Author: Ben Wolford

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 82 – Record of processing activities

Recital 82 Record of processing activities In order to demonstrate compliance with this Regulation, the controller or processor should maintain records of processing activities under its responsibility. Each controller…

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Recital 83 – Security of processing

Recital 83 Security of processing In order to maintain security and to prevent processing in infringement of this Regulation, the controller or processor should evaluate the risks inherent in…

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Recital 84 – Risk evaluation and impact assessment

Recital 84 Risk evaluation and impact assessment In order to enhance compliance with this Regulation where processing operations are likely to result in a high risk to the rights…

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Recital 85 – Notification obligation of breaches to the supervisory authority

Recital 85 Notification obligation of breaches to the supervisory authority A personal data breach may, if not addressed in an appropriate and timely manner, result in physical, material or…

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Recital 86 – Notification of data subjects in case of data breaches

Recital 86 Notification of data subjects in case of data breaches The controller should communicate to the data subject a personal data breach, without undue delay, where that personal…

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Recital 87 – Promptness of reporting / notification

Recital 87 Promptness of reporting / notification It should be ascertained whether all appropriate technological protection and organisational measures have been implemented to establish immediately whether a personal data…

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Recital 88 – Format and procedures of the notification

Recital 88 Format and procedures of the notification In setting detailed rules concerning the format and procedures applicable to the notification of personal data breaches, due consideration should be…

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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 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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