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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
(47) The legitimate interests of a controller, including those of a controller to which the personal data may be disclosed, or of a third party, may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding, taking into consideration the reasonable expectations of data subjects based on their relationship with the controller. Such legitimate interest could exist for example where there is a relevant and appropriate relationship between the data subject and the controller in situations such as where the data subject is a client or in the service of the controller. At any rate the existence of a legitimate interest would need careful assessment including whether a data subject can reasonably expect at the time and in the context of the collection of the personal data that processing for that purpose may take place. The interests and fundamental rights of the data subject could in particular override the interest of the data controller where personal data are processed in circumstances where data subjects do not reasonably expect further processing. Given that it is for the legislator to provide by law for the legal basis for public authorities to process personal data, that legal basis should not apply to the processing by public authorities in the performance of their tasks. The processing of personal data strictly necessary for the purposes of preventing fraud also constitutes a legitimate interest of the data controller concerned. The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.
(69) Where personal data might lawfully be processed because processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or on grounds of the legitimate interests of a controller or a third party, a data subject should, nevertheless, be entitled to object to the processing of any personal data relating to his or her particular situation. It should be for the controller to demonstrate that its compelling legitimate interest overrides the interests or the fundamental rights and freedoms of the data subject.
(88) In setting detailed rules concerning the format and procedures applicable to the notification of personal data breaches, due consideration should be given to the circumstances of that breach, including whether or not personal data had been protected by appropriate technical protection measures, effectively limiting the likelihood of identity fraud or other forms of misuse. Moreover, such rules and procedures should take into account the legitimate interests of law-enforcement authorities where early disclosure could unnecessarily hamper the investigation of the circumstances of a personal data breach.
(113) Transfers which can be qualified as not repetitive and that only concern a limited number of data subjects, could also be possible for the purposes of the compelling legitimate interests pursued by the controller, when those interests are not overridden by the interests or rights and freedoms of the data subject and when the controller has assessed all the circumstances surrounding the data transfer. The controller should give particular consideration to the nature of the personal data, the purpose and duration of the proposed processing operation or operations, as well as the situation in the country of origin, the third country and the country of final destination, and should provide suitable safeguards to protect fundamental rights and freedoms of natural persons with regard to the processing of their personal data. Such transfers should be possible only in residual cases where none of the other grounds for transfer are applicable. For scientific or historical research purposes or statistical purposes, the legitimate expectations of society for an increase of knowledge should be taken into consideration. The controller should inform the supervisory authority and the data subject about the transfer.
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
(d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;
(b) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;
(b) the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available;
(c) obtaining or disclosure is expressly laid down by Union or Member State law to which the controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or
(b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
3. In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
(d) the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
(b) the legitimate interests pursued by controllers in specific contexts;
Where a transfer could not be based on a provision in Article 45 or 46, including the provisions on binding corporate rules, and none of the derogations for a specific situation referred to in the first subparagraph of this paragraph is applicable, a transfer to a third country or an international organisation may take place only if the transfer is not repetitive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests pursued by the controller which are not overridden by the interests or rights and freedoms of the data subject, and the controller has assessed all the circumstances surrounding the data transfer and has on the basis of that assessment provided suitable safeguards with regard to the protection of personal data. The controller shall inform the supervisory authority of the transfer. The controller shall, in addition to providing the information referred to in Articles 13 and 14, inform the data subject of the transfer and on the compelling legitimate interests pursued.
2. Those rules shall include suitable and specific measures to safeguard the data subject's human dignity, legitimate interests and fundamental rights, with particular regard to the transparency of processing, the transfer of personal data within a group of undertakings, or a group of enterprises engaged in a joint economic activity and monitoring systems at the work place.
