Month: November 2018

Recital 59 – Procedures for the exercise of the rights of the data subjects

Recital 59 Procedures for the exercise of the rights of the data subjects Modalities should be provided for facilitating the exercise of the data subject’s rights under this Regulation,…

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Recital 60 – Information obligation

Recital 60 Information obligation The principles of fair and transparent processing require that the data subject be informed of the existence of the processing operation and its purposes. The…

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Recital 61 – Time of information

Recital 61 Time of information The information in relation to the processing of personal data relating to the data subject should be given to him or her at the…

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Recital 22 – Processing by an establishment

Recital 22 Processing by an establishment Any processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union…

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Recital 23 – Applicable to processors not established in the Union if data subjects within the Union are targeted

Recital 23 Applicable to processors not established in the Union if data subjects within the Union are targeted In order to ensure that natural persons are not deprived of…

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Recital 24 – Applicable to processors not established in the Union if data subjects within the Union are profiled

Recital 24 Applicable to processors not established in the Union if data subjects within the Union are profiled The processing of personal data of data subjects who are in…

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Recital 25 – Applicable to processors due to international law

Recital 25Applicable to processors due to international law Where Member State law applies by virtue of public international law, this Regulation should also apply to a controller not established…

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Recital 26 – Not applicable to anonymous data

Recital 26 Not applicable to anonymous data The principles of data protection should apply to any information concerning an identified or identifiable natural person. Personal data which have undergone…

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Recital 27 – Not applicable to data of deceased persons

Recital 27 Not applicable to data of deceased persons This Regulation does not apply to the personal data of deceased persons. Member States may provide for rules regarding the…

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Recital 28 – Introduction of pseudonymisation

Recital 28 Introduction of pseudonymisation The application of pseudonymisation to personal data can reduce the risks to the data subjects concerned and help controllers and processors to meet their…

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Recital 29 – Pseudonymisation at the same controller

Recital 29 Pseudonymisation at the same controller In order to create incentives to apply pseudonymisation when processing personal data, measures of pseudonymisation should, whilst allowing general analysis, be possible…

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Recital 30 – Online identifiers for profiling and identification

Recital 30 Online identifiers for profiling and identification Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses,…

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Recital 31 – Not applicable to public authorities in connection with their official tasks

Recital 31 Not applicable to public authorities in connection with their official tasks Public authorities to which personal data are disclosed in accordance with a legal obligation for the…

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Recital 32 – Conditions for consent

Recital 32 Conditions for consent Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to…

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Recital 33 – Consent to certain areas of scientific research

Recital 33 Consent to certain areas of scientific research It is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the…

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Recital 34 – Genetic data

Recital 34Genetic data Genetic data should be defined as personal data relating to the inherited or acquired genetic characteristics of a natural person which result from the analysis of…

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Recital 35 – Health data

Recital 35 Health data Personal data concerning health should include all data pertaining to the health status of a data subject which reveal information relating to the past, current…

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Recital 36 – Determination of the main establishment

Recital 36 Determination of the main establishment The main establishment of a controller in the Union should be the place of its central administration in the Union, unless the…

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Recital 37 – Enterprise group

Recital 37 Enterprise group A group of undertakings should cover a controlling undertaking and its controlled undertakings, whereby the controlling undertaking should be the undertaking which can exert a…

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Recital 38 – Special protection of children’s personal data

Recital 38 Special protection of children’s personal data Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and…

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Recital 39 – Principles of data processing

Recital 39 Principles of data processing Any processing of personal data should be lawful and fair. It should be transparent to natural persons that personal data concerning them are…

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Recital 40 – Lawfulness of data processing

Recital 40Lawfulness of data processing In order for processing to be lawful, personal data should be processed on the basis of the consent of the data subject concerned or…

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Recital 41 – Legal basis or legislative measures

Recital 41 Legal basis or legislative measures Where this Regulation refers to a legal basis or a legislative measure, this does not necessarily require a legislative act adopted by…

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Recital 19 – Not applicable to criminal prosecution

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

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Recital 20 – Respecting the independence of the judiciary

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

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