interactive GDPR 2016/0679 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- Article 1 Subject-matter and objectives
- Article 2 Material scope
- Article 3 Territorial scope
- Article 4 Definitions
- Article 5 Principles relating to processing of personal data
- Article 6 Lawfulness of processing
- Article 7 Conditions for consent
- Article 8 Conditions applicable to child's consent in relation to information society services
- Article 9 Processing of special categories of personal data
- Article 10 Processing of personal data relating to criminal convictions and offences
- Article 11 Processing which does not require identification
- Article 12 Transparent information, communication and modalities for the exercise of the rights of the data subject
- Article 13 Information to be provided where personal data are collected from the data subject
- Article 14 Information to be provided where personal data have not been obtained from the data subject
- Article 15 Right of access by the data subject
- Article 16 Right to rectification
- Article 17 Right to erasure (‘right to be forgotten’)
- Article 18 Right to restriction of processing
- Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing
- Article 20 Right to data portability
- Article 21 Right to object
- Article 22 Automated individual decision-making, including profiling
- Article 23 Restrictions
- Article 24 Responsibility of the controller
- Article 25 Data protection by design and by default
- Article 26 Joint controllers
- Article 27 Representatives of controllers or processors not established in the Union
- Article 28 Processor
- Article 29 Processing under the authority of the controller or processor
- Article 30 Records of processing activities
- Article 31 Cooperation with the supervisory authority
- Article 32 Security of processing
- Article 33 Notification of a personal data breach to the supervisory authority
- Article 34 Communication of a personal data breach to the data subject
- Article 35 Data protection impact assessment
- Article 36 Prior consultation
- Article 37 Designation of the data protection officer
- Article 38 Position of the data protection officer
- Article 39 Tasks of the data protection officer
- Article 40 Codes of conduct
- Article 41 Monitoring of approved codes of conduct
- Article 42 Certification
- Article 43 Certification bodies
- Article 44 General principle for transfers
- Article 45 Transfers on the basis of an adequacy decision
- Article 46 Transfers subject to appropriate safeguards
- Article 47 Binding corporate rules
- Article 48 Transfers or disclosures not authorised by Union law
- Article 49 Derogations for specific situations
- Article 50 International cooperation for the protection of personal data
- Article 51 Supervisory authority
- Article 52 Independence
- Article 53 General conditions for the members of the supervisory authority
- Article 54 Rules on the establishment of the supervisory authority
- Article 55 Competence
- Article 56 Competence of the lead supervisory authority
- Article 57 Tasks
- Article 58 Powers
- Article 59 Activity reports
- Article 60 Cooperation between the lead supervisory authority and the other supervisory authorities concerned
- Article 61 Mutual assistance
- Article 62 Joint operations of supervisory authorities
- Article 63 Consistency mechanism
- Article 64 Opinion of the Board
- Article 65 Dispute resolution by the Board
- Article 66 Urgency procedure
- Article 67 Exchange of information
- Article 68 European Data Protection Board
- Article 69 Independence
- Article 70 Tasks of the Board
- Article 71 Reports
- Article 72 Procedure
- Article 73 Chair
- Article 74 Tasks of the Chair
- Article 75 Secretariat
- Article 76 Confidentiality
- Article 77 Right to lodge a complaint with a supervisory authority
- Article 78 Right to an effective judicial remedy against a supervisory authority
- Article 79 Right to an effective judicial remedy against a controller or processor
- Article 80 Representation of data subjects
- Article 81 Suspension of proceedings
- Article 82 Right to compensation and liability
- Article 83 General conditions for imposing administrative fines
- Article 84 Penalties
- Article 85 Processing and freedom of expression and information
- Article 86 Processing and public access to official documents
- Article 87 Processing of the national identification number
- Article 88 Processing in the context of employment
- Article 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
- Article 90 Obligations of secrecy
- Article 91 Existing data protection rules of churches and religious associations
- Article 92 Exercise of the delegation
- Article 93 Committee procedure
- Article 94 Repeal of Directive 95/46/EC
- Article 95 Relationship with Directive 2002/58/EC
- Article 96 Relationship with previously concluded Agreements
- Article 97 Commission reports
- Article 98 Review of other Union legal acts on data protection
- Article 99 Entry into force and application
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- personal data
- processing
- restriction of processing
- profiling
- pseudonymisation
- filing system
- controller
- processor
- recipient
- third party
- consent
- personal data breach
- genetic data
- biometric data
- data concerning health
- main establishment
- representative
- enterprise
- group of undertakings
- binding corporate rules
- supervisory authority
- supervisory authority concerned
- cross-border processing
- relevant and reasoned objection
- information society service
- international organisation
- third 17
- country 16
- shall 13
- international_organisation 11
- article 10
- commission 10
- protection 9
- paragraph 7
- within 7
- implementing 7
- referred 6
- adopted 6
- personal_data 6
- level 6
- the 5
- sectors 5
- adequate 5
- data 5
- more 5
- specified 5
- decision 5
- territory 4
- rules 4
- basis 4
- accordance 4
- authorities 4
- pursuant 4
- which 4
- article 4
- rights 3
- security 3
- well 3
- including 3
- procedure 3
- into 3
- take 3
- transfer 3
- adequacy 3
- acts 3
- effective 3
- ensures 3
- particular 3
- international_organisations 2
- without 2
- subject 2
- decisions 2
- longer 2
- countries 2
- from 2
- functioning 2
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 protection rules, including adequate enforcement powers, for assisting and advising the data subjects in exercising their rights and for cooperation with the supervisory authorities of the Member States; and |
(c) | the international commitments the third country or international_organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in particular in relation to the protection of personal_data. |
3. The Commission, after assessing the adequacy of the level of protection, may decide, by means of implementing act, that a third country, a territory or one or more specified sectors within a third country, or an international_organisation ensures an adequate level of protection within the meaning of paragraph 2 of this Article. The implementing act shall provide for a mechanism for a periodic review, at least every four years, which shall take into account all relevant developments in the third country or international_organisation. The implementing act shall specify its territorial and sectoral application and, where applicable, identify the supervisory_authority or authorities referred to in point (b) of paragraph 2 of this Article. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 93(2).
4. The Commission shall, on an ongoing basis, monitor developments in third countries and international_organisations that could affect the functioning of decisions adopted pursuant to paragraph 3 of this Article and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC.
5. The Commission shall, where available information reveals, in particular following the review referred to in paragraph 3 of this Article, that a third country, a territory or one or more specified sectors within a third country, or an international_organisation no longer ensures an adequate level of protection within the meaning of paragraph 2 of this Article, to the extent necessary, repeal, amend or suspend the decision referred to in paragraph 3 of this Article by means of implementing acts without retro-active effect. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).
On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 93(3).
6. The Commission shall enter into consultations with the third country or international_organisation with a view to remedying the situation giving rise to the decision made pursuant to paragraph 5.
7. A decision pursuant to paragraph 5 of this Article is without prejudice to transfers of personal_data to the third country, a territory or one or more specified sectors within that third country, or the international_organisation in question pursuant to Articles 46 to 49.
8. The Commission shall publish in the Official Journal of the European Union and on its website a list of the third countries, territories and specified sectors within a third country and international_organisations for which it has decided that an adequate level of protection is or is no longer ensured.
9. Decisions adopted by the Commission on the basis of Article 25(6) of Directive 95/46/EC shall remain in force until amended, replaced or repealed by a Commission Decision adopted in accordance with paragraph 3 or 5 of this Article.
whereas
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