interactive GDPR 2016/0679 EN

(1)

‘ 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;

(2)

‘ 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;

(3)

‘restriction of processing’ means the marking of stored personal_data with the aim of limiting their processing in the future;

(4)

‘ 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;

(5)

‘ 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;

(6)

‘ 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;

(7)

‘ 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;

(8)

‘ processor’ means a natural or legal person, public authority, agency or other body which processes personal_data on behalf of the controller;

(9)

‘ 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. However, 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;

(10)

‘ 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;

(11)

‘ 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;

(12)

‘ 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;

(13)

‘ 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;

(14)

‘ 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;

(15)

‘ 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;

(16)

‘ main_establishment’ means:

(17)

‘ representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;

(18)

‘ 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;

(19)

‘ group_of_undertakings’ means a controlling undertaking and its controlled undertakings;

(20)

‘ 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;

(21)

‘ supervisory_authority’ means an independent public authority which is established by a Member State pursuant to Article 51;

(22)

‘ supervisory_authority concerned’ means a supervisory_authority which is concerned by the processing of personal_data because:

(23)

‘cross-border processing’ means either:

(24)

‘ 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;

(25)

‘ information_society_service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (19);

(26)

‘ 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.

(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.

(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 (20) 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.

(a)

demonstrated their independence and expertise in relation to the subject-matter of the certification to the satisfaction of the competent supervisory_authority;

(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.

(a)

the establishment of each supervisory_authority;

(b)

the qualifications and eligibility conditions required to be appointed as member of each supervisory_authority;

(c)

the rules and procedures for the appointment of the member or members of each supervisory_authority;

(d)

the duration of the term of the member or members of each supervisory_authority of no less than four years, except for the first appointment after 24 May 2016, part of which may take place for a shorter period where that is necessary to protect the independence of the supervisory_authority by means of a staggered appointment procedure;

(e)

whether and, if so, for how many terms the member or members of each supervisory_authority is eligible for reappointment;

(f)

the conditions governing the obligations of the member or members and staff of each supervisory_authority, prohibitions on actions, occupations and benefits incompatible therewith during and after the term of office and rules governing the cessation of employment.

(a)

monitor and enforce the application of this Regulation;

(b)

promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention;

(c)

advise, in accordance with Member State law, the national parliament, the government, and other institutions and bodies on legislative and administrative measures relating to the protection of natural persons' rights and freedoms with regard to processing;

(d)

promote the awareness of controllers and processors of their obligations under this Regulation;

(e)

upon request, provide information to any data subject concerning the exercise of their rights under this Regulation and, if appropriate, cooperate with the supervisory authorities in other Member States to that end;

(f)

handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with another supervisory_authority is necessary;

(g)

cooperate with, including sharing information and provide mutual assistance to, other supervisory authorities with a view to ensuring the consistency of application and enforcement of this Regulation;

(h)

conduct investigations on the application of this Regulation, including on the basis of information received from another supervisory_authority or other public authority;

(i)

monitor relevant developments, insofar as they have an impact on the protection of personal_data, in particular the development of information and communication technologies and commercial practices;

(j)

adopt standard contractual clauses referred to in Article 28(8) and in point (d) of Article 46(2);

(k)

establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4);

(l)

give advice on the processing operations referred to in Article 36(2);

(m)

encourage the drawing up of codes of conduct pursuant to Article 40(1) and provide an opinion and approve such codes of conduct which provide sufficient safeguards, pursuant to Article 40(5);

(n)

encourage the establishment of data protection certification mechanisms and of data protection seals and marks pursuant to Article 42(1), and approve the criteria of certification pursuant to Article 42(5);

(o)

where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);

(p)

draft and publish the criteria for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;

(q)

conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;

(r)

authorise contractual clauses and provisions referred to in Article 46(3);

(s)

approve binding_corporate_rules pursuant to Article 47;

(t)

contribute to the activities of the Board;

(u)

keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2); and

(v)

fulfil any other tasks related to the protection of personal_data.

(a)

to order the controller and the processor, and, where applicable, the controller's or the processor's representative to provide any information it requires for the performance of its tasks;

(b)

to carry out investigations in the form of data protection audits;

(c)

to carry out a review on certifications issued pursuant to Article 42(7);

(d)

to notify the controller or the processor of an alleged infringement of this Regulation;

(e)

to obtain, from the controller and the processor, access to all personal_data and to all information necessary for the performance of its tasks;

(f)

to obtain access to any premises of the controller and the processor, including to any data processing equipment and means, in accordance with Union or Member State procedural law.

(a)

to issue warnings to a controller or processor that intended processing operations are likely to infringe provisions of this Regulation;

(b)

to issue reprimands to a controller or a processor where processing operations have infringed provisions of this Regulation;

(c)

to order the controller or the processor to comply with the data subject's requests to exercise his or her rights pursuant to this Regulation;

(d)

to order the controller or processor to bring processing operations into compliance with the provisions of this Regulation, where appropriate, in a specified manner and within a specified period;

(e)

to order the controller to communicate a personal_data breach to the data subject;

(f)

to impose a temporary or definitive limitation including a ban on processing;

(g)

to order the rectification or erasure of personal_data or restriction of processing pursuant to Articles 16, 17 and 18 and the notification of such actions to recipients to whom the personal_data have been disclosed pursuant to Article 17(2) and Article 19;

(h)

to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Articles 42 and 43, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met;

(i)

to impose an administrative fine pursuant to Article 83, in addition to, or instead of measures referred to in this paragraph, depending on the circumstances of each individual case;

(j)

to order the suspension of data flows to a recipient in a third country or to an international_organisation.

(a)

to advise the controller in accordance with the prior consultation procedure referred to in Article 36;

(b)

to issue, on its own initiative or on request, opinions to the national parliament, the Member State government or, in accordance with Member State law, to other institutions and bodies as well as to the public on any issue related to the protection of personal_data;

(c)

to authorise processing referred to in Article 36(5), if the law of the Member State requires such prior authorisation;

(d)

to issue an opinion and approve draft codes of conduct pursuant to Article 40(5);

(e)

to accredit certification bodies pursuant to Article 43;

(f)

to issue certifications and approve criteria of certification in accordance with Article 42(5);

(g)

to adopt standard data protection clauses referred to in Article 28(8) and in point (d) of Article 46(2);

(h)

to authorise contractual clauses referred to in point (a) of Article 46(3);

(i)

to authorise administrative arrangements referred to in point (b) of Article 46(3);

(j)

to approve binding_corporate_rules pursuant to Article 47.

(a)

where, in a case referred to in Article 60(4), a supervisory_authority concerned has raised a relevant_and_reasoned_objection to a draft decision of the lead authority or the lead authority has rejected such an objection as being not relevant or reasoned. The binding decision shall concern all the matters which are the subject of the relevant_and_reasoned_objection, in particular whether there is an infringement of this Regulation;

(b)

where there are conflicting views on which of the supervisory authorities concerned is competent for the main_establishment;

(c)

where a competent supervisory_authority does not request the opinion of the Board in the cases referred to in Article 64(1), or does not follow the opinion of the Board issued under Article 64. In that case, any supervisory_authority concerned or the Commission may communicate the matter to the Board.

(a)

monitor and ensure the correct application of this Regulation in the cases provided for in Articles 64 and 65 without prejudice to the tasks of national supervisory authorities;

(b)

advise the Commission on any issue related to the protection of personal_data in the Union, including on any proposed amendment of this Regulation;

(c)

advise the Commission on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding_corporate_rules;

(d)

issue guidelines, recommendations, and best practices on procedures for erasing links, copies or replications of personal_data from publicly available communication services as referred to in Article 17(2);

(e)

examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation;

(f)

issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for further specifying the criteria and conditions for decisions based on profiling pursuant to Article 22(2);

(g)

issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal_data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal_data breach;

(h)

issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph as to the circumstances in which a personal_data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in Article 34(1).

(i)

issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for personal_data transfers based on binding_corporate_rules adhered to by controllers and binding_corporate_rules adhered to by processors and on further necessary requirements to ensure the protection of personal_data of the data subjects concerned referred to in Article 47;

(j)

issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for the purpose of further specifying the criteria and requirements for the personal_data transfers on the basis of Article 49(1);

(k)

draw up guidelines for supervisory authorities concerning the application of measures referred to in Article 58(1), (2) and (3) and the setting of administrative fines pursuant to Article 83;

(l)

review the practical application of the guidelines, recommendations and best practices referred to in points (e) and (f);

(m)

issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing common procedures for reporting by natural persons of infringements of this Regulation pursuant to Article 54(2);

(n)

encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to Articles 40 and 42;

(o)

carry out the accreditation of certification bodies and its periodic review pursuant to Article 43 and maintain a public register of accredited bodies pursuant to Article 43(6) and of the accredited controllers or processors established in third countries pursuant to Article 42(7);

(p)

specify the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies under Article 42;

(q)

provide the Commission with an opinion on the certification requirements referred to in Article 43(8);

(r)

provide the Commission with an opinion on the icons referred to in Article 12(7);

(s)

provide the Commission with an opinion for the assessment of the adequacy of the level of protection in a third country or international_organisation, including for the assessment whether a third country, a territory or one or more specified sectors within that third country, or an international_organisation no longer ensures an adequate level of protection. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international_organisation.

(t)

issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66;

(u)

promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities;

(v)

promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international_organisations;

(w)

promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.

(x)

issue opinions on codes of conduct drawn up at Union level pursuant to Article 40(9); and

(y)

maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism.

(a)

the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of data subjects affected and the level of damage suffered by them;

(b)

the intentional or negligent character of the infringement;

(c)

any action taken by the controller or processor to mitigate the damage suffered by data subjects;

(d)

the degree of responsibility of the controller or processor taking into account technical and organisational measures implemented by them pursuant to Articles 25 and 32;

(e)

any relevant previous infringements by the controller or processor;

(f)

the degree of cooperation with the supervisory_authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;

(g)

the categories of personal_data affected by the infringement;

(h)

the manner in which the infringement became known to the supervisory_authority, in particular whether, and if so to what extent, the controller or processor notified the infringement;

(i)

where measures referred to in Article 58(2) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures;

(j)

adherence to approved codes of conduct pursuant to Article 40 or approved certification mechanisms pursuant to Article 42; and

(k)

any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement.

(a)

the obligations of the controller and the processor pursuant to Articles 8, 11, 25 to 39 and 42 and 43;

(b)

the obligations of the certification body pursuant to Articles 42 and 43;

(c)

the obligations of the monitoring body pursuant to Article 41(4).

(a)

the basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7 and 9;

(b)

the data subjects' rights pursuant to Articles 12 to 22;

(c)

the transfers of personal_data to a recipient in a third country or an international_organisation pursuant to Articles 44 to 49;

(d)

any obligations pursuant to Member State law adopted under Chapter IX;

(e)

non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by the supervisory_authority pursuant to Article 58(2) or failure to provide access in violation of Article 58(1).