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Article 5 - Principles relating to processing of personal dataArticle 6 - Lawfulness of processingArticle 7 - Conditions for consentArticle 8 - Conditions applicable to child's consent in relation to information society servicesArticle 9 - Processing of special categories of personal dataArticle 10 - Processing of personal data relating to criminal convictions and offencesArticle 11 - Processing which does not require identification
Section 1 - Transparency and modalities
Article 12 - Transparent information, communication and modalities for the exercise of the rights of the data subjectSection 2 - Information and access to personal data
Article 13 - Information to be provided where personal data are collected from the data subjectArticle 14 - Information to be provided where personal data have not been obtained from the data subjectArticle 15 - Right of access by the data subjectSection 3 - Rectification and erasure
Article 16 - Right to rectificationArticle 17 - Right to erasure (‘right to be forgotten’)Article 18 - Right to restriction of processingArticle 19 - Notification obligation regarding rectification or erasure of personal data or restriction of processingArticle 20 - Right to data portabilitySection 4 - Right to object and automated individual decision-making
Article 21 - Right to objectArticle 22 - Automated individual decision-making, including profilingSection 5 - Restrictions
Article 23 - RestrictionsSection 1 - General obligations
Article 24 - Responsibility of the controllerArticle 25 - Data protection by design and by defaultArticle 26 - Joint controllersArticle 27 - Representatives of controllers or processors not established in the UnionArticle 28 - ProcessorArticle 29 - Processing under the authority of the controller or processorArticle 30 - Records of processing activitiesArticle 31 - Cooperation with the supervisory authoritySection 2 - Security of personal data
Article 32 - Security of processingArticle 33 - Notification of a personal data breach to the supervisory authorityArticle 34 - Communication of a personal data breach to the data subjectSection 3 - Data protection impact assessment and prior consultation
Article 35 - Data protection impact assessmentArticle 36 - Prior consultationSection 4 - Dat a protection officer
Article 37 - Designation of the data protection officerArticle 38 - Position of the data protection officerArticle 39 - Tasks of the data protection officerSection 5 - Codes of conduct and certification
Article 40 - Codes of conductArticle 41 - Monitoring of approved codes of conductArticle 42 - CertificationArticle 43 - Certification bodiesArticle 44 - General principle for transfersArticle 45 - Transfers on the basis of an adequacy decisionArticle 46 - Transfers subject to appropriate safeguardsArticle 47 - Binding corporate rulesArticle 48 - Transfers or disclosures not authorised by Union lawArticle 49 - Derogations for specific situationsArticle 50 - International cooperation for the protection of personal data
Section 1 - Independent status
Article 51 - Supervisory authorityArticle 52 - IndependenceArticle 53 - General conditions for the members of the supervisory authorityArticle 54 - Rules on the establishment of the supervisory authoritySection 2 - Competence, tasks and powers
Article 55 - CompetenceArticle 56 - Competence of the lead supervisory authorityArticle 57 - TasksArticle 58 - PowersArticle 59 - Activity reportsSection 1 - Cooperation
Article 60 - Cooperation between the lead supervisory authority and the other supervisory authorities concernedArticle 61 - Mutual assistanceArticle 62 - Joint operations of supervisory authoritiesSection 2 - Consistency
Article 63 - Consistency mechanismArticle 64 - Opinion of the BoardArticle 65 - Dispute resolution by the BoardArticle 66 - Urgency procedureArticle 67 - Exchange of informationSection 3 - European data protection board
Article 68 - European Data Protection BoardArticle 69 - IndependenceArticle 70 - Tasks of the BoardArticle 71 - ReportsArticle 72 - ProcedureArticle 73 - ChairArticle 74 - Tasks of the ChairArticle 75 - SecretariatArticle 76 - ConfidentialityArticle 77 - Right to lodge a complaint with a supervisory authorityArticle 78 - Right to an effective judicial remedy against a supervisory authorityArticle 79 - Right to an effective judicial remedy against a controller or processorArticle 80 - Representation of data subjectsArticle 81 - Suspension of proceedingsArticle 82 - Right to compensation and liabilityArticle 83 - General conditions for imposing administrative finesArticle 84 - Penalties
Article 85 - Processing and freedom of expression and informationArticle 86 - Processing and public access to official documentsArticle 87 - Processing of the national identification numberArticle 88 - Processing in the context of employmentArticle 89 - Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposesArticle 90 - Obligations of secrecyArticle 91 - Existing data protection rules of churches and religious associations
Article 40
Codes of conduct
1. The Member States, the supervisory authorities, the Board and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various processing sectors and the specific needs of micro, small and medium-sized enterprises.
2. Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to:
(a) fair and transparent processing;
(b) the legitimate interests pursued by controllers in specific contexts;
(c) the collection of personal data;
(d) the pseudonymisation of personal data;
(e) the information provided to the public and to data subjects;
(f) the exercise of the rights of data subjects;
(g) the information provided to, and the protection of, children, and the manner in which the consent of the holders of parental responsibility over children is to be obtained;
(h) the measures and procedures referred to in Articles 24 and 25 and the measures to ensure security of processing referred to in Article 32;
(i) the notification of personal data breaches to supervisory authorities and the communication of such personal data breaches to data subjects;
(j) the transfer of personal data to third countries or international organisations; or
(k) out-of-court proceedings and other dispute resolution procedures for resolving disputes between controllers and data subjects with regard to processing, without prejudice to the rights of data subjects pursuant to Articles 77 and 79.
3. In addition to adherence by controllers or processors subject to this Regulation, codes of conduct approved pursuant to paragraph 5 of this Article and having general validity pursuant to paragraph 9 of this Article may also be adhered to by controllers or processors that are not subject to this Regulation pursuant to Article 3 in order to provide appropriate safeguards within the framework of personal data transfers to third countries or international organisations under the terms referred to in point (e) of Article 46(2). Such controllers or processors shall make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those appropriate safeguards including with regard to the rights of data subjects.
4. A code of conduct referred to in paragraph 2 of this Article shall contain mechanisms which enable the body referred to in Article 41(1) to carry out the mandatory monitoring of compliance with its provisions by the controllers or processors which undertake to apply it, without prejudice to the tasks and powers of supervisory authorities competent pursuant to Article 55 or 56.
5. Associations and other bodies referred to in paragraph 2 of this Article which intend to prepare a code of conduct or to amend or extend an existing code shall submit the draft code, amendment or extension to the supervisory authority which is competent pursuant to Article 55. The supervisory authority shall provide an opinion on whether the draft code, amendment or extension complies with this Regulation and shall approve that draft code, amendment or extension if it finds that it provides sufficient appropriate safeguards.
6. Where the draft code, or amendment or extension is approved in accordance with paragraph 5, and where the code of conduct concerned does not relate to processing activities in several Member States, the supervisory authority shall register and publish the code.
7. Where a draft code of conduct relates to processing activities in several Member States, the supervisory authority which is competent pursuant to Article 55 shall, before approving the draft code, amendment or extension, submit it in the procedure referred to in Article 63 to the Board which shall provide an opinion on whether the draft code, amendment or extension complies with this Regulation or, in the situation referred to in paragraph 3 of this Article, provides appropriate safeguards.
8. Where the opinion referred to in paragraph 7 confirms that the draft code, amendment or extension complies with this Regulation, or, in the situation referred to in paragraph 3, provides appropriate safeguards, the Board shall submit its opinion to the Commission.
9. The Commission may, by way of implementing acts, decide that the approved code of conduct, amendment or extension submitted to it pursuant to paragraph 8 of this Article have general validity within the Union. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2).
10. The Commission shall ensure appropriate publicity for the approved codes which have been decided as having general validity in accordance with paragraph 9.
11. 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.
