General Data Protection Regulation
Table of Contents
Principles relating to processing of personal data
Lawfulness of processing
Conditions for consent
Conditions applicable to child's consent in relation to information society services
Processing of special categories of personal data
Processing of personal data relating to criminal convictions and offences
Processing which does not require identification
Rights of the data subject
Transparency and modalities
Information and access to personal data
Rectification and erasure
Right to object and automated individual decision-making
Controller and processor
Responsibility of the controller
Data protection by design and by default
Representatives of controllers or processors not established in the Union
Processing under the authority of the controller or processor
Records of processing activities
Cooperation with the supervisory authority
Security of personal data
Data protection impact assessment and prior consultation
Data protection officer
Codes of conduct and certification
Transfers of personal data to third countries or international organisations
General principle for transfers
Transfers on the basis of an adequacy decision
Transfers subject to appropriate safeguards
Binding corporate rules
Transfers or disclosures not authorised by Union law
Derogations for specific situations
International cooperation for the protection of personal data
Independent supervisory authorities
Competence, tasks and powers
Cooperation and consistency
European data protection board
Remedies, liability and penalties
Right to lodge a complaint with a supervisory authority
Right to an effective judicial remedy against a supervisory authority
Right to an effective judicial remedy against a controller or processor
Representation of data subjects
Suspension of proceedings
Right to compensation and liability
General conditions for imposing administrative fines
Provisions relating to specific processing situations
Processing and freedom of expression and information
Processing and public access to official documents
Processing of the national identification number
Processing in the context of employment
Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
Obligations of secrecy
Existing data protection rules of churches and religious associations
Delegated acts and implementing acts
Official GDPR Summary
A transfer of personal data to a third country or an international organisation may take place where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection. Such a transfer shall not require any specific authorisation.
When assessing the adequacy of the level of protection, the Commission shall, in particular, take account of the following elements:
the rule of law, respect for human rights and fundamental freedoms, relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another third country or international organisation which are complied with in that country or international organisation, case-law, as well as effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data are being transferred;
the existence and effective functioning of one or more independent supervisory authorities in the third country or to which an international organisation is subject, with responsibility for ensuring and enforcing compliance with the data protection rules, including adequate enforcement powers, for assisting and advising the data subjects in exercising their rights and for cooperation with the supervisory authorities of the Member States; and
the international commitments the third country or international organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in particular in relation to the protection of personal data.
The Commission, after assessing the adequacy of the level of protection, may decide, by means of implementing act, that a third country, a territory or one or more specified sectors within a third country, or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 of this Article. The implementing act shall provide for a mechanism for a periodic review, at least every four years, which shall take into account all relevant developments in the third country or international organisation. The implementing act shall specify its territorial and sectoral application and, where applicable, identify the supervisory authority or authorities referred to in point (b) of paragraph 2 of this Article. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 93(2).
The Commission shall, on an ongoing basis, monitor developments in third countries and international organisations that could affect the functioning of decisions adopted pursuant to paragraph 3 of this Article and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC.
The Commission shall, where available information reveals, in particular following the review referred to in paragraph 3 of this Article, that a third country, a territory or one or more specified sectors within a third country, or an international organisation no longer ensures an adequate level of protection within the meaning of paragraph 2 of this Article, to the extent necessary, repeal, amend or suspend the decision referred to in paragraph 3 of this Article by means of implementing acts without retro-active effect. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).
On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 93(3).
The Commission shall enter into consultations with the third country or international organisation with a view to remedying the situation giving rise to the decision made pursuant to paragraph 5.
A decision pursuant to paragraph 5 of this Article is without prejudice to transfers of personal data to the third country, a territory or one or more specified sectors within that third country, or the international organisation in question pursuant to Articles 46 to 49.
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.
Decisions adopted by the Commission on the basis of Article 25(6) of Directive 95/46/EC shall remain in force until amended, replaced or repealed by a Commission Decision adopted in accordance with paragraph 3 or 5 of this Article.