‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union; ‘information society service’ means a service as defined in point (b) of Article 1(1) of. It also addresses the transfer of personal data outside the EU and EEA areas. 9 GDPR – Processing of special categories of personal data, Art. 80 GDPR – Representation of data subjects, Art. 78 GDPR – Right to an effective judicial remedy against a supervisory authority, Art. 29 GDPR – Processing under the authority of the controller or processor, Art. ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity; ‘group of undertakings’ means a controlling undertaking and its controlled undertakings; ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity; ‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to. Nothing found in this portal constitutes legal advice. ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries. Article 21: Right to object; Article 22 : Automated individual decision-making, including profiling; Section 5 : … Fogalommeghatározások E rendelet alkalmazásában: 1. „személyes adat” : azonosított vagy azonosítható természetes személyre („érintett”) vonatkozó bármely információ; azonosítható az a természetes személy, aki közvetlen vagy közvetett módon, különösen valamely azonosító, például név, szám, helymeghatározó adat, … (37) Enterprise group. The europa.eu webpage concerning GDPR can be found here. a complaint has been lodged with that supervisory authority; processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or. For the purposes of this Regulation: ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier … 17 GDPR – Right to erasure (‘right to be forgotten’), Art. If you continue to use this site we will assume that you are happy with it. 50 GDPR – International cooperation for the protection of personal data, Art. Profiling has to involve some form of automated processing – although human involvement does not necessarily take the activity out of the definition. GDPR.org is a resource for information on the General Data Protection Regulation. (29) Pseudonymisation at the same controller 24 GDPR – Responsibility of the controller, Art. Article 4 GDPR. 34 GDPR – Communication of a personal data breach to the data subject, Art. 45 GDPR – Transfers on the basis of an adequacy decision, Art. 38 GDPR – Position of the data protection officer, Art. Article 19 : Notification obligation regarding rectification or erasure of personal data or restriction of processing; Article 20 : Right to data portability; Section 4 : Right to object and automated individual decision-making. 46 GDPR – Transfers subject to appropriate safeguards, Art. (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. 44 GDPR – General principle for transfers, Art. This is not an official EU Commission or Government resource. The General Data Protection Regulation (GDPR), the Data Protection Law Enforcement Directive and other rules concerning the protection of personal data. 27 GDPR – Representatives of controllers or processors not established in the Union, Art. 22 GDPR – Automated individual decision-making, including profiling, Art. International dimension of data protection. 98 GDPR – Review of other Union legal acts on data protection, Art. 14 GDPR – Information to be provided where personal data have not been obtained from the data subject, Art. (35) Health data 13 GDPR – Information to be provided where personal data are collected from the data subject, Art. 4. cikk. 92 GDPR – Exercise of the delegation, Art. The site is administered by PrivacyTrust. 33 GDPR – Notification of a personal data breach to the supervisory authority, Art. Article 4 - Definitions - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. O… (34) Genetic data In addition to the definitions provided in Article 4 GDPR, legal definitions are provided in Article 5 GDPR : ‘lawfulness, fairness and transparency’, ‘purpose limitation’, ‘data minimisation’, ‘accuracy’, storage limitation’, ‘integrity … The principle of accountability requires you to be able to demonstrate that you are complying with the GDPR, and have appropriate policies and processes. (28) Introduction of pseudonymisation O… 37 GDPR – Designation of the data protection officer, Art. Avsnitt 3 – Konsekvensbedömning avseende Dataskydd samt Föregående Samråd (31) Not applicable to public authorities in connection with their official tasks The GDPR's primary aim is to give control to individuals over their … 1 GDPR – Subject-matter and objectives, Art. 95 GDPR – Relationship with Directive 2002/58/EC, Art. Art. It is also a site to encourage data privacy best practice and transparency. Article 3 Champ d'application territorial Article 3 CHAPITRE 2 Principes CHAPITRE 2 This page is a part of Regulation (EU) 2016/679 (General Data Protection Regulation) of the European Parliament and of the Council of 27 April 2016 in the current version of the OJ L 119, 4.5.2016. GDPR Article 4 Paragraph 7 has its main establishment ‘main establishment’ means: (a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment … How should we document our lawful basis? 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 … 31 GDPR - Cooperation with the supervisory authority. 68 GDPR – European Data Protection Board, Art. See a summary of the articles of the GDPR here. Relevant provisions in the GDPR - See Article 6(4), Article 5(1)(b) and Recital 50, Recital 61. (30) Online identifiers for profiling and identification 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Art. 2However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing; ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data; ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her; ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed; ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question; ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data; ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status; as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment; as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation; ‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to. Such comments should be sent by January 16th 2020 at 23:59 at the latest using the provided form.. 4 GDPR Definitions. (4) The processing of personal data should be designed to serve mankind. 30 GDPR – Records of processing activities, Art. We use cookies to ensure that we give you the best experience on our website. Chapter 1 summary of GDPR Article 4 defining key terms used throughout the GDPR. 1. Please note that, by submitting your comments, you acknowledge … EU GDPR Chapter 2 Article 6 Article 6 – Lawfulness of processing Processing shall be lawful only if and to the extent that at least one of the following applies: Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. 79 GDPR – Right to an effective judicial remedy against a controller or processor, Art. 31 GDPR – Cooperation with the supervisory authority, Art. © 2020 Proton Technologies AG. ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries. 98 GDPR - Review of other Union legal acts on data protection, Art. Data Processing Agreement Art. 5 GDPR – Principles relating to processing of personal data, Art. 11 GDPR – Processing which does not require identification, Art. 4 The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued. Privacy Policy. processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State. 82 GDPR – Right to compensation and liability, Art. processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State. 48 GDPR – Transfers or disclosures not authorised by Union law, Art. 62 GDPR – Joint operations of supervisory authorities, Art. Im Sinne dieser Verordnung bezeichnet der Ausdruck: „personenbezogene Daten“ alle Informationen, die sich auf eine identifizierte oder identifizierbare natürliche Person (im Folgenden „betroffene Person“) beziehen; als identifizierbar wird eine natürliche Person angesehen, die direkt oder indirekt, insbesondere mittels … 39 GDPR – Tasks of the data protection officer, Art. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject, Art. 87 GDPR – Processing of the national identification number, Art. 35 GDPR – Data protection impact assessment, Art. GDPR compliance is easier with encrypted email. (Endorsedby the EDPB) The General Data Protection Regulation (the GDPR) introduces the requirement for a personal data breach (henceforth “breach”) to be notified to the competent national supervisory authority (or in the case of a cross-border breach, to the lead authority) and, in certain cases, to communicate the breach to the individuals whose personal data have been affected by the breach. ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity; ‘group of undertakings’ means a controlling undertaking and its controlled undertakings; ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity; ‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to. 56 GDPR – Competence of the lead supervisory authority, Art. 41 GDPR – Monitoring of approved codes of conduct, Art. Since biometric data is the result of such measurements, the GDPR states in its Article 4.14 that it is “resulting from specific technical processing relating to the physical, physiological or behavioural characteristics”.The video footage of an individual cannot however in itself be considered as biometric data under Article … The GDPR superseded the UK Data Protection Act 1998 on 25 May 2018. Article 4(4) refers to ‘any form of automated processing’ rather than ‘solely’ automated processing (referred to in Article 22). 25 GDPR – Data protection by design and by default, Art. GDPR.EU is a website operated by Proton Technologies AG, which is co-funded by Project REP-791727-1 of the Horizon 2020 Framework Programme of the European Union. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. 8 GDPR – Conditions applicable to child’s consent in relation to information society services, Art. GDPR.eu is co-funded by the Horizon 2020 Framework Programme of the European Union and operated by Proton Technologies AG. 91 GDPR – Existing data protection rules of churches and religious associations, Art. General Data Protection Regulation (GDPR), Transfers of personal data to third countries or international organisations, Provisions relating to specific processing situations, (15) Technology neutrality Modifié par Rectificatif au règlement (UE) 2016/679 du Parlement européen et du Conseil du 27 avril 2016 relatif à la protection des personnes physiques à l’égard du traitement des données à caractère personnel et à la libre circulation de ces données, et abrogeant la directive 95/46/CE (règlement général … 10 GDPR – Processing of personal data relating to criminal convictions and offences, Art. We've strived to explain each Article in the most clear and simple way so you can get a basic understanding of what the Article dictates … Article 17 - Right to erasure ('right to be forgotten') (65, 66) Article 18 - Right to restriction of processing Article 19 - Notification obligation regarding rectification or erasure of personal data or restriction of processing Article 20 - Right to data portability Section 4 - Right to object and automated individual decision-making 54 GDPR – Rules on the establishment of the supervisory authority, Art. 53 GDPR – General conditions for the members of the supervisory authority, Art. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future; ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements; ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person; ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis; ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law; ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; 1‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future; ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements; ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person; ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis; ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law; ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data; ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her; ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed; ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question; ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data; ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status; as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment; as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation; 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