britain 6 GDPR Lawfulness of processing Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks. Processing under the authority of the controller or processor, Article 30. THE TRIAL 31 Article 62 Place of trial 31 Article 63 Trial in the presence of the accused 31 Article 64 Functions and powers of the Trial Chamber 31 Article 65 Proceedings on an admission of guilt 32 Article 66 Presumption of innocence 32 Article 67 Rights of the accused 33 Article 68 Protection of the victims and … 12 – 23) Rights of the data subject; Section 1 (Art. Information to be provided where personal data are collected from the data subject, Article 14. The European Data Protection Regulation is … 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 … Data protection by design and by default, Article 27. Transfers on the basis of an adequacy decision, Article 46. Art. Art. Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Article 91. Processing of personal data relating to criminal convictions and offences, Article 11. Relationship with previously concluded Agreements, Article 98. Review of other Union legal acts on data protection, Article 99. 6 GDPR Lawfulness of processing 1 Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific … 5 para. 1 lit. Cooperation with the supervisory authority, Article 33. a of the GDPR, must be freely given, specific, informed and unambiguous. Existing data protection rules of churches and religious associations, Article 95. 1 p. 1 lit. European Data Protection Board, Article 77. 6 para. Due to these administrative offences, the Limited Liability Company as a controller is imposed administrative fines to the total amount of € … 4 The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued. You must have a valid lawful basis in order to process personal data. 3 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. Each controller and, where applicable, the controller's representative, shall maintain a record of processing activities under its responsibility. 6) Non-compliance with art. Art. Right to an effective judicial remedy against a controller or processor, Article 80. (6) Rapid technological developments and globalisation have brought new challenges for the protection of personal data. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. CHAPTER X Delegated acts and implementing acts Art 92 - 93 Article 92. The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued. London, EC1A7DH 6(1)(f) GDPR, the following safeguards must be available: 52 GDPR – Independence; Art. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. 6 (f) GDPR. 5(1)(b) (purpose limitation) and Art. Member State law to which the controller is subject. Article 30 EU GDPR "Records of processing activities" => Recital: 13, 39, 82 => administrative fine: Art. Which is why we’ve translated every chapter and article of the GDPR … Competence of the lead supervisory authority, Article 60. Processing national identification numbers can be carried out in accordance with Art. Wyrażam zgodę na przetwarzanie moich danych osobowych w celu rekrutacji zgodnie z art. Art. 51-59) Independent supervisory authorities. 3(1)of the GDPR contains the main provision for the application of the GDPR. Such comments should be sent to EDPB@edpb.europa.eu by 24/05/2019 at the latest.. To reply, … 2 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. 53 GDPR – General conditions for the members of the supervisory authority 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. 6. Objection or revocation against the processing of your data Data protection impact assessment, Article 37. Right to compensation and liability, Article 83. Registered #11814518 Processing and freedom of expression and information, Article 86. Sprinklr sees no relevant changes in the legal foundation of such data processing operations. 1 lit. 77 - 84), CHAPTER IX – Provisions relating to specific processing situations (Art. Notification obligation regarding rectification or erasure of personal data or restriction of processing, Article 22. Phone: +44 (0) 203 478 1400, Munich Office 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. Records of processing activities, Article 31. Chapter 3 (Art. Rechtsanwaltsgesellschaft m. b. H CHAPTER I – General provisions (Art. Dispute resolution by the Board, Article 68. Designation of the data protection officer, Article 38. Right to lodge a complaint with a supervisory authority, Article 78. 1 of the General Data Protection Regulation (GDPR) and several provisions of the Austrian Data Protection Act (DSG). Transparent information, communication and modalities for the exercise of the rights of the data subject, Article 13. Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Article 62. Principles relating to processing of personal data, Article 8. 6 sec. 80802 München, Germany 32 GDPR … Indeed, the GDPR provides for the legal grounds to enable the employers and the competent public health authorities to process personal data in the … Do you need support in implementing data protection requirements in your company? All Articles of the GDPR are linked with suitable recitals. Rechtsanwaltsgesellschaft m. b. H That record shall contain all … It also addresses the transfer of personal data outside the EU and EEA areas. The scale of the collection and shar ing of personal data has increased significantly. Information to be provided where personal data have not been obtained from the data subject, Article 15. General Data Protection Regulation (GDPR) Art. Relationship with Directive 2002/58/EC, Article 96. 51 GDPR – Supervisory authority; Art. 1 p. lit. The legal foundation is Art. 6 GDPR – Lawfulness of processing | General Data Protection Regulation (GDPR) Art. 6 sec.