Month: November 2018

Recital 4 – Data protection in balance with other fundamental rights

Recital 4Data protection in balance with other fundamental rights 1The processing of personal data should be designed to serve mankind. 2The right to the protection of personal data is…

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Recital 5 – Cooperation between Member States to exchange personal data

Recital 5Cooperation between Member States to exchange personal data 1The economic and social integration resulting from the functioning of the internal market has led to a substantial increase in…

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Recital 6 – Ensuring a high level of data protection despite the increased exchange of data

Recital 6Ensuring a high level of data protection despite the increased exchange of data 1Rapid technological developments and globalisation have brought new challenges for the protection of personal data….

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Recital 7 – The framework is based on control and certainty

Recital 7The framework is based on control and certainty 1Those developments require a strong and more coherent data protection framework in the Union, backed by strong enforcement, given the…

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Recital 8 – Adoption into national law

Recital 8Adoption into national law Where this Regulation provides for specifications or restrictions of its rules by Member State law, Member States may, as far as necessary for coherence…

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Recital 9 – Different standards of protection by the Directive 95/46/EC

Recital 9Different standards of protection by the Directive 95/46/EC 1The objectives and principles of Directive 95/46/EC remain sound, but it has not prevented fragmentation in the implementation of data…

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Recital 10 – Harmonised level of data protection despite national scope

Recital 10Harmonised level of data protection despite national scope 1In order to ensure a consistent and high level of protection of natural persons and to remove the obstacles to…

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Recital 11 – Harmonisation of the powers and sanctions

Recital 11Harmonisation of the powers and sanctions Effective protection of personal data throughout the Union requires the strengthening and setting out in detail of the rights of data subjects…

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Recital 12 – Authorization of the European Parliament and the Council

Recital 12Authorization of the European Parliament and the Council Article 16(2) TFEU mandates the European Parliament and the Council to lay down the rules relating to the protection of…

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Recital 13 – Taking account of micro, small and medium-sized enterprises

Recital 13Taking account of micro, small and medium-sized enterprises 1In order to ensure a consistent level of protection for natural persons throughout the Union and to prevent divergences hampering…

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Recital 14 – Not applicable to legal persons

Recital 14Not applicable to legal persons 1The protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of residence, in relation to the processing…

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Recital 15 – Technology neutrality

Recital 15Technology neutrality 1In order to prevent creating a serious risk of circumvention, the protection of natural persons should be technologically neutral and should not depend on the techniques…

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Recital 16 – Not applicable to activities regarding national and common security

Recital 16Not applicable to activities regarding national and common security 1This Regulation does not apply to issues of protection of fundamental rights and freedoms or the free flow of…

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Recital 17 – Adaptation of Regulation (EC) No 45/2001

Recital 17Adaptation of Regulation (EC) No 45/2001 1Regulation (EC) No 45/2001 of the European Parliament and of the Council_ applies to the processing of personal data by the Union…

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Recital 18 – Not applicable to personal or household activities

Recital 18Not applicable to personal or household activities 1This Regulation does not apply to the processing of personal data by a natural person in the course of a purely…

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Recital 19 – Not applicable to criminal prosecution

Recital 19Not applicable to criminal prosecution 1The protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation,…

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Recital 20 – Respecting the independence of the judiciary

Recital 20Respecting the independence of the judiciary 1While this Regulation applies, inter alia, to the activities of courts and other judicial authorities, Union or Member State law could specify…

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Recital 21 – Liability rules of intermediary service providers shall remain unaffected

Recital 21Liability rules of intermediary service providers shall remain unaffected 1This Regulation is without prejudice to the application of Directive 2000/31/EC of the European Parliament and of the Council_,…

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Art. 81 GDPR – Suspension of proceedings

Art. 81 GDPRSuspension of proceedings Where a competent court of a Member State has information on proceedings, concerning the same subject matter as regards processing by the same controller…

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Recital 1 – Data protection as a fundamental right

Recital 1Data protection as a fundamental right 1The protection of natural persons in relation to the processing of personal data is a fundamental right. 2Article 8(1) of the Charter…

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Art. 61 GDPR – Mutual assistance

Art. 61 GDPRMutual assistance 1Supervisory authorities shall provide each other with relevant information and mutual assistance in order to implement and apply this Regulation in a consistent manner, and…

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Art. 62 GDPR – Joint operations of supervisory authorities

Art. 62 GDPRJoint operations of supervisory authorities The supervisory authorities shall, where appropriate, conduct joint operations including joint investigations and joint enforcement measures in which members or staff of…

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Art. 63 GDPR – Consistency mechanism

Art. 63 GDPRConsistency mechanism In order to contribute to the consistent application of this Regulation throughout the Union, the supervisory authorities shall cooperate with each other and, where relevant,…

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Art. 64 GDPR – Opinion of the Board

Art. 64 GDPROpinion of the Board 1The Board shall issue an opinion where a competent supervisory authority intends to adopt any of the measures below. 2To that end, the…

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Art. 66 GDPR – Urgency procedure

Art. 66 GDPRUrgency procedure 1In exceptional circumstances, where a supervisory authority concerned considers that there is an urgent need to act in order to protect the rights and freedoms…

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