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’);
(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).
(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


an 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;
(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 spe

Article 6 - Lawfulness of processing


duce 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.
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 objecti

Article 6 - Lawfulness of processing


s, 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.
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.

Article 6 - Lawfulness of processing


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.

Article 6 - Lawfulness of processing


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 as to give consent.
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.

Article 7 - Conditions for consent


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.


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;
(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 politica


e 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;
(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 t


r 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;
(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 propor
tionate 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.
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


nder 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.


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.


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.
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


he 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.
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 A


or excessive character of the request.
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
Infor mation 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;
(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 b


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;
(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


, 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.
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, where applicable, 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, if any;
(f) where applicable, that the controller intends to transfer personal data to a recipient in a third country or internat
ional 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.
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 th


nal 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.
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 us


riod 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;
(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 i


r 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.


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;
(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 th


ences 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.
Section 3
Rectif ication 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 16 - Right to rectification


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;
(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 subj


count 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;
(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;
(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 Article 16, Article 17(1) and Article 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.


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.
Section 4
Right to object and automated individual decision-making

Article 20 - Right to data portability


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 point (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.
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 scientifi

Article 21 - Right to object


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 21 - Right to object


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.
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) applies and suitable measures to safeguard the data subject's rights and
freedoms and legitimate interests are in place.
Section 5
Restr ictions


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;
(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) to (e) and (g);
(i)  the protection of the data subject or the rights and freedoms of others;
(j)  the enf

Article 23 - Restrictions


en occasionally, to the exercise of official authority in
the cases referred to in points (a) to (e) and (g);
(i)  the protection of the data subject or the rights and freedoms of others;
(j)  the enforcement of civil law claims.
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.

Article 23 - Restrictions


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.


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.


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 26 - Joint 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.
2. The obligation laid down in paragraph 1 of this Article 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 the Member States where the data subjects, whose personal data
are processed in relation to the offering of goods or services to them, or whose behaviour is monitored, are.
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.


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 proc

Article 28 - Processor


ard 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;
(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;
(h)  makes available to the controller all in

Article 28 - Processor


d of the provision
of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of
the personal data;
(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 conduc

Article 28 - Processor


tion 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.
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

Article 28 - Processor


n 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 28 - Processor


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.


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 representa
tive 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 identifi
cation 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 suitable 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).
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


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 identifi
cation 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 suitable 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.
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


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
Secur ity of personal dat a


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;
(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

Article 32 - Security of processing


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.

Article 32 - Security of processing


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.
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 a


s.
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 measures referred to 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 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;
(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 pers


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 pr ior 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.
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 p


n 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.
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, incl


erations 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.
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 carr


ready 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.


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 proces

Article 36 - Prior consultation


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;
(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 author
isation 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.
Section 4
Dat a protection off icer

Article 36 - Prior consultation


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.
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 b


aw 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.
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.


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.
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 cer tif ication


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;
(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 reso

Article 40 - Codes of conduct


unication 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.
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 pu

Article 40 - Codes of conduct


e 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.
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 of this Article,
provide

Article 40 - Codes of conduct


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 of this Article,
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 of this Article 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.
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 40 - Codes of conduct


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;
(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 mechani


rests.
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 of this Article 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.


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.
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

Article 42 - Certification


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 certifi
cation 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 certifica

Article 42 - Certification


ification 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.

Article 42 - Certification


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 that paragraph 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 accredi
tation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008,
p. 30).
(b)  undertaken to respect the criteria referred t

Article 43 - Certification bodies


accredi
tation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008,
p. 30).
(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 of this Article 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.
4. The certification bodies referred to in

Article 43 - Certification bodies


hall complement those envisaged in Regulation (EC) No 765/2008 and the technical rules that describe
the methods and procedures of the certification bodies.
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

Article 43 - Certification bodies


etent 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).
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).

Article 43 - Certification bodies


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 internat
ional 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.

Transfers of personal data to third countries or international organisations


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;
(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 prote