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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
(71) The data subject should have the right not to be subject to a decision, which may include a measure, evaluating personal aspects relating to him or her which is based solely on automated processing and which produces legal effects concerning him or her or similarly significantly affects him or her, such as automatic refusal of an online credit application or e-recruiting practices without any human intervention. Such processing includes ‘profiling’ that consists of any form of automated processing of personal data evaluating the personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the data subject's performance at work, economic situation, health, personal preferences or interests, reliability or behaviour, location or movements, where it produces legal effects concerning him or her or similarly significantly affects him or her. However, decision-making based on such processing, including profiling, should be allowed where expressly authorised by Union or Member State law to which the controller is subject, including for fraud and tax-evasion monitoring and prevention purposes conducted in accordance with the regulations, standards and recommendations of Union institutions or national oversight bodies and to ensure the security and reliability of a service provided by the controller, or necessary for the entering or performance of a contract between the data subject and a controller, or when the data subject has given his or her explicit consent. In any case, such processing should be subject to suitable safeguards, which should include specific information to the data subject and the right to obtain human intervention, to express his or her point of view, to obtain an explanation of the decision reached after such assessment and to challenge the decision. Such measure should not concern a child. In order to ensure fair and transparent processing in respect of the data subject, taking into account the specific circumstances and context in which the personal data are processed, the controller should use appropriate mathematical or statistical procedures for the profiling, implement technical and organisational measures appropriate to ensure, in particular, that factors which result in inaccuracies in personal data are corrected and the risk of errors is minimised, secure personal data in a manner that takes account of the potential risks involved for the interests and rights of the data subject and that prevents, inter alia, discriminatory effects on natural persons on the basis of racial or ethnic origin, political opinion, religion or beliefs, trade union membership, genetic or health status or sexual orientation, or that result in measures having such an effect. Automated decision-making and profiling based on special categories of personal data should be allowed only under specific conditions.
1. Without prejudice to the tasks and powers of the competent supervisory authority under Articles 57 and 58, the monitoring of compliance with a code of conduct pursuant to Article 40 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited for that purpose by the competent supervisory authority.
2. A body as referred to in paragraph 1 may be accredited to monitor compliance with a code of conduct where that body has:
3. The competent supervisory authority shall submit the draft criteria for accreditation of a body as referred to in paragraph 1 of this Article to the Board pursuant to the consistency mechanism referred to in Article 63.
5. The competent supervisory authority shall revoke the accreditation of a body as referred to in paragraph 1 if the conditions for accreditation are not, or are no longer, met or where actions taken by the body infringe this Regulation.
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:
(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:
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.
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.
(p) draft and publish the criteria for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;
(q) conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;
(e) to accredit certification bodies pursuant to Article 43;
(c) aims to approve the criteria for accreditation of a body pursuant to Article 41(3) or a certification body pursuant to Article 43(3);
(o) carry out the accreditation of certification bodies and its periodic review pursuant to Article 43 and maintain a public register of accredited bodies pursuant to Article 43(6) and of the accredited controllers or processors established in third countries pursuant to Article 42(7);
(p) specify the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies under Article 42;
