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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 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 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 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.

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 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 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 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 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

Rectification 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 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 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 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

Restrictions

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 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 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 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 authorisation 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

Data protection officer

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 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 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, 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 47

Binding corporate rules

1.   The competent supervisory_authority shall approve binding_corporate_rules in accordance with the consistency mechanism set out in Article 63, provided that they:

(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.

2.   The binding_corporate_rules referred to in paragraph 1 shall specify at least:

(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.

3.   The Commission may specify the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding_corporate_rules within the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2).

Article 58

Powers

1.   Each supervisory_authority shall have all of the following investigative powers:

(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.

2.   Each supervisory_authority shall have all of the following corrective powers:

(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.

3.   Each supervisory_authority shall have all of the following authorisation and advisory powers:

(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.

4.   The exercise of the powers conferred on the supervisory_authority pursuant to this Article shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in Union and Member State law in accordance with the Charter.

5.   Each Member State shall provide by law that its supervisory_authority shall have the power to bring infringements of this Regulation to the attention of the judicial authorities and where appropriate, to commence or engage otherwise in legal proceedings, in order to enforce the provisions of this Regulation.

6.   Each Member State may provide by law that its supervisory_authority shall have additional powers to those referred to in paragraphs 1, 2 and 3. The exercise of those powers shall not impair the effective operation of Chapter VII.

Article 64

Opinion of the Board

1.   The Board shall issue an opinion where a competent supervisory_authority intends to adopt any of the measures below. To that end, the competent supervisory_authority shall communicate the draft decision to the Board, when it:

(a)

aims to adopt a list of the processing operations subject to the requirement for a data protection impact assessment pursuant to Article 35(4);

(b)

concerns a matter pursuant to Article 40(7) whether a draft code of conduct or an amendment or extension to a code of conduct complies with this Regulation;

(c)

aims to approve the criteria for accreditation of a body pursuant to Article 41(3) or a certification body pursuant to Article 43(3);

(d)

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

(e)

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

(f)

aims to approve binding_corporate_rules within the meaning of Article 47.

2.   Any supervisory_authority, the Chair of the Board or the Commission may request that any matter of general application or producing effects in more than one Member State be examined by the Board with a view to obtaining an opinion, in particular where a competent supervisory_authority does not comply with the obligations for mutual assistance in accordance with Article 61 or for joint operations in accordance with Article 62.

3.   In the cases referred to in paragraphs 1 and 2, the Board shall issue an opinion on the matter submitted to it provided that it has not already issued an opinion on the same matter. That opinion shall be adopted within eight weeks by simple majority of the members of the Board. That period may be extended by a further six weeks, taking into account the complexity of the subject matter. Regarding the draft decision referred to in paragraph 1 circulated to the members of the Board in accordance with paragraph 5, a member which has not objected within a reasonable period indicated by the Chair, shall be deemed to be in agreement with the draft decision.

4.   Supervisory authorities and the Commission shall, without undue delay, communicate by electronic means to the Board, using a standardised format any relevant information, including as the case may be a summary of the facts, the draft decision, the grounds which make the enactment of such measure necessary, and the views of other supervisory authorities concerned.

5.   The Chair of the Board shall, without undue, delay inform by electronic means:

(a)

the members of the Board and the Commission of any relevant information which has been communicated to it using a standardised format. The secretariat of the Board shall, where necessary, provide translations of relevant information; and

(b)

the supervisory_authority referred to, as the case may be, in paragraphs 1 and 2, and the Commission of the opinion and make it public.

6.   The competent supervisory_authority shall not adopt its draft decision referred to in paragraph 1 within the period referred to in paragraph 3.

7.   The supervisory_authority referred to in paragraph 1 shall take utmost account of the opinion of the Board and shall, within two weeks after receiving the opinion, communicate to the Chair of the Board by electronic means whether it will maintain or amend its draft decision and, if any, the amended draft decision, using a standardised format.

8.   Where the supervisory_authority concerned informs the Chair of the Board within the period referred to in paragraph 7 of this Article that it does not intend to follow the opinion of the Board, in whole or in part, providing the relevant grounds, Article 65(1) shall apply.

Article 90

Obligations of secrecy

1.   Member States may adopt specific rules to set out the powers of the supervisory authorities laid down in points (e) and (f) of Article 58(1) in relation to controllers or processors that are subject, under Union or Member State law or rules established by national competent bodies, to an obligation of professional secrecy or other equivalent obligations of secrecy where this is necessary and proportionate to reconcile the right of the protection of personal_data with the obligation of secrecy. Those rules shall apply only with regard to personal_data which the controller or processor has received as a result of or has obtained in an activity covered by that obligation of secrecy.

2.   Each Member State shall notify to the Commission the rules adopted pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.


whereas

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