interactive GDPR 2016/0679 EN

(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)

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)

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).