Category: Uncategorized

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Recital 171 Repeal of Directive 95/46/EC and transitional provisions Directive 95/46/EC should be repealed by this Regulation.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 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 154 – Principle of public access to official documents

Recital 154 Principle of public access to official documents This Regulation allows the principle of public access to official documents to be taken into account when applying this Regulation….

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Recital 156 – Processing for archiving, scientific or historical research or statistical purposes

Recital 156 Processing for archiving, scientific or historical research or statistical purposes The processing of personal data for archiving purposes in the public interest, scientific or historical research purposes…

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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 159 – Processing for scientific research purposes

Recital 159 Processing for scientific research purposes Where personal data are processed for scientific research purposes, this Regulation should also apply to that processing. For the purposes of this…

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Recital 160 – Processing for historical research purposes

Recital 160 Processing for historical research purposes Where personal data are processed for historical research purposes, this Regulation should also apply to that processing. This should also include historical…

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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 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 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 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 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 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 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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