Author: Ben Wolford

Art. 28 GDPR – Processor

Art. 28 GDPR Processor Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical…

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Art. 27 GDPR – Representatives of controllers or processors not established in the Union

Art. 27 GDPRRepresentatives of controllers or processors not established in the Union Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the…

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Art. 26 GDPR – Joint controllers

Art. 26 GDPR Joint controllers Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner…

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Art. 25 GDPR – Data protection by design and by default

Art. 25 GDPR Data protection by design and by default Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes…

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Art. 24 GDPR – Responsibility of the controller

Art. 24 GDPR Responsibility of the controller Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for…

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Recital 162 – Processing for statistical purposes

Recital 162 Processing for statistical purposes Where personal data are processed for statistical purposes, this Regulation should apply to that processing. Union or Member State law should, within the…

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Recital 163 – Production of European and national statistics

Recital 163 Production of European and national statistics The confidential information which the Union and national statistical authorities collect for the production of official European and official national statistics…

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Recital 164 – Professional or other equivalent secrecy obligations

164

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Recital 165 – No prejudice of the status of churches and religious associations

165

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Recital 166 – Delegated acts of the Commission

166

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Recital 167 – Implementing powers of the Commission

Recital 167 Implementing powers of the Commission In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission when provided…

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Recital 168 – Implementing acts on standard contractual clauses

Recital 168Implementing acts on standard contractual clauses The examination procedure should be used for the adoption of implementing acts on standard contractual clauses between controllers and processors and between…

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Recital 169 – Immediately applicable implementing acts

Recital 169Immediately applicable implementing acts The Commission should adopt immediately applicable implementing acts where available evidence reveals that a third country, a territory or a specified sector within that…

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Recital 170 – Principle of subsidiarity and principle of proportionality

Recital 170 Principle of subsidiarity and principle of proportionality Since the objective of this Regulation, namely to ensure an equivalent level of protection of natural persons and the free…

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Recital 171 – Repeal of Directive 95/46/EC and transitional provisions

Recital 171 Repeal of Directive 95/46/EC and transitional provisions Directive 95/46/EC should be repealed by this Regulation. Processing already under way on the date of application of this Regulation…

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Recital 172 – Consultation of the European Data Protection Supervisor

Recital 172 Consultation of the European Data Protection Supervisor The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 and delivered an…

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Recital 173 – Relationship to Directive 2002/58/EC

173

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Recital 157 – Information from registries and scientific research

Recital 157 Information from registries and scientific research By coupling information from registries, researchers can obtain new knowledge of great value with regard to widespread medical conditions such as…

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Recital 158 – Processing for archiving purposes

Recital 158 Processing for archiving purposes Where personal data are processed for archiving purposes, this Regulation should also apply to that processing, bearing in mind that this Regulation should…

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Recital 142 – The right of data subjects to mandate a not-for-profit body, organisation or association

Recital 142 The right of data subjects to mandate a not-for-profit body, organisation or association Where a data subject considers that his or her rights under this Regulation are…

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Recital 145 – Choice of venue

Recital 145Choice of venue For proceedings against a controller or processor, the plaintiff should have the choice to bring the action before the courts of the Member States where…

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Recital 146 – Indemnity

Recital 146 Indemnity The controller or processor should compensate any damage which a person may suffer as a result of processing that infringes this Regulation. The controller or processor…

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Recital 147 – Jurisdiction

Recital 147Jurisdiction Where specific rules on jurisdiction are contained in this Regulation, in particular as regards proceedings seeking a judicial remedy including compensation, against a controller or processor, general…

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Recital 148 – Penalties

Recital 148 Penalties In order to strengthen the enforcement of the rules of this Regulation, penalties including administrative fines should be imposed for any infringement of this Regulation, in…

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Recital 149 – Penalties for infringements of national rules

Recital 149 Penalties for infringements of national rules Member States should be able to lay down the rules on criminal penalties for infringements of this Regulation, including for infringements…

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