interactive GDPR 2016/0679 EN

(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 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 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 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.

(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.

(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.

(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 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 to obtain a copy of them or where they have been made available.

(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 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.

(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 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.

(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 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.

(a)

the name and contact details of the controller and, where applicable, the joint controller, the controller's representative 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 identification 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).

(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 identification 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).

(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.

(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.

(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.

(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.

(a)

are legally binding and apply to and are enforced by every member concerned of the group_of_undertakings, or group of enterprises engaged in a joint economic activity, including their employees;

(b)

expressly confer enforceable rights on data subjects with regard to the processing of their personal_data; and

(c)

fulfil the requirements laid down in paragraph 2.

(a)

the structure and contact details of the group_of_undertakings, or group of enterprises engaged in a joint economic activity and of each of its members;

(b)

the data transfers or set of transfers, including the categories of personal_data, the type of processing and its purposes, the type of data subjects affected and the identification of the third country or countries in question;

(c)

their legally binding nature, both internally and externally;

(d)

the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, legal basis for processing, processing of special categories of personal_data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by the binding_corporate_rules;

(e)

the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to be subject to decisions based solely on automated processing, including profiling in accordance with Article 22, the right to lodge a complaint with the competent supervisory_authority and before the competent courts of the Member States in accordance with Article 79, and to obtain redress and, where appropriate, compensation for a breach of the binding_corporate_rules;

(f)

the acceptance by the controller or processor established on the territory of a Member State of liability for any breaches of the binding_corporate_rules by any member concerned not established in the Union; the controller or the processor shall be exempt from that liability, in whole or in part, only if it proves that that member is not responsible for the event giving rise to the damage;

(g)

how the information on the binding_corporate_rules, in particular on the provisions referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects in addition to Articles 13 and 14;

(h)

the tasks of any data protection officer designated in accordance with Article 37 or any other person or entity in charge of the monitoring compliance with the binding_corporate_rules within the group_of_undertakings, or group of enterprises engaged in a joint economic activity, as well as monitoring training and complaint-handling;

(i)

the complaint procedures;

(j)

the mechanisms within the group_of_undertakings, or group of enterprises engaged in a joint economic activity for ensuring the verification of compliance with the binding_corporate_rules. Such mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. Results of such verification should be communicated to the person or entity referred to in point (h) and to the board of the controlling undertaking of a group_of_undertakings, or of the group of enterprises engaged in a joint economic activity, and should be available upon request to the competent supervisory_authority;

(k)

the mechanisms for reporting and recording changes to the rules and reporting those changes to the supervisory_authority;

(l)

the cooperation mechanism with the supervisory_authority to ensure compliance by any member of the group_of_undertakings, or group of enterprises engaged in a joint economic activity, in particular by making available to the supervisory_authority the results of verifications of the measures referred to in point (j);

(m)

the mechanisms for reporting to the competent supervisory_authority any legal requirements to which a member of the group_of_undertakings, or group of enterprises engaged in a joint economic activity is subject in a third country which are likely to have a substantial adverse effect on the guarantees provided by the binding_corporate_rules; and

(n)

the appropriate data protection training to personnel having permanent or regular access to personal_data.