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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 43
Certification bodies
1. Without prejudice to the tasks and powers of the competent supervisory authority under Articles 57 and 58, certification bodies which have an appropriate level of expertise in relation to data protection shall, after informing the supervisory authority in order to allow it to exercise its powers pursuant to point (h) of Article 58(2) where necessary, issue and renew certification. Member States shall ensure that those certification bodies are accredited by one or both of the following:
(a) the supervisory authority which is competent pursuant to Article 55 or 56;
(b) the national accreditation body named in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council (1) in accordance with EN-ISO/IEC 17065/2012 and with the additional requirements established by the supervisory authority which is competent pursuant to Article 55 or 56.
2. Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have:
(a) demonstrated their independence and expertise in relation to the subject-matter of the certification to the satisfaction of the competent supervisory authority;
(1) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(b) undertaken to respect the criteria referred to in Article 42(5) and approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63;
(c) established procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks;
(d) established procedures and structures to handle complaints about infringements of the certification or the manner in which the certification has been, or is being, implemented by the controller or processor, and to make those procedures and structures transparent to data subjects and the public; and
(e) demonstrated, to the satisfaction of the competent supervisory authority, that their tasks and duties do not result in a conflict of interests.
3. The accreditation of certification bodies as referred to in paragraphs 1 and 2 of this Article shall take place on the basis of criteria approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63. In the case of accreditation pursuant to point (b) of paragraph 1 of this Article, those requirements shall complement those envisaged in Regulation (EC) No 765/2008 and the technical rules that describe the methods and procedures of the certification bodies.
4. The certification bodies referred to in paragraph 1 shall be responsible for the proper assessment leading to the certification or the withdrawal of such certification without prejudice to the responsibility of the controller or processor for compliance with this Regulation. 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.
5. The certification bodies referred to in paragraph 1 shall provide the competent supervisory authorities with the reasons for granting or withdrawing the requested certification.
6. The requirements referred to in paragraph 3 of this Article and the criteria referred to in Article 42(5) shall be made public by the supervisory authority in an easily accessible form. The supervisory authorities shall also transmit those requirements and criteria to the Board. The Board shall collate all certification mechanisms and data protection seals in a register and shall make them publicly available by any appropriate means.
7. Without prejudice to Chapter VIII, the competent supervisory authority or the national accreditation body shall revoke an accreditation of a certification body pursuant to paragraph 1 of this Article where the conditions for the accreditation are not, or are no longer, met or where actions taken by a certification body infringe this Regulation.
8. The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of specifying the requirements to be taken into account for the data protection certification mechanisms referred to in Article 42(1).
9. The Commission may adopt implementing acts laying down technical standards for certification mechanisms and data protection seals and marks, and mechanisms to promote and recognise those certification mechanisms, seals and marks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).
