EU GDPR Chapter 2 Article 6 Article 6 – Lawfulness of processing Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Each controller and, where applicable, the controller's representative, shall maintain a record of processing activities under its responsibility. 1 of the General Data Protection Regulation (GDPR) and several provisions of the Austrian Data Protection Act (DSG). Polski . Sprinklr sees no relevant changes in the legal foundation of such data processing operations. Existing data protection rules of churches and religious associations, Article 95. Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in Chapter IX. Kurfürstendamm 56 Art. The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or processor in the EU, regardless of whether the processing takes place in the EU. 3(1)of the GDPR contains the main provision for the application of the GDPR. Article 6 - Lawfulness of processing - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. 32 GDPR … 20 Little Britain 3 That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. 4. Right to an effective judicial remedy against a controller or processor, Article 80. 1 p. 1 lit. Joint operations of supervisory authorities, Article 65. The GDPR sets a high standard for ‘consent’ that, if relied on as a legal basis for processing under Art. Art. Data protection by design and by default, Article 27. General conditions for imposing administrative fines, Article 85. European Data Protection Board, Article 77. The free movement of … Continue reading Art. Designation of the data protection officer, Article 38. Transfers or disclosures not authorised by Union law, Article 49. Member State law to which the controller is subject. 2 An English … 6. Art. 28(3) is punishable by fine, but an addressee of the obligation is missing from the clause. Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Article 62. All Articles of the GDPR are linked with suitable recitals. The legal basis for the permissibility of these advertising measures are Art. Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Article 91. Français. Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement … Article 25 EU GDPR "Data protection by design and by default" => Article: 5 => Recital: 78 => administrative fine: Art. Transfers on the basis of an adequacy decision, Article 46. a reprimand for violation of Art. Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject's consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia: (a)    any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; (b)    the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; (c)    the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10; (d)    the possible consequences of the intended further processing for data subjects; (e)    the existence of appropriate safeguards, which may include encryption or pseudonymisation. Processing national identification numbers can be carried out in accordance with Art. The Commission should monitor the functioning of decisions on the level of protection in a third country, a territory or specified sector within a third country, or an international organisation, and monitor the functioning of decisions adopted on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC. Processing of the national identification number, Article 88. Right of access by the data subject, Article 17. 60 - 76), Section 3 – European data protection board, CHAPTER VIII – Remedies, liability and penalties (Art. 83 (4) lit a => Dossier: Records of processing activities 1. 6(f) GDPR (legitimate interest … 13 – 15) Information and access to personal data On October 21, 2020, China published a draft of its Personal Information Protection Law (个人信息保护法, the Draft PIPL), and invited public comment through November 19. 4 The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued. activeMind.legal UK Ltd. Representatives of controllers or processors not established in the Union, Article 29. Dispute resolution by the Board, Article 68. London, EC1A7DH Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and … 1 GDPR … 12 - 23), Section 2 – Information and access to personal data, Section 4 – Right to object and automated individual decision-making, CHAPTER IV – Controller and processor (Art. 7 GDPR – Conditions for consent Art. Indeed, the GDPR provides for the legal grounds to enable the employers and the competent public health authorities to process personal data in the … activeMind.legal 83 (4) lit a 1. 1 lit. Responsibility of the controller, Article 25. The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). 6 GDPR Lawfulness of processing Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Although the GDPR has a limited set of obligations for processors, also processor should take organizational and technical measures to ensure compliance that do apply to processors. Wyrażam zgodę na przetwarzanie moich danych osobowych w celu rekrutacji zgodnie z art. Principles relating to processing of personal data, Article 8. Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks. English (GB) Português. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. 51 - 59), CHAPTER VII – Cooperation and consistency (Art. Such comments should be sent to EDPB@edpb.europa.eu by 24/05/2019 at the latest.. To reply, … Transfers subject to appropriate safeguards, Article 48. Processing under the authority of the controller or processor, Article 30. Welcome to gdpr-info.eu. General Data Protection Regulation (GDPR) Art. Processing of personal data relating to criminal convictions and offences, Article 11. Phone: +49 (0) 89 / 919 29 49 00, Berlin Office Competence of the lead supervisory authority, Article 60. 6 GDPR – Lawfulness of processing | General Data Protection Regulation (GDPR) Art. You must have a valid lawful basis in order to process personal data. 83 (5) lit c 1. Do you need support in implementing data protection requirements in your company? The European Data Protection Board welcomes comments on the Guidelines 2/2019 on on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects. Processing in the context of employment, Article 89. The scale of the collection and shar ing of personal data has increased significantly. 6(1)(f) GDPR, the following safeguards must be available: 2 Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks. Cooperation with the supervisory authority, Article 33. You might even have attempted to read the source European Parliament on General Data Protection Regulation 4.5.2016 L 119/1 only to find that the human nervous system was designed to violently reject exposure to such dense legalese.. Right to restriction of processing, Article 19. Rules on the establishment of the supervisory authority, Article 56. Processing shall be lawful only if and to the extent that at least one of the following applies: (a)    the data subject has given consent to the processing of his or her personal data for one or more specific purposes; (b)    processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (c)    processing is necessary for compliance with a legal obligation to which the controller is subject; (d)    processing is necessary in order to protect the vital interests of the data subject or of another natural person; (e)    processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (f)    processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. 77 - 84), CHAPTER IX – Provisions relating to specific processing situations (Art. 6 (f) GDPR. Communication of a personal data breach to the data subject, Article 35. 1 lit. 6 GDPR Lawfulness of processing 1 Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific … 5(1)(b) (purpose limitation) and Art. To avoid circumvention of the GDPR, Art. Processing and public access to official documents, Article 87. 6 (1) lit. 1 - 4), CHAPTER III – Rights of the data subject (Art. 3(2) provides that the GDPR also applies to the processing of personal data of data subj… The General Data Protection Regulation (GDPR), the Data Protection Law Enforcement Directive and other rules concerning the protection of personal data International dimension of data protection International data protection agreements, EU-US privacy shield, transfer of passenger name record data. 10707 Berlin, Germany 83 (4) lit a => Dossier: Processing On Behalf, Processing On Behalf (Controller), Obligation 1. Entry into force and application. 6 para. Objection or revocation against the processing of your data 85 - 91), CHAPTER X – Delegated acts and implementing acts (Art. Conditions applicable to child's consent in relation to information society services, Article 9. In this context, the Working Party also supports the principled approach chosen in the Proposed Regulation of broad prohibitions and narrow exceptions and believes that the introduction of open-ended exceptions along the lines of Article 6 GDPR, and in particular Art. a and c as well as Art. The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by: (b)    Member State law to which the controller is subject. the data subject has given consent to the processing of his or her personal data for one or more specific purposes; processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; processing is necessary for compliance with a legal obligation to which the controller is subject; processing is necessary in order to protect the vital interests of the data subject or of another natural person; processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Processing and freedom of expression and information, Article 86. It also addresses the transfer of personal data outside the EU and EEA areas. Relationship with Directive 2002/58/EC, Article 96. Information to be provided where personal data are collected from the data subject, Article 14. Representation of data subjects, Article 82. Art. The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Monitoring of approved codes of conduct, Article 44. The European Data Protection Regulation is … General conditions for the members of the supervisory authority, Article 54. Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject’s consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia: any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10; the possible consequences of the intended further processing for data subjects; the existence of appropriate safeguards, which may include encryption or pseudonymisation. Where processing is carried out for the purpose set out under Art. Article 5. Right to erasure (‘right to be forgotten’), Article 18. Right to compensation and liability, Article 83. 6 GDPR – Lawfulness of processing Art. OJ L 127, 23.5.2018 as a neatly arranged website. Transfers of personal data to third countries or international organisations, Provisions relating to specific processing situations, Share this Committee procedure CHAPTER XI Final provisions Art 94 - 99 Article 94. The concept of “legitimate interest” and the associated balancing of interests are regulated under Art. Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in Chapter IX. 2 The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 5 GDPR – Principles relating to processing of personal data Art. 24 - 43), Section 3 – Data protection impact assessment and prior consultation, Section 5 – Codes of conduct and certification, CHAPTER V – Transfers of personal data to third countries or international organisations (Art. Relationship with previously concluded Agreements, Article 98. Review of other Union legal acts on data protection, Article 99. Article 30 EU GDPR "Records of processing activities" => Recital: 13, 39, 82 => administrative fine: Art. Notification obligation regarding rectification or erasure of personal data or restriction of processing, Article 22. 2. 80802 München, Germany Right to lodge a complaint with a supervisory authority, Article 78. 1. 6) Non-compliance with art. The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued. Notification of a personal data breach to the supervisory authority, Article 34. 3. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. No single basis is ’better’ or more important than the others – which basis is most appropriate to use will depend on your purpose and relationship with the individual. Art. Technology allows both pr ivate companies and public author ities to make use of personal data on an unprecedented scale in … a Rozporządzenia Parlamentu Europejskiego i Rady (UE) 2016/679 z dnia 27 kwietnia 2016 r. w sprawie ochrony osób fizycznych w związku z przetwarzaniem danych osobowych i w sprawie … 1 p. lit. 6 sec. CHAPTER X Delegated acts and implementing acts Art 92 - 93 Article 92. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. Tasks of the data protection officer, Article 41. Transparent information, communication and modalities for the exercise of the rights of the data subject, Article 13. That record shall contain all … 12) Transparency and modalities; Article 12 – Transparent information, communication and modalities for the exercise of the rights of the data subject; Section 2 (Art. 12 – 23) Rights of the data subject; Section 1 (Art. Automated individual decision-making, including profiling, Article 24. 50 GDPR – International cooperation for the protection of personal data; Chapter 6 (Art. 51 GDPR – Supervisory authority; Art. 6 ust. Potsdamer Straße 3 Processing which does not require identification, Article 12. activeMind.legal a of the GDPR, must be freely given, specific, informed and unambiguous. Repeal of Directive 95/46/EC Article 95. The controller has violated Art. (6) Rapid technological developments and globalisation have brought new challenges for the protection of personal data. Article 28 EU GDPR "Processor" => Article: 4 => Recital: 81 => administrative fine: Art. Records of processing activities, Article 31. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data. CHAPTER I – General provisions (Art. 8 GDPR – Conditions applicable to child’s consent in relation to information society services 51-59) Independent supervisory authorities. Home » Legislation » GDPR » Article 6 Article 6 – Lawfulness of processing 1 Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Processing of special categories of personal data, Article 10. Data protection impact assessment, Article 37. a GDPR. This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. PART 6. Section 1Independent status Article 51Supervisory authority Article 52Independence Article 53General conditions for the members of the supervisory authority Article 54Rules on the establishment of the supervisory authority Section 2Competence, tasks and powers Article 55Competence Article 56Competence of the lead … 6(4) (insufficient legal basis) GDPR to a candidate to local elections for the further use of personal data initially collected as part of its membership to a Whatsapp group to send materials in relation to his electoral campaign; Chapter 3 (Art. 44 - 50), CHAPTER VI – Independent supervisory authorities (Art. 6(1) GDPR. The GDPR is a broad legislation and also provides for the rules to apply to the processing of personal data in a context such as the one relating to COVID-19. Due to these administrative offences, the Limited Liability Company as a controller is imposed administrative fines to the total amount of € …