EU General Data Protection Regulation

The EU General Data Protection Regulation (GDPR), which came into force in May 2016, becomes binding law for all member states as of 25 May 2018. The articles of the ordinance are available here.

 

CHAPTER I

GENERAL PROVISIONS

Article 1 Subject matter and objectives

Article 2 Material scope

Article 3 Territorial scope

Article 4 Definitions

 

 

CHAPTER II

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 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

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 IV

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 V

TRANSFER 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 VI

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 VII

COOPERATION AND CONSISTENCY

SECTION 1

COOPERATION

Article 60 Cooperation between the lead supervisory authority and 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 VIII

REMEDIES, LIABILITY AND SANCTIONS

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 IX

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 X

DELEGATED ACTS AND IMPLEMENTING ACTS

Article 92 Exercise of the delegation

Article 93 Committee procedure

 

CHAPTER XI

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

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