Data protection

General Data Protection Regulation of EU

Regulation (EU) 2016/679

Edition: 23.5.2018

The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states to harmonize data privacy laws across Europe

What is it?

This Regulation does not apply to the processing of personal data

‘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;

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.

This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.

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.

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.

Table of Contents

Chapter 1
General provisions
Article 1
Subject-matter and objectives
Article 2
Material scope
Article 3
Territorial scope
Article 4
Definitions

Chapter 2
Principles
Article 5
Principles relating to processing of personal data
Article 6
Lawfulness of processing
Article 7
Conditions for consent
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

Chapter 3
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
Section 2
Information and access to personal data
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
Section 3
Rectification and erasure
Article 16
Right to rectification
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 20
Right to data portability
Section 4
Right to object and automated individual decision-making
Article 21
Right to object
Article 22
Automated individual decision-making, including profiling
Section 5
Restrictions
Article 23
Restrictions

Chapter 4
Controller and processor
Section 1
General obligations
Article 24
Responsibility of the controller
Article 25
Data protection by design and by default
Article 26
Joint controllers
Article 27
Representatives of controllers or processors not established in the Union
Article 28
Processor
Article 29
Processing under the authority of the controller or processor
Article 30
Records of processing activities
Article 31
Cooperation with the supervisory authority
Section 2
Security of personal data
Article 32
Security of processing
Article 33
Notification of a personal data breach to the supervisory authority
Article 34
Communication of a personal data breach to the data subject
Section 3
Data protection impact assessment and prior consultation
Article 35
Data protection impact assessment
Article 36
Prior consultation
Section 4
Data protection officer
Article 37
Designation of the data protection officer
Article 38
Position of the data protection officer
Article 39
Tasks of the data protection officer
Section 5
Codes of conduct and certification
Article 40
Codes of conduct
Article 41
Monitoring of approved codes of conduct
Article 42
Certification
Article 43
Certification bodies

Chapter 5
Transfers of personal data to third countries or international organisations
Article 44
General principle for transfers
Article 45
Transfers on the basis of an adequacy decision
Article 46
Transfers subject to appropriate safeguards
Article 47
Binding corporate rules
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

Chapter 6
Independent supervisory authorities
Section 1
Independent status
Article 51
Supervisory authority
Article 52
Independence
Article 53
General conditions for the members of the supervisory authority
Article 54
Rules on the establishment of the supervisory authority
Section 2
Competence, tasks and powers
Article 55
Competence
Article 56
Competence of the lead supervisory authority
Article 57
Tasks
Article 58
Powers
Article 59
Activity reports

Chapter 7
Cooperation and consistency
Section 1
Cooperation
Article 60
Cooperation between the lead supervisory authority and the other supervisory authorities concerned
Article 61
Mutual assistance
Article 62
Joint operations of supervisory authorities
Section 2
Consistency
Article 63
Consistency mechanism
Article 64
Opinion of the Board
Article 65
Dispute resolution by the Board
Article 66
Urgency procedure
Article 67
Exchange of information
Section 3
European data protection board
Article 68
European Data Protection Board
Article 69
Independence
Article 70
Tasks of the Board
Article 71
Reports
Article 72
Procedure
Article 73
Chair
Article 74
Tasks of the Chair
Article 75
Secretariat
Article 76
Confidentiality

Chapter 8
Remedies, liability and penalties
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 81
Suspension of proceedings
Article 82
Right to compensation and liability
Article 83
General conditions for imposing administrative fines
Article 84
Penalties

Chapter 9
Provisions relating to specific processing situations
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 90
Obligations of secrecy
Article 91
Existing data protection rules of churches and religious associations

Chapter 10
Delegated acts and implementing acts
Article 92
Exercise of the delegation
Article 93
Committee procedure
Chapter 11
Final provisions
Article 94
Repeal of Directive 95/46/EC
Article 95
Relationship with Directive 2002/58/EC
Article 96
Relationship with previously concluded Agreements
Article 97
Commission reports
Article 98
Review of other Union legal acts on data protection
Article 99
Entry into force and application