EU GDPR Chapter 1 Article 3. Article 3 – Territorial scope. 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. It follows that controllers or processors subject to the GDPR under Art. 83 (4) lit a => Dossier: Data Protection Officer 1. Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation. The europa.eu webpage concerning GDPR can be found here. The EDPB also confirms that the appointment of a representative does not result in an "establishment", and thus does not trigger th… The europa.eu webpage concerning GDPR can be found here. 38 GDPR … Article 46 EU GDPR "Transfers subject to appropriate safeguards" => Recital: 108, 109 => administrative fine: Art. 15 GDPR Right of access by the data subject. Article 3 – Territorial scope. Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement … Chapter 3 (Art. Click here! Article 52 EU GDPR "Independence" => Recital: 118, 120 1. 83 (4) lit a => Dossier: Personal Data Breach 1. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to … Continue reading Art. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data … 35 GDPR … the monitoring of their behaviour as far as their behaviour takes place within the Union. 14 11 Art. 1The processor shall … Continue reading Art. Would you like to implement the EU General Data Protection Regulation step-by-step? 9. The General Data Protection Regulation is comprised of 99 Articles and 173 Recitals.Below you'll find a summary and brief explanation of each Article of the GDPR, organized by Chapter. Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection … Principles relating to processing of personal data, 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, Transparent information, communication and modalities for the exercise of the rights of the data subject, Information to be provided where personal data are collected from the data subject, Information to be provided where personal data have not been obtained from the data subject, Right to erasure (‘right to be forgotten’), Notification obligation regarding rectification or erasure of personal data or restriction of processing, Automated individual decision-making, including profiling, Representatives of controllers or processors not established in the Union, Processing under the authority of the controller or processor, Cooperation with the supervisory authority, Notification of a personal data breach to the supervisory authority, Communication of a personal data breach to the data subject, Designation of the data protection officer, Transfers of personal data to third countries or international organisations, Transfers on the basis of an adequacy decision, Transfers subject to appropriate safeguards, Transfers or disclosures not authorised by Union law, International cooperation for the protection of personal data, General conditions for the members of the supervisory authority, Rules on the establishment of the supervisory authority, Competence of the lead supervisory authority, Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Joint operations of supervisory authorities, 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, 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, Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Existing data protection rules of churches and religious associations, Relationship with previously concluded Agreements, Review of other Union legal acts on data protection. Article 29 Working Party European Data Protection Board Our Work & Tools Our documents Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version adopted after public consultation 1. If so the, http://www.privacy-regulation.eu/en/3.htm, https://www.privacyaffairs.com/gdpr-fines. The contract or the other legal act referred to in paragraphs 3 and 4 shall be in writing, including in electronic … The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: This is not an official EU Commission or Government resource. Final text of the GDPR including recitals. Do you want clear explanations of specific issues and well-thought-out checklists? Do you want to ensure you are data-protection-compliant? Where one of these two criteria is met, the relevant provisions of the GDPR will apply to the processing of personal data by … (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. Nothing found in … 3(1) are not required to appoint a representative. GDPR - The General Data Protection Regulation is a series of laws that were approved by the EU Parliament in 2016. A supervisory authority may adopt standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the consistency mechanism referred to in Article 63. In these guidelines, the EDPB sets out and clarifies the criteria for determining the application of the territorial scope of the GDPR. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: Contact us today to schedule a demo of DgSecure and find out how Dataguise can solve your GDPR & data privacy compliance challenges! 3(2) to appoint a representative under Art. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. They will come into affect on May 25th 2018. Processor 1. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall … Through a common interpretation by data protection authorities in the EU, these guidelines seek to ensure a consistent application of the GDPR when assessing whether particular processing by a controller or a processor falls within the scope of the new EU legal framework. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject; Art. Home » Legislation » GDPR » Article 3. 27. Article 16: Right to rectification This is not an official EU Commission or Government resource. 35 GDPR Data protection impact assessment. 83 (5) lit c => Dossier: Data Protection Guarantee, Transfer To Third Countries 1. Article 3 of the GDPR defines the territorial scope of the Regulation on the basis of two main criteria: the “establishment” criterion, as per Article 3(1 ), and the “targeting” criterion as per Article 3(2). This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the … The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. 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. Article 28. Pursuant to Article 33 (1), any personal data breach, as defined in Article 4 (12 of the Regulation, i.e., “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauth… Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of … Continue reading Art. 13 GDPR … The GDPR also applies to data controllers and processors outside of the European Economic Area (EEA) if they are engaged in the "offering of goods or services" (regardless of whether a payment is required) to data subjects within the EEA, or are monitoring the behaviour of data subjects within the EEA (Article 3(2)). The, (a) 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. This Regulation applies to the processing of personal data of data subjects who are in the … Continue reading Art. Article 38 EU GDPR "Position of the data protection officer" => Article: 35 => Recital: 97 => administrative fine: Art. Such a c… The European Data Protection Regulation is … This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. Unfortunately, Brussels has not provided a clear overview of the 99 articles and … 13 11 Art. 8. 83 (4) lit a => Dossier: Processing On Behalf, Processing On Behalf (Controller), Obligation 1. OJ L 127, 23.5.2018 as a neatly arranged website. GDPR Article 99 Section 1: Transparency and modalities Article 12 — Transparent information, communication and modalities for the … Art. Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry … The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. GDPR.EU is a website operated by Proton Technologies AG, which is co-funded by Project REP-791727-1 of the Horizon 2020 Framework Programme of the European Union. Article 3 EU GDPR Territorial scope. 12 11 Art. Nothing found in this portal … Welcome to gdpr-info.eu. The guidelines expressly require controllers or processors outside of the EU and subject to the GDPR pursuant to Art. GDPR.EU is a website operated by Proton Technologies AG, which is co-funded by Project REP-791727-1 of the Horizon 2020 Framework Programme of the European Union. Article 3. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. 13 GDPR – Information to be provided where personal data are collected from the data subject Article 13: Information to be provided where personal data are collected from the data subject; Article 14: Information to be provided where personal data have not been obtained from the data subject; Article 15: Right of access by the data subject; Section 3 : Rectification and erasure. Article 34 EU GDPR "Communication of a personal data breach to the data subject" => Article: 4 => Recital: 75, 86, 87, 88 => administrative fine: Art. We've strived to explain each Article in the most clear and simple way so you can get a basic understanding of what the Article dictates … 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 … 1Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the … Continue reading Art. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. We are a consulting company specialised in the fields of data protection, IT security and IT forensics. Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. Article 7 - Conditions for consent - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. 9 GDPRProcessing of special categories of personal data. 12-23) Rights of the data subject. About GDPR.EU . This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. 13 11 Art. 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