General Data Protection Regulation (GDPR)
GDPR Table of contents
- Chapter 1 (Art. 1 – 4)
General provisions
- Chapter 2 (Art. 5-11)
Principles
- Art. 5 GDPR – Principles relating to processing of personal data
- Art. 6 GDPR – Lawfulness of processing
- Art. 7 GDPR – Conditions for consent
- Art. 8 GDPR – Conditions applicable to child’s consent in relation to information society services
- Art. 9 GDPR – Processing of special categories of personal data
- Art. 10 GDPR – Processing of personal data relating to criminal convictions and offences
- Art. 11 GDPR – Processing which does not require identification
- Chapter 3 (Art. 12-23)
Rights of the data subject
- Art. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject
- Art. 13 GDPR – Information to be provided where personal data are collected from the data subject
- Art. 14 GDPR – Information to be provided where personal data have not been obtained from the data subject
- Art. 15 GDPR – Right of access by the data subject
- Art. 16 GDPR – Right to rectification
- Art. 17 GDPR – Right to erasure (‘right to be forgotten’)
- Art. 18 GDPR – Right to restriction of processing
- Art. 19 GDPR – Notification obligation regarding rectification or erasure of personal data or restriction of processing
- Art. 20 GDPR – Right to data portability
- Art. 21 GDPR – Right to object
- Art. 22 GDPR – Automated individual decision-making, including profiling
- Art. 23 GDPR – Restrictions
- Chapter 4 (Art. 24-43)
Controller and processor
- Art. 24 GDPR – Responsibility of the controller
- Art. 25 GDPR – Data protection by design and by default
- Art. 26 GDPR – Joint controllers
- Art. 27 GDPR – Representatives of controllers or processors not established in the Union
- Art. 28 GDPR – Processor
- Art. 29 GDPR – Processing under the authority of the controller or processor
- Art. 30 GDPR – Records of processing activities
- Art. 31 GDPR – Cooperation with the supervisory authority
- Art. 32 GDPR – Security of processing
- Art. 33 GDPR – Notification of a personal data breach to the supervisory authority
- Art. 34 GDPR – Communication of a personal data breach to the data subject
- Art. 35 GDPR – Data protection impact assessment
- Art. 36 GDPR – Prior consultation
- Art. 37 GDPR – Designation of the data protection officer
- Art. 38 GDPR – Position of the data protection officer
- Art. 39 GDPR – Tasks of the data protection officer
- Art. 40 GDPR – Codes of conduct
- Art. 41 GDPR – Monitoring of approved codes of conduct
- Art. 42 GDPR – Certification
- Art. 43 GDPR – Certification bodies
- Chapter 5 (Art. 44-50)
Transfers of personal data to third countries or international organisations
- Art. 44 GDPR – General principle for transfers
- Art. 45 GDPR – Transfers on the basis of an adequacy decision
- Art. 46 GDPR – Transfers subject to appropriate safeguards
- Art. 47 GDPR – Binding corporate rules
- Art. 48 GDPR – Transfers or disclosures not authorised by Union law
- Art. 49 GDPR – Derogations for specific situations
- Art. 50 GDPR – International cooperation for the protection of personal data
- Chapter 6 (Art. 51-59)
Independent supervisory authorities
- Art. 51 GDPR – Supervisory authority
- Art. 52 GDPR – Independence
- Art. 53 GDPR – General conditions for the members of the supervisory authority
- Art. 54 GDPR – Rules on the establishment of the supervisory authority
- Art. 55 GDPR – Competence
- Art. 56 GDPR – Competence of the lead supervisory authority
- Art. 57 GDPR – Tasks
- Art. 58 GDPR – Powers
- Art. 59 GDPR – Activity reports
- Chapter 7 (Art. 60-76)
Cooperation and consistency
- Art. 61 GDPR – Mutual assistance
- Art. 62 GDPR – Joint operations of supervisory authorities
- Art. 63 GDPR – Consistency mechanism
- Art. 64 GDPR – Opinion of the Board
- Art. 66 GDPR – Urgency procedure
- Art. 67 GDPR – Exchange of information
- Art. 60 GDPR – Cooperation between the lead supervisory authority and the other supervisory authorities concerned
- Art. 68 GDPR – European Data Protection Board
- Art. 69 GDPR – Independence
- Art. 70 GDPR – Tasks of the Board
- Art. 71 GDPR – Reports
- Art. 72 GDPR – Procedure
- Art. 73 GDPR – Chair
- Art. 74 GDPR – Tasks of the Chair
- Art. 75 GDPR – Secretariat
- Art. 76 GDPR – Confidentiality
- Chapter 8 (Art. 77-84)
Remedies, liability and penalties
- Art. 81 GDPR – Suspension of proceedings
- Art. 77 GDPR – Right to lodge a complaint with a supervisory authority
- Art. 78 GDPR – Right to an effective judicial remedy against a supervisory authority
- Art. 79 GDPR – Right to an effective judicial remedy against a controller or processor
- Art. 80 GDPR – Representation of data subjects
- Art. 82 GDPR – Right to compensation and liability
- Art. 83 GDPR – General conditions for imposing administrative fines
- Art. 84 GDPR – Penalties
- Chapter 9 (Art. 85-91)
Provisions relating to specific processing situations
- Art. 85 GDPR – Processing and freedom of expression and information
- Art. 86 GDPR – Processing and public access to official documents
- Art. 87 GDPR – Processing of the national identification number
- Art. 88 GDPR – Processing in the context of employment
- Art. 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
- Art. 90 GDPR – Obligations of secrecy
- Art. 91 GDPR – Existing data protection rules of churches and religious associations
- Chapter 10 (Art. 92-93)
Delegated acts and implementing acts
- Chapter 11 (Art. 94-99)
Final provisions
- Art. 94 GDPR – Repeal of Directive 95/46/EC
- Art. 95 GDPR – Relationship with Directive 2002/58/EC
- Art. 96 GDPR – Relationship with previously concluded Agreements
- Art. 97 GDPR – Commission reports
- Art. 98 GDPR – Review of other Union legal acts on data protection
- Art. 99 GDPR – Entry into force and application
1511
Art. 47 GDPRBinding corporate rules
- The competent supervisory authority shall approve binding corporate rules in accordance with the consistency mechanism set out inArticle 63, provided that they:
- are legally binding and apply to and are enforced by every member concerned of the group of undertakings, or group of enterprises engaged in a joint economic activity, including their employees;
- expressly confer enforceable rights on data subjects with regard to the processing of their personal data; and
- fulfil the requirements laid down in paragraph 2.
- The binding corporate rules referred to in paragraph 1 shall specify at least:
- the structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic activity and of each of its members;
- the data transfers or set of transfers, including the categories of personal data, the type of processing and its purposes, the type of data subjects affected and the identification of the third country or countries in question;
- their legally binding nature, both internally and externally;
- the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, legal basis for processing, processing of special categories of personal data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by the binding corporate rules;
- the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to be subject to decisions based solely on automated processing, including profiling in accordance withArticle 22, the right to lodge a complaint with the competent supervisory authority and before the competent courts of the Member States in accordance withArticle 79, and to obtain redress and, where appropriate, compensation for a breach of the binding corporate rules;
- the acceptance by the controller or processor established on the territory of a Member State of liability for any breaches of the binding corporate rules by any member concerned not established in the Union; the controller or the processor shall be exempt from that liability, in whole or in part, only if it proves that that member is not responsible for the event giving rise to the damage;
- how the information on the binding corporate rules, in particular on the provisions referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects in addition toArticles 13 and14;
- the tasks of any data protection officer designated in accordance withArticle 37 or any other person or entity in charge of the monitoring compliance with the binding corporate rules within the group of undertakings, or group of enterprises engaged in a joint economic activity, as well as monitoring training and complaint-handling;
- the complaint procedures;
- the mechanisms within the group of undertakings, or group of enterprises engaged in a joint economic activity for ensuring the verification of compliance with the binding corporate rules. Such mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. Results of such verification should be communicated to the person or entity referred to in point (h) and to the board of the controlling undertaking of a group of undertakings, or of the group of enterprises engaged in a joint economic activity, and should be available upon request to the competent supervisory authority;
- the mechanisms for reporting and recording changes to the rules and reporting those changes to the supervisory authority;
- the cooperation mechanism with the supervisory authority to ensure compliance by any member of the group of undertakings, or group of enterprises engaged in a joint economic activity, in particular by making available to the supervisory authority the results of verifications of the measures referred to in point (j);
- the mechanisms for reporting to the competent supervisory authority any legal requirements to which a member of the group of undertakings, or group of enterprises engaged in a joint economic activity is subject in a third country which are likely to have a substantial adverse effect on the guarantees provided by the binding corporate rules; and
- the appropriate data protection training to personnel having permanent or regular access to personal data.
- The Commission may specify the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules within the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out inArticle 93(2).
