Right to an effective judicial remedy against a controller or processor. 5. 12. 2. In the absence of a decision pursuant to Article 45(3), a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available. 2. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State lawshall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing; third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data; consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her; personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed; genetic data means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question; biometric data means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data; data concerning health means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status; as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment; as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation; representative means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article27, represents the controller or processor with regard to their respective obligations under this Regulation; enterprise means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity; group of undertakings means a controlling undertaking and its controlled undertakings; binding corporate rules means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity; supervisory authority means an independent public authority which is established by a Member State pursuant to Article51; supervisory authority concerned means a supervisory authority which is concerned by the processing of personal data because: the controller or processor is established on the territory of the MemberState of that supervisory authority; data subjects residing in the MemberState of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or. Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to this Chapter, by 25 May 2018 and, without delay, any subsequent amendment affecting them. Union or Member State law should provide for specific and suitable measures so as to protect the fundamental rights and the personal data of natural persons. issue opinions on codes of conduct drawn up at Union level pursuant to Article40(9); and. 4. 1. The reports shall be made public. The accreditation shall be issued for a maximum period of five years and may be renewed on the same conditions provided that the certification body meets the requirements set out in this Article. The General Data Protection Regulation (2016/679, "GDPR") is a Regulation in EU law on data protection and privacy in the EU and the European Economic Area (EEA). English version of Russian proverb "The hedgehogs got pricked, cried, but continued to eat the cactus". Each supervisory authority shall ensure that the imposition of administrative fines pursuant to this Article in respect of infringements of this Regulation referred to in paragraphs4, 5 and 6 shall in each individual case be effective, proportionate and dissuasive. Where processing is carried out in accordance with a legal obligation to which the controller is subject or where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, the processing should have a basis in Union or Member State law. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or. They shall be made available to the public, to the Commission and to the Board. Where a joint operation is intended and a supervisory authority does not, within one month, comply with the obligation laid down in the second sentence of paragraph2 of this Article, the other supervisory authorities may adopt a provisional measure on the territory of its Member State in accordance with Article 55. Where a competent court of a Member State has information on proceedings, concerning the same subject matter as regards processing by the same controller or processor, that are pending in a court in another MemberState, it shall contact that court in the other MemberState to confirm the existence of such proceedings. This Regulation respects and does not prejudice the status under existing constitutional law of churches and religious associations or communities in the Member States, as recognised in Article17 TFEU. The imposition of penalties including administrative fines should be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter, including effective judicial protection and due process. The supervisory authority should have its own staff, chosen by the supervisory authority or an independent body established by MemberState law, which should be subject to the exclusive direction of the member or members of the supervisory authority. Having regard to the Treaty on the Functioning of the European Union, and in particular Article16 thereof. The processing of personal data by those public authorities should comply with the applicable data-protection rules according to the purposes of the processing. The processing of special categories of personal data may be necessary for reasons of public interest in the areas of public health without consent of the data subject. Each Member State shall provide by law for all of the following: the establishment of each supervisory authority; the qualifications and eligibility conditions required to be appointed as member of each supervisory authority; the rules and procedures for the appointment of the member or members of each supervisory authority; the duration of the term of the member or members of each supervisory authority of no less than four years, except for the first appointment after 24 May 2016, part of which may take place for a shorter period where that is necessary to protect the independence of the supervisory authority by means of a staggered appointment procedure; whether and, if so, for how many terms the member or members of each supervisory authority is eligible for reappointment; the conditions governing the obligations of the member or members and staff of each supervisory authority, prohibitions on actions, occupations and benefits incompatible therewith during and after the term of office and rules governing the cessation of employment. Such processing of data concerning health for reasons of public interest should not result in personal data being processed for other purposes by third parties such as employers or insurance and banking companies. Where any of the other supervisory authorities concerned within a period of four weeks after having been consulted in accordance with paragraph 3 of this Article, expresses a relevant and reasoned objection to the draft decision, the lead supervisory authority shall, if it does not follow the relevant and reasoned objection or is of the opinion that the objection is not relevant or reasoned, submit the matter to the consistency mechanism referred to in Article 63. provisions to be inserted into administrative arrangements between public authorities or bodies which include enforceable and effective data subject rights. The proper functioning of the internal market requires that the free movement of personal data within the Union is not restricted or prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data. In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability; where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; from which source the personal data originate, and if applicable, whether it came from publicly accessible sources; the existence of automated decision-making, including profiling, referred to in Article22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. 4. Website HCPC Having consent | 2018 Article8(1) of the Charter of Fundamental Rights of the European Union (the Charter) and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of personal data concerning him or her. General conditions for the members of the supervisory authority. The main establishment of a controller in the Union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes and means of processing through stable arrangements. To further strengthen the control over his or her own data, where the processing of personal data is carried out by automated means, the data subject should also be allowed to receive personal data concerning him or her which he or she has provided to a controller in a structured, commonly used, machine-readable and interoperable format, and to transmit it to another controller. Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. For that purpose, the supervisory authorities should cooperate with each other and with the Commission, without the need for any agreement between MemberStates on the provision of mutual assistance or on such cooperation. These are the sources and citations used to research GDPR 2018 & Data Protection Bibliography. relevant and reasoned objection means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union; information society service means a service as defined in point(b) of Article1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council(19); international organisation means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries. The Commission shall be assisted by a committee. Factsheet -Overview, 2018), (Guide to the UK General Data Protection Regulation (UK GDPR), 2018), Create and edit multiple bibliographies. Complete access to The Bluebook: A Uniform System of Citation, the go-to guide for legal citation trusted by legal professionals since 1926.Redesigned on an accessible, mobile-optimized platform to support quick and easy searches, the new Bluebook Online is packed with new personalization features to fit your needs. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. The Commission shall ensure appropriate publicity for the approved codes which have been decided as having general validity in accordance with paragraph 9. 4. 5 - 11) Principles Art. The Commission shall publish in the Official Journal of the European Union and on its website a list of the third countries, territories and specified sectors within a third country and international organisations for which it has decided that an adequate level of protection is or is no longer ensured. This is without prejudice to existing Member State obligations to adopt rules on professional secrecy where required by Union law. The member or members of each supervisory authority shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody. The Board shall collate all approved codes of conduct, amendments and extensions in a register and shall make them publicly available by way of appropriate means. For scientific or historical research purposes or statistical purposes, the legitimate expectations of society for an increase of knowledge should be taken into consideration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article93(2). 6. Each processor and, where applicable, the processor's representative shall maintain a record of all categories of processing activities carried out on behalf of a controller, containing: the name and contact details of the processor or processors and of each controller on behalf of which the processor is acting, and, where applicable, of the controller's or the processor's representative, and the data protection officer; the categories of processing carried out on behalf of each controller; 3. 2. That periodic review should be conducted in consultation with the third country or international organisation in question and take into account all relevant developments in the third country or international organisation. For the purposes of this Regulation, the processing of personal data for scientific research purposes should be interpreted in a broad manner including for example technological development and demonstration, fundamental research, applied research and privately funded research. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. 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 those cases where its application is mandatory. THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION. 2. 2. The personal data should be adequate, relevant and limited to what is necessary for the purposes for which they are processed. The requested supervisory authority should be obliged to respond to the request within a specified time period. 3. Any supervisory authority, the Chair of the Board or the Commission may request that any matter of general application or producing effects in more than one MemberState be examined by the Board with a view to obtaining an opinion, in particular where a competent supervisory authority does not comply with the obligations for mutual assistance in accordance with Article61 or for joint operations in accordance with Article62. Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation. 6 Lawfulness of processing Art. Decisions adopted by the Commission on the basis of Article26(4) of Directive95/46/EC shall remain in force until amended, replaced or repealed, if necessary, by a Commission Decision adopted in accordance with paragraph2 of this Article. 3. 3. Derogations from the general prohibition for processing such special categories of personal data should be explicitly provided, inter alia, where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms. Where in the course of electoral activities, the operation of the democratic system in a MemberState requires that political parties compile personal data on people's political opinions, the processing of such data may be permitted for reasons of public interest, provided that appropriate safeguards are established. . The principles of fair and transparent processing require that the data subject be informed of the existence of the processing operation and its purposes. This Regulation does not apply to the processing of personal data by the MemberStates when carrying out activities in relation to the common foreign and security policy of the Union. Differences in the level of protection of the rights and freedoms of natural persons, in particular the right to the protection of personal data, with regard to the processing of personal data in the MemberStates may prevent the free flow of personal data throughout the Union. Files or sets of files, as well as their cover pages, which are not structured according to specific criteria should not fall within the scope of this Regulation. 7. However, such a legal basis or legislative measure should be clear and precise and its application should be foreseeable to persons subject to it, in accordance with the case-law of the Court of Justice of the European Union (the Court of Justice) and the European Court of Human Rights. What positional accuracy (ie, arc seconds) is necessary to view Saturn, Uranus, beyond? The data protection officer shall in the performance of his or her tasks have due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing. This Regulation shall be binding in its entirety and directly applicable in all MemberStates. How does one cite a book series/sequence? Without prejudice to Articles 82, 83 and 84, if a processor infringes this Regulation by determining the purposes and means of processing, the processor shall be considered to be a controller in respect of that processing. For the purpose of consenting to the participation in scientific research activities in clinical trials, the relevant provisions of Regulation (EU) No536/2014 of the European Parliament and of the Council(15) should apply. 5. MemberStates should notify such provisions to the Commission. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding. Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation. This should cover in particular the processing in the context of the activities of an establishment of the controller or processor on the territory of its own MemberState, the processing of personal data carried out by public authorities or private bodies acting in the public interest, processing affecting data subjects on its territory or processing carried out by a controller or processor not established in the Union when targeting data subjects residing on its territory. 2. 4. In such a case, no legal basis separate from that which allowed the collection of the personal data is required. The Whitepages section: citation rules for legal academic publications, including law journal articles. Where this Regulation does not harmonise administrative penalties or where necessary in other cases, for example in cases of serious infringements of this Regulation, MemberStates should implement a system which provides for effective, proportionate and dissuasive penalties. 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