Month: November 2018

Recital 89 – Elimination of the general reporting requirement

Recital 89 Elimination of the general reporting requirement Directive 95/46/EC provided for a general obligation to notify the processing of personal data to the supervisory authorities. While that obligation…

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Recital 90 – Data protection impact assessement

Recital 90 Data protection impact assessement In such cases, a data protection impact assessment should be carried out by the controller prior to the processing in order to assess…

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Recital 91 – Necessity of a data protection impact assessment

Recital 91 Necessity of a data protection impact assessment This should in particular apply to large-scale processing operations which aim to process a considerable amount of personal data at…

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Recital 92 – Broader data protection impact assessment

Recital 92Broader data protection impact assessment There are circumstances under which it may be reasonable and economical for the subject of a data protection impact assessment to be broader…

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Recital 93 – Data protection impact assessment at authorities

Recital 93Data protection impact assessment at authorities In the context of the adoption of the Member State law on which the performance of the tasks of the public authority…

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Recital 94 – Consultation of the supervisory authority

Recital 94 Consultation of the supervisory authority Where a data protection impact assessment indicates that the processing would, in the absence of safeguards, security measures and mechanisms to mitigate…

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Recital 95 – Support by the processor

Recital 95Support by the processor The processor should assist the controller, where necessary and upon request, in ensuring compliance with the obligations deriving from the carrying out of data…

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Recital 96 – Consultation of the supervisory authority in the course of a legislative process

Recital 96Consultation of the supervisory authority in the course of a legislative process A consultation of the supervisory authority should also take place in the course of the preparation…

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Recital 97 – Data protection officer

Recital 97 Data protection officer Where the processing is carried out by a public authority, except for courts or independent judicial authorities when acting in their judicial capacity, where,…

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Recital 98 – Preparation of codes of conduct by organisations and associations

Recital 98 Preparation of codes of conduct by organisations and associations Associations or other bodies representing categories of controllers or processors should be encouraged to draw up codes of…

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Recital 99 – Consultation of stakeholders and data subjects in the development of codes of conduct

Recital 99Consultation of stakeholders and data subjects in the development of codes of conduct When drawing up a code of conduct, or when amending or extending such a code,…

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Recital 100 – Certification

Recital 100Certification In order to enhance transparency and compliance with this Regulation, the establishment of certification mechanisms and data protection seals and marks should be encouraged, allowing data subjects…

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Recital 101 – General principles for international data transfers

Recital 101 General principles for international data transfers Flows of personal data to and from countries outside the Union and international organisations are necessary for the expansion of international…

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Recital 69 – Right to object

Recital 69 Right to object Where personal data might lawfully be processed because processing is necessary for the performance of a task carried out in the public interest or…

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Recital 70 – Right to object to direct marketing

Recital 70 Right to object to direct marketing Where personal data are processed for the purposes of direct marketing, the data subject should have the right to object to…

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Recital 71 – Profiling

Recital 71 Profiling The data subject should have the right not to be subject to a decision, which may include a measure, evaluating personal aspects relating to him or…

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Recital 72 – Guidance of the European Data Protection Board regarding profiling

Recital 72 Guidance of the European Data Protection Board regarding profiling Profiling is subject to the rules of this Regulation governing the processing of personal data, such as the…

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Recital 73 – Restrictions of rights and principles

Recital 73 Restrictions of rights and principles Restrictions concerning specific principles and the rights of information, access to and rectification or erasure of personal data, the right to data…

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Recital 74 – Responsibility and liability of the controller

Recital 74 Responsibility and liability of the controller The responsibility and liability of the controller for any processing of personal data carried out by the controller or on the…

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Recital 75 – Risks to the rights and freedoms of natural persons

Recital 75Risks to the rights and freedoms of natural persons The risk to the rights and freedoms of natural persons, of varying likelihood and severity, may result from personal…

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Recital 76 – Risk assessment

Recital 76 Risk assessment The likelihood and severity of the risk to the rights and freedoms of the data subject should be determined by reference to the nature, scope,…

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Recital 77 – Risk assessment guidelines

Recital 77 Risk assessment guidelines Guidance on the implementation of appropriate measures and on the demonstration of compliance by the controller or the processor, especially as regards the identification…

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Recital 78 – Appropriate technical and organisational measures

Recital 78 Appropriate technical and organisational measures The protection of the rights and freedoms of natural persons with regard to the processing of personal data require that appropriate technical…

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Recital 79 – Allocation of the responsibilities

Recital 79Allocation of the responsibilities The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processors, also in relation…

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Recital 80 – Designation of a representative

Recital 80 Designation of a representative Where a controller or a processor not established in the Union is processing personal data of data subjects who are in the Union…

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