Month: November 2018

Recital 171 – Repeal of Directive 95/46/EC and transitional provisions

Recital 171Repeal of Directive 95/46/EC and transitional provisions 1Directive 95/46/EC should be repealed by this Regulation. 2Processing already under way on the date of application of this Regulation should…

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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 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 168 – Implementing acts on standard contractual clauses

Recital 168Implementing acts on standard contractual clauses The examination procedure should be used for the adoption of implementing acts on standard contractual clauses between controllers and processors and between…

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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 143 – Judicial remedies

Recital 143Judicial remedies 1Any natural or legal person has the right to bring an action for annulment of decisions of the Board before the Court of Justice under the…

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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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Recital 160 – Processing for historical research purposes

Recital 160Processing for historical research purposes 1Where personal data are processed for historical research purposes, this Regulation should also apply to that processing. 2This should also include historical research…

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