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…
Author: Ben Wolford
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…
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…
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…
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…
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…
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…
Recital 3 – Directive 95/46/EC harmonisation
Recital 3Directive 95/46/EC harmonisation Directive 95/46/EC of the European Parliament and of the Council_ seeks to harmonise the protection of fundamental rights and freedoms of natural persons in respect…
Recital 4 – Data protection in balance with other fundamental rights
Recital 4 Data protection in balance with other fundamental rights The processing of personal data should be designed to serve mankind. The right to the protection of personal data…
Recital 5 – Cooperation between Member States to exchange personal data
Recital 5 Cooperation between Member States to exchange personal data The economic and social integration resulting from the functioning of the internal market has led to a substantial increase…
Recital 6 – Ensuring a high level of data protection despite the increased exchange of data
Recital 6 Ensuring a high level of data protection despite the increased exchange of data Rapid technological developments and globalisation have brought new challenges for the protection of personal…
Recital 7 – The framework is based on control and certainty
Recital 7 The framework is based on control and certainty Those developments require a strong and more coherent data protection framework in the Union, backed by strong enforcement, given…
Recital 8 – Adoption into national law
Recital 8Adoption into national law Where this Regulation provides for specifications or restrictions of its rules by Member State law, Member States may, as far as necessary for coherence…
Recital 9 – Different standards of protection by the Directive 95/46/EC
Recital 9 Different standards of protection by the Directive 95/46/EC The objectives and principles of Directive 95/46/EC remain sound, but it has not prevented fragmentation in the implementation of…
Recital 10 – Harmonised level of data protection despite national scope
Recital 10 Harmonised level of data protection despite national scope In order to ensure a consistent and high level of protection of natural persons and to remove the obstacles…
Recital 11 – Harmonisation of the powers and sanctions
Recital 11Harmonisation of the powers and sanctions Effective protection of personal data throughout the Union requires the strengthening and setting out in detail of the rights of data subjects…
Recital 12 – Authorization of the European Parliament and the Council
Recital 12Authorization of the European Parliament and the Council Article 16(2) TFEU mandates the European Parliament and the Council to lay down the rules relating to the protection of…
Recital 13 – Taking account of micro, small and medium-sized enterprises
Recital 13 Taking account of micro, small and medium-sized enterprises In order to ensure a consistent level of protection for natural persons throughout the Union and to prevent divergences…
Recital 14 – Not applicable to legal persons
Recital 14 Not applicable to legal persons The protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of residence, in relation to the…
Recital 15 – Technology neutrality
Recital 15 Technology neutrality In order to prevent creating a serious risk of circumvention, the protection of natural persons should be technologically neutral and should not depend on the…
Recital 16 – Not applicable to activities regarding national and common security
Recital 16 Not applicable to activities regarding national and common security This Regulation does not apply to issues of protection of fundamental rights and freedoms or the free flow…
Recital 17 – Adaptation of Regulation (EC) No 45/2001
Recital 17Adaptation of Regulation (EC) No 45/2001 Regulation (EC) No 45/2001 of the European Parliament and of the Council_ applies to the processing of personal data by the Union…
Recital 18 – Not applicable to personal or household activities
Recital 18 Not applicable to personal or household activities This Regulation does not apply to the processing of personal data by a natural person in the course of a…
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,…
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…
