Author: Ben Wolford

Recital 135 – Consistency mechanism

Recital 135 Consistency mechanism In order to ensure the consistent application of this Regulation throughout the Union, a consistency mechanism for cooperation between the supervisory authorities should be established….

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Recital 136 – Binding decisions and opinions of the Board

Recital 136 Binding decisions and opinions of the Board In applying the consistency mechanism, the Board should, within a determined period of time, issue an opinion, if a majority…

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Recital 137 – Provisional measures

Recital 137 Provisional measures There may be an urgent need to act in order to protect the rights and freedoms of data subjects, in particular when the danger exists…

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Recital 138 – Urgency procedure

Recital 138 Urgency procedure The application of such mechanism should be a condition for the lawfulness of a measure intended to produce legal effects by a supervisory authority in…

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Recital 139 – European Data Protection Board

Recital 139 European Data Protection Board In order to promote the consistent application of this Regulation, the Board should be set up as an independent body of the Union….

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Recital 140 – Secretariat and staff of the Board

Recital 140 Secretariat and staff of the Board The Board should be assisted by a secretariat provided by the European Data Protection Supervisor. The staff of the European Data…

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Recital 141 – Right to lodge a complaint

Recital 141 Right to lodge a complaint Every data subject should have the right to lodge a complaint with a single supervisory authority, in particular in the Member State…

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Recital 112 – Data transfers due to important reasons of public interest

Recital 112 Data transfers due to important reasons of public interest Those derogations should in particular apply to data transfers required and necessary for important reasons of public interest,…

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Recital 113 – Transfers qualified as not repetitive and that only concern a limited number of data subjects

Recital 113 Transfers qualified as not repetitive and that only concern a limited number of data subjects Transfers which can be qualified as not repetitive and that only concern…

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Recital 114 – Safeguarding of enforceability of rights and obligations in the absence of an adequacy decision

Recital 114Safeguarding of enforceability of rights and obligations in the absence of an adequacy decision In any case, where the Commission has taken no decision on the adequate level…

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Recital 115 – Rules in third countries contrary to the Regulation

Recital 115 Rules in third countries contrary to the Regulation Some third countries adopt laws, regulations and other legal acts which purport to directly regulate the processing activities of…

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Recital 116 – Cooperation among supervisory authorities

Recital 116 Cooperation among supervisory authorities When personal data moves across borders outside the Union it may put at increased risk the ability of natural persons to exercise data…

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Recital 117 – Establishment of supervisory authorities

Recital 117 Establishment of supervisory authorities The establishment of supervisory authorities in Member States, empowered to perform their tasks and exercise their powers with complete independence, is an essential…

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Recital 118 – Monitoring of the supervisory authorities

Recital 118Monitoring of the supervisory authorities The independence of supervisory authorities should not mean that the supervisory authorities cannot be subject to control or monitoring mechanisms regarding their financial…

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Recital 119 – Organisation of several supervisory authorities of a Member State

Recital 119 Organisation of several supervisory authorities of a Member State Where a Member State establishes several supervisory authorities, it should establish by law mechanisms for ensuring the effective…

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Recital 120 – Features of supervisory authorities

Recital 120 Features of supervisory authorities Each supervisory authority should be provided with the financial and human resources, premises and infrastructure necessary for the effective performance of their tasks,…

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Recital 121 – Independence of the supervisory authorities

Recital 121 Independence of the supervisory authorities The general conditions for the member or members of the supervisory authority should be laid down by law in each Member State…

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Recital 102 – International agreements for an appropriate level of data protection

Recital 102 International agreements for an appropriate level of data protection This Regulation is without prejudice to international agreements concluded between the Union and third countries regulating the transfer…

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Recital 103 – Appropriate level of data protection based on an adequacy decision

Recital 103 Appropriate level of data protection based on an adequacy decision The Commission may decide with effect for the entire Union that a third country, a territory or…

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Recital 104 – Criteria for an adequacy decision

Recital 104 Criteria for an adequacy decision In line with the fundamental values on which the Union is founded, in particular the protection of human rights, the Commission should,…

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Recital 105 – Consideration of international agreements for an adequacy decision

Recital 105 Consideration of international agreements for an adequacy decision Apart from the international commitments the third country or international organisation has entered into, the Commission should take account…

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Recital 106 – Monitoring and periodic review of the level of data protection

Recital 106 Monitoring and periodic review of the level of data protection The Commission should monitor the functioning of decisions on the level of protection in a third country,…

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Recital 107 – Amendment, revocation and suspension of adequacy decisions

Recital 107 Amendment, revocation and suspension of adequacy decisions The Commission may recognise that a third country, a territory or a specified sector within a third country, or an…

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Recital 108 – Appropriate safeguards

Recital 108 Appropriate safeguards In the absence of an adequacy decision, the controller or processor should take measures to compensate for the lack of data protection in a third…

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Recital 109 – Standard data protection clauses

Recital 109Standard data protection clauses The possibility for the controller or processor to use standard data-protection clauses adopted by the Commission or by a supervisory authority should prevent controllers…

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