Author: Ben Wolford

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 143 – Judicial remedies

Recital 143 Judicial remedies Any natural or legal person has the right to bring an action for annulment of decisions of the Board before the Court of Justice under…

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Recital 144 – Related proceedings

Recital 144 Related proceedings Where a court seized of proceedings against a decision by a supervisory authority has reason to believe that proceedings concerning the same processing, such as…

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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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Recital 150 – Administrative fines

Recital 150 Administrative fines In order to strengthen and harmonise administrative penalties for infringements of this Regulation, each supervisory authority should have the power to impose administrative fines. This…

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Recital 151 – Administrative fines in Denmark and Estonia

Recital 151 Administrative fines in Denmark and Estonia The legal systems of Denmark and Estonia do not allow for administrative fines as set out in this Regulation. The rules…

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Recital 152 – Power of sanction of the Member States

Recital 152 Power of sanction of the Member States Where this Regulation does not harmonise administrative penalties or where necessary in other cases, for example in cases of serious…

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Recital 153 – Processing of personal data solely for journalistic purposes or for the purposes of academic, artistic or literary expression

Recital 153 Processing of personal data solely for journalistic purposes or for the purposes of academic, artistic or literary expression Member States law should reconcile the rules governing freedom…

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Recital 122 – Responsibility of the supervisory authorities

Recital 122 Responsibility of the supervisory authorities Each supervisory authority should be competent on the territory of its own Member State to exercise the powers and to perform the…

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Recital 123 – Cooperation of the supervisory authorities with each other and with the Commission

Recital 123 Cooperation of the supervisory authorities with each other and with the Commission The supervisory authorities should monitor the application of the provisions pursuant to this Regulation and…

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Recital 124 – Lead authority regarding processing in several Member States

Recital 124 Lead authority regarding processing in several Member States Where the processing of personal data takes place in the context of the activities of an establishment of a…

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Recital 125 – Competences of the lead authority

Recital 125 Competences of the lead authority The lead authority should be competent to adopt binding decisions regarding measures applying the powers conferred on it in accordance with this…

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Recital 126 – Joint decisions

Recital 126 Joint decisions The decision should be agreed jointly by the lead supervisory authority and the supervisory authorities concerned and should be directed towards the main or single…

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Recital 127 – Information of the supervisory authority regarding local processing

Recital 127 Information of the supervisory authority regarding local processing Each supervisory authority not acting as the lead supervisory authority should be competent to handle local cases where the…

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Recital 128 – Responsibility regarding processing in the public interest

Recital 128 Responsibility regarding processing in the public interest The rules on the lead supervisory authority and the one-stop-shop mechanism should not apply where the processing is carried out…

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Recital 129 – Tasks and powers of the supervisory authorities

Recital 129 Tasks and powers of the supervisory authorities In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, the supervisory authorities should have in…

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Recital 130 – Consideration of the authority with which the complaint has been lodged

Recital 130 Consideration of the authority with which the complaint has been lodged Where the supervisory authority with which the complaint has been lodged is not the lead supervisory…

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Recital 131 – Attempt of an amicable settlement

Recital 131 Attempt of an amicable settlement Where another supervisory authority should act as a lead supervisory authority for the processing activities of the controller or processor but the…

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Recital 132 – Awareness-raising activities and specific measures

Recital 132Awareness-raising activities and specific measures Awareness-raising activities by supervisory authorities addressed to the public should include specific measures directed at controllers and processors, including micro, small and medium-sized…

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Recital 133 – Mutual assistance and provisional measures

Recital 133 Mutual assistance and provisional measures The supervisory authorities should assist each other in performing their tasks and provide mutual assistance, so as to ensure the consistent application…

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Recital 134 – Participation in joint operations

Recital 134 Participation in joint operations Each supervisory authority should, where appropriate, participate in joint operations with other supervisory authorities. The requested supervisory authority should be obliged to respond…

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