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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
(59) Modalities should be provided for facilitating the exercise of the data subject's rights under this Regulation, including mechanisms to request and, if applicable, obtain, free of charge, in particular, access to and rectification or erasure of personal data and the exercise of the right to object. The controller should also provide means for requests to be made electronically, especially where personal data are processed by electronic means. The controller should be obliged to respond to requests from the data subject without undue delay and at the latest within one month and to give reasons where the controller does not intend to comply with any such requests.
(85) A personal data breach may, if not addressed in an appropriate and timely manner, result in physical, material or non-material damage to natural persons such as loss of control over their personal data or limitation of their rights, discrimination, identity theft or fraud, financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of confidentiality of personal data protected by professional secrecy or any other significant economic or social disadvantage to the natural person concerned. Therefore, as soon as the controller becomes aware that a personal data breach has occurred, the controller should notify the personal data breach to the supervisory authority without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the controller is able to demonstrate, in accordance with the accountability principle, that the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where such notification cannot be achieved within 72 hours, the reasons for the delay should accompany the notification and information may be provided in phases without undue further delay.
(86) The controller should communicate to the data subject a personal data breach, without undue delay, where that personal data breach is likely to result in a high risk to the rights and freedoms of the natural person in order to allow him or her to take the necessary precautions. The communication should describe the nature of the personal data breach as well as recommendations for the natural person concerned to mitigate potential adverse effects. Such communications to data subjects should be made as soon as reasonably feasible and in close cooperation with the supervisory authority, respecting guidance provided by it or by other relevant authorities such as law-enforcement authorities. For example, the need to mitigate an immediate risk of damage would call for prompt communication with data subjects whereas the need to implement appropriate measures against continuing or similar personal data breaches may justify more time for communication.
(87) It should be ascertained whether all appropriate technological protection and organisational measures have been implemented to establish immediately whether a personal data breach has taken place and to inform promptly the supervisory authority and the data subject. The fact that the notification was made without undue delay should be established taking into account in particular the nature and gravity of the personal data breach and its consequences and adverse effects for the data subject. Such notification may result in an intervention of the supervisory authority in accordance with its tasks and powers laid down in this Regulation.
3. The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.
2. The processor shall notify the controller without undue delay after becoming aware of a personal data breach.
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 communicate the personal data breach to the data subject without undue delay.
2. Each supervisory authority shall take all appropriate measures required to reply to a request of another supervisory authority without undue delay and no later than one month after receiving the request. Such measures may include, in particular, the transmission of relevant information on the conduct of an investigation.
4. Supervisory authorities and the Commission shall, without undue delay, communicate by electronic means to the Board, using a standardised format any relevant information, including as the case may be a summary of the facts, the draft decision, the grounds which make the enactment of such measure necessary, and the views of other supervisory authorities concerned.
5. The Chair of the Board shall notify, without undue delay, the decision referred to in paragraph 1 to the supervisory authorities concerned. It shall inform the Commission thereof. The decision shall be published on the website of the Board without delay after the supervisory authority has notified the final decision referred to in paragraph 6.
6. The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged shall adopt its final decision on the basis of the decision referred to in paragraph 1 of this Article, without undue delay and at the latest by one month after the Board has notified its decision. The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged, shall inform the Board of the date when its final decision is notified respectively to the controller or the processor and to the data subject. The final decision of the supervisory authorities concerned shall be adopted under the terms of Article 60(7), (8) and (9). The final decision shall refer to the decision referred to in paragraph 1 of this Article and shall specify that the decision referred to in that paragraph will be published on the website of the Board in accordance with paragraph 5 of this Article. The final decision shall attach the decision referred to in paragraph 1 of this Article.
(g) issue guidelines, recommendations and best practices in accordance with point (e) of this paragraph for establishing the personal data breaches and determining the undue delay referred to in Article 33(1) and (2) and for the particular circumstances in which a controller or a processor is required to notify the personal data breach;