Month: November 2018

Recital 165 – No prejudice of the status of churches and religious associations

165

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Recital 170 – Principle of subsidiarity and principle of proportionality

Recital 170Principle of subsidiarity and principle of proportionality 1Since the objective of this Regulation, namely to ensure an equivalent level of protection of natural persons and the free flow…

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Recital 169 – Immediately applicable implementing acts

Recital 169Immediately applicable implementing acts The Commission should adopt immediately applicable implementing acts where available evidence reveals that a third country, a territory or a specified sector within that…

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Recital 164 – Professional or other equivalent secrecy obligations

164

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Recital 173 – Relationship to Directive 2002/58/EC

173

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Recital 167 – Implementing powers of the Commission

Recital 167Implementing powers of the Commission 1In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission when provided for…

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Recital 162 – Processing for statistical purposes

Recital 162Processing for statistical purposes 1Where personal data are processed for statistical purposes, this Regulation should apply to that processing. 2Union or Member State law should, within the limits…

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Recital 172 – Consultation of the European Data Protection Supervisor

Recital 172Consultation of the European Data Protection Supervisor The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an opinion…

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Recital 142 – The right of data subjects to mandate a not-for-profit body, organisation or association

Recital 142The right of data subjects to mandate a not-for-profit body, organisation or association 1Where a data subject considers that his or her rights under this Regulation are infringed,…

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Recital 144 – Related proceedings

Recital 144Related proceedings 1Where a court seized of proceedings against a decision by a supervisory authority has reason to believe that proceedings concerning the same processing, such as the…

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Recital 145 – Choice of venue

Recital 145Choice of venue For proceedings against a controller or processor, the plaintiff should have the choice to bring the action before the courts of the Member States where…

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Recital 146 – Indemnity

Recital 146Indemnity 1The controller or processor should compensate any damage which a person may suffer as a result of processing that infringes this Regulation. 2The controller or processor should…

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Recital 147 – Jurisdiction

Recital 147Jurisdiction Where specific rules on jurisdiction are contained in this Regulation, in particular as regards proceedings seeking a judicial remedy including compensation, against a controller or processor, general…

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Recital 148 – Penalties

Recital 148Penalties 1In order to strengthen the enforcement of the rules of this Regulation, penalties including administrative fines should be imposed for any infringement of this Regulation, in addition…

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Recital 149 – Penalties for infringements of national rules

Recital 149Penalties for infringements of national rules 1Member States should be able to lay down the rules on criminal penalties for infringements of this Regulation, including for infringements of…

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Recital 150 – Administrative fines

Recital 150Administrative fines 1In order to strengthen and harmonise administrative penalties for infringements of this Regulation, each supervisory authority should have the power to impose administrative fines. 2This Regulation…

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Recital 151 – Administrative fines in Denmark and Estonia

Recital 151Administrative fines in Denmark and Estonia 1The legal systems of Denmark and Estonia do not allow for administrative fines as set out in this Regulation. 2The rules on…

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Recital 152 – Power of sanction of the Member States

Recital 152Power of sanction of the Member States 1Where this Regulation does not harmonise administrative penalties or where necessary in other cases, for example in cases of serious infringements…

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Recital 153 – Processing of personal data solely for journalistic purposes or for the purposes of academic, artistic or literary expression

Recital 153Processing of personal data solely for journalistic purposes or for the purposes of academic, artistic or literary expression 1Member States law should reconcile the rules governing freedom of…

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Recital 154 – Principle of public access to official documents

Recital 154Principle of public access to official documents 1This Regulation allows the principle of public access to official documents to be taken into account when applying this Regulation. 2Public…

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Recital 155 – Processing in the employment context

Recital 155Processing in the employment context Member State law or collective agreements, including ‘works agreements’, may provide for specific rules on the processing of employees’ personal data in the…

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Recital 156 – Processing for archiving, scientific or historical research or statistical purposes

Recital 156Processing for archiving, scientific or historical research or statistical purposes 1The processing of personal data for archiving purposes in the public interest, scientific or historical research purposes or…

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Recital 157 – Information from registries and scientific research

Recital 157Information from registries and scientific research 1By coupling information from registries, researchers can obtain new knowledge of great value with regard to widespread medical conditions such as cardiovascular…

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Recital 158 – Processing for archiving purposes

Recital 158Processing for archiving purposes 1Where personal data are processed for archiving purposes, this Regulation should also apply to that processing, bearing in mind that this Regulation should not…

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Recital 159 – Processing for scientific research purposes

Recital 159Processing for scientific research purposes 1Where personal data are processed for scientific research purposes, this Regulation should also apply to that processing. 2For the purposes of this Regulation,…

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