Month: November 2018

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

Recital 59Procedures for the exercise of the rights of the data subjects 1Modalities should be provided for facilitating the exercise of the data subject’s rights under this Regulation, including…

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Recital 60 – Information obligation

Recital 60Information obligation 1The principles of fair and transparent processing require that the data subject be informed of the existence of the processing operation and its purposes. 2The controller…

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Recital 61 – Time of information

Recital 61Time of information 1The information in relation to the processing of personal data relating to the data subject should be given to him or her at the time…

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Recital 22 – Processing by an establishment

Recital 22Processing by an establishment 1Any processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union should…

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

Recital 23Applicable to processors not established in the Union if data subjects within the Union are targeted 1In order to ensure that natural persons are not deprived of the…

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

Recital 24Applicable to processors not established in the Union if data subjects within the Union are profiled 1The processing of personal data of data subjects who are in the…

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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 26Not applicable to anonymous data 1The principles of data protection should apply to any information concerning an identified or identifiable natural person. 2Personal data which have undergone pseudonymisation,…

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Recital 27 – Not applicable to data of deceased persons

Recital 27Not applicable to data of deceased persons 1This Regulation does not apply to the personal data of deceased persons. 2Member States may provide for rules regarding the processing…

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Recital 28 – Introduction of pseudonymisation

Recital 28Introduction of pseudonymisation 1The application of pseudonymisation to personal data can reduce the risks to the data subjects concerned and help controllers and processors to meet their data-protection…

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Recital 29 – Pseudonymisation at the same controller

Recital 29Pseudonymisation at the same controller 1In order to create incentives to apply pseudonymisation when processing personal data, measures of pseudonymisation should, whilst allowing general analysis, be possible within…

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Recital 30 – Online identifiers for profiling and identification

Recital 30Online identifiers for profiling and identification 1Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie…

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

Recital 31Not applicable to public authorities in connection with their official tasks 1Public authorities to which personal data are disclosed in accordance with a legal obligation for the exercise…

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Recital 32 – Conditions for consent

Recital 32Conditions for consent 1Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the…

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Recital 33 – Consent to certain areas of scientific research

Recital 33Consent to certain areas of scientific research 1It is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time…

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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 35Health data 1Personal data concerning health should include all data pertaining to the health status of a data subject which reveal information relating to the past, current or…

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Recital 36 – Determination of the main establishment

Recital 36Determination of the main establishment 1The main establishment of a controller in the Union should be the place of its central administration in the Union, unless the decisions…

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Recital 37 – Enterprise group

Recital 37Enterprise group 1A group of undertakings should cover a controlling undertaking and its controlled undertakings, whereby the controlling undertaking should be the undertaking which can exert a dominant…

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Recital 38 – Special protection of children’s personal data

Recital 38Special protection of children’s personal data 1Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards…

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Recital 39 – Principles of data processing

Recital 39Principles of data processing 1Any processing of personal data should be lawful and fair. 2It should be transparent to natural persons that personal data concerning them are collected,…

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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 41Legal basis or legislative measures 1Where this Regulation refers to a legal basis or a legislative measure, this does not necessarily require a legislative act adopted by a…

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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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