92 GDPR – Exercise of the delegation, Art. Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data. The europa.eu webpage concerning GDPR can be found here. 6 GDPR Lawfulness of processing Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or … GDPR - Regolamento generale sulla protezione dei … 4The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. 1 lit. (39) Principles of data processing 22 GDPR – Automated individual decision-making, including profiling, Art. GDPR Summaries. 11/30/2020; 21 minutes to read; r; In this article. Legea GDPR - Regulamentul UE 679/2016 GDPR in Romania - Legea nr. Data Processing Agreement 30 GDPR – Records of processing activities, Art. Privacy Policy. 6 para. Article 6 - Lawfulness of processing - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. All Articles of the GDPR are linked with suitable recitals. 86 GDPR – Processing and public access to official documents, Art. 50 GDPR – International cooperation for the protection of personal data, Art. 9 GDPR - Processing of special categories of personal data. 41 GDPR – Monitoring of approved codes of conduct, Art. 4The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued. Exercise of the delegation Article 93. Amploarea colectăr ii și a schimbului de date cu caracter personal a crescut în mod semnificativ. 6 (1) lit. Di Redazione Altalex. Art. 48 GDPR – Transfers or disclosures not authorised by Union law, Art. 27 GDPR – Representatives of controllers or processors not established in the Union, Art. © 2021 Proton Technologies AG. 1 – 4) GDPR Article 1; GDPR Article 2; GDPR Article 3; GDPR Article 4; Chapter 2 (Art. 25 GDPR – Data protection by design and by default, Art. Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks. (6) Evoluțiile tehnologice rapide și globalizarea au generat noi provocăr i pentr u protecția datelor cu caracter personal. Art. Articolul 6 - Legalitatea prelucrarii Nothing found in this portal constitutes legal advice. 10 GDPR - Processing of personal data relating to criminal convictions and offences, Art. GDPR.eu is co-funded by the Horizon 2020 Framework Programme of the European Union and operated by Proton Technologies AG. The lawful bases for processing are set out in Article 6 of the UK GDPR. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. 6 para. Repeal of Directive 95/46/EC Article 95. 8 GDPR – Conditions applicable to child’s consent in relation to information society services; Art. EU GDPR "Conditions for consent" => Article: 4 => Recital: 32, 33, 42, 43 => administrative fine: Art. Rec.30; Art.7(1) Personal data could only be processed if at least one legal basis applied. Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in. Consent (40) Lawfulness of data processing 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Art. 98 GDPR – Review of other Union legal acts on data protection, Art. Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. The GDPR provides further clarification and specification of the requirements for obtaining and demonstrating valid consent. In this context, Art. 6 GDPR – Lawfulness of processing | General Data Protection Regulation (GDPR) Art. The GDPR sets a high standard for ‘consent’ that, if relied on as a legal basis for processing under Art. Home » Legislation » GDPR » Article 6 Article 6 – Lawfulness of processing 1 Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; CHAPTER X Delegated acts and implementing acts Art 92 - 93 Article 92. 34 GDPR – Communication of a personal data breach to the data subject, Art. GDPR.EU is a website operated by Proton Technologies AG, which is co-funded by Project REP-791727-1 of the Horizon 2020 Framework Programme of the European Union. Any supervisory authority, the Chair of the Board or the Commission may request that any matter of … 60 GDPR – Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Art. In Article 6(1)(f) of GDPR, a lawful basis for processing is presented called legitimate interests. Principles relating to processing of personal data, Conditions applicable to child’s consent in relation to information society services, Processing of special categories of personal data, Processing of personal data relating to criminal convictions and offences, Processing which does not require identification, Transparent information, communication and modalities for the exercise of the rights of the data subject, Information to be provided where personal data are collected from the data subject, Information to be provided where personal data have not been obtained from the data subject, Right to erasure (‘right to be forgotten’), Notification obligation regarding rectification or erasure of personal data or restriction of processing, Automated individual decision-making, including profiling, Representatives of controllers or processors not established in the Union, Processing under the authority of the controller or processor, Cooperation with the supervisory authority, Notification of a personal data breach to the supervisory authority, Communication of a personal data breach to the data subject, Designation of the data protection officer, Transfers of personal data to third countries or international organisations, Transfers on the basis of an adequacy decision, Transfers subject to appropriate safeguards, Transfers or disclosures not authorised by Union law, International cooperation for the protection of personal data, General conditions for the members of the supervisory authority, Rules on the establishment of the supervisory authority, Competence of the lead supervisory authority, Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Joint operations of supervisory authorities, Right to lodge a complaint with a supervisory authority, Right to an effective judicial remedy against a supervisory authority, Right to an effective judicial remedy against a controller or processor, General conditions for imposing administrative fines, Provisions relating to specific processing situations, Processing and freedom of expression and information, Processing and public access to official documents, Processing of the national identification number, Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Existing data protection rules of churches and religious associations, Relationship with previously concluded Agreements, Review of other Union legal acts on data protection. 88 GDPR – Processing in the context of employment, Art. Identifying the appropriate legal basis that corresponds to the objective and essence of the processing is of essential importance. (41) Legal basis or legislative measures Committee procedure CHAPTER XI Final provisions Art 94 - 99 Article 94. At least one of these must apply whenever you process personal data: (a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose. Such comments should be sent to EDPB@edpb.europa.eu by 24/05/2019 at the latest.. To reply, please either click directly on the email address above or mention under the subject … 80 GDPR – Representation of data subjects, Art. 5 – 11) GDPR Article 5; GDPR Article 6; GDPR Article 7; GDPR Article 8; GDPR Article 9; GDPR Article 10; GDPR Article 11; Chapter 3 (Art. 10 GDPR – Processing of personal data relating to criminal convictions and offences The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by: Member State law to which the controller is subject. 190/2018 Legea ANSPDCP ↳ Legea GDPR actualizata ↳ Legea GDPR - Regulamentul UE 679/2016 ↳ Capitolul II - Principii. 79 GDPR – Right to an effective judicial remedy against a controller or processor, Art. 14 GDPR – Information to be provided where personal data have not been obtained from the data subject, Art. 17 GDPR – Right to erasure (‘right to be forgotten’), Art. 99 GDPR – Entry into force and application, Art. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. Another possible legal basis for processing could be consent pursuant to Art. 18 GDPR – Right to restriction of processing, Art. Art. Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; processing is necessary for compliance with a legal obligation to which the controller is subject; processing is necessary in order to protect the vital interests of the data subject or of another natural person; 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; 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. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. Art. (45) Fulfillment of legal obligations GDPR Summaries. 29 GDPR – Processing under the authority of the controller or processor, Art. 8 GDPR – Conditions applicable to child’s consent in relation to information society services, Art. 91 GDPR – Existing data protection rules of churches and religious associations, Art. The opening clause in Article 6 para (2) GDPR empowers Member States to introduce more specific provisions to adapt the application of the rules of the GDPR with regard to processing for compliance with lit c and e of Article 6 (1) GDPR. 11 GDPR – Processing which does not require identification, Art. 53 GDPR – General conditions for the members of the supervisory authority, Art. Tehnologia per mite atât societăților pr ivate, cât … 83 (5) lit a => Dossier: Consent; 1. 13 GDPR – Information to be provided where personal data are collected from the data subject, Art. Section 1Independent status Article 51Supervisory authority Article 52Independence Article 53General conditions for the members of the supervisory authority Article 54Rules on the establishment of the supervisory authority Section 2Competence, tasks and powers Article 55Competence Article 56Competence of the lead supervisory authority Article 57Tasks Article 58Powers Article 59Activity … Right to Erasure ("Right to be Forgotten") Article 17, Right to erasure (right to be forgotten), spells … 82 GDPR – Right to compensation and liability, Art. 39 GDPR – Tasks of the data protection officer, Art. Articolul 6 - Legalitatea prelucrării - UE Regulamentul general privind protecția datelor, Easy readable text of EU GDPR with many hyperlinks. Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject’s consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in. 78 GDPR – Right to an effective judicial remedy against a supervisory authority, Art. If you continue to use this site we will assume that you are happy with it. 7 GDPR – Conditions for consent; Art. Chapter 1 (Art. Aggiornato il 24/01/2019 Condividi. The European Data Protection Board welcomes comments on the Guidelines 2/2019 on on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects. Artikel 6 - Rechtmatigheid van de verwerking - EU algemene verordening gegevensbescherming (EU-AVG), Easy readable text of EU GDPR with many hyperlinks. the data subject has given consent to the processing of his or her personal data for one or more specific purposes; processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; processing is necessary for compliance with a legal obligation to which the controller is subject; processing is necessary in order to protect the vital interests of the data subject or of another natural person; 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; 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. The concept of consent as used in the Data Protection Directive (hereafter: Directive 95/46/EC) and in the e-Privacy Directive to date, has evolved. 6 GDPR – Regolamento Generale sulla Protezione dei Dati (UE/2016/679) Torna all’indice Liceità del trattamento 1. 68 GDPR – European Data Protection Board, Art. => Dossier: Proof, Obligation (50) Further processing of personal data 9 GDPR – Processing of special categories of personal data; Art. 10 GDPR – Processing of personal data relating to criminal convictions and offences, Art. 6 GDPR – Lawfulness of processing; Art. a of the GDPR, must be freely given, specific, informed and unambiguous. To remain transparent with data subjects, you should state in your privacy policy the type of data you collect and the reason you’re collecting it. 37 GDPR – Designation of the data protection officer, Art. GDPR compliance is easier with encrypted email. The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 96 GDPR – Relationship with previously concluded Agreements, Art. Member State law to which the controller is subject. 49 GDPR – Derogations for specific situations, Art. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject, Art. this regard, Article 6(1) of the General Data Protection Regulation1 (GDPR) specifies that processing shall be lawful only on the basis of one of six specified conditions set out in Article 6(1)( a) to (f). 6. The obligation on organisations to have a legal basis in respect of each processing activity is essentially unchanged. The General Data Protection Regulation (GDPR) introduces new rules for organizations that offer goods and services to people in the European Union (EU), or that collect and analyze data for EU residents no matter where you or your enterprise are located. the possible consequences of the intended further processing for data subjects; the existence of appropriate safeguards, which may include encryption or pseudonymisation. 19 GDPR – Notification obligation regarding rectification or erasure of personal data or restriction of processing, Art. General Data Protection Regulation (GDPR) Art. 1 GDPR – Subject-matter and objectives, Art. 38 GDPR – Position of the data protection officer, Art. Art. 61 GDPR Mutual assistance Supervisory authorities shall provide each other with relevant information and mutual assistance in order to implement and apply this Regulation in a consistent manner, and shall put in place measures for … 45 GDPR – Transfers on the basis of an adequacy decision, Art. General Data Protection Regulation (GDPR) Art. 5 GDPR – Principles relating to processing of personal data, Art. (42) Burden of proof and requirements for consent All Rights Reserved. Chapter 1 (Art. (44) Performance of a contract 35 GDPR – Data protection impact assessment, Art. e) GDPR shall be laid down by Union or Members State law. 56 GDPR – Competence of the lead supervisory authority, Art. 95 GDPR – Relationship with Directive 2002/58/EC, Art. Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. 6 GDPR Lawfulness of processing 1 Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Welcome to gdpr-info.eu. Regolamento UE 2016/679, art. Legea GDPR 2021 actualizata. the possible consequences of the intended further processing for data subjects; the existence of appropriate safeguards, which may include encryption or pseudonymisation. EU GDPR Chapter 2 Article 6 Article 6 – Lawfulness of processing Processing shall be lawful only if and to the extent that at least one of the following applies: the data subject has given consent to the processing of his or her personal data for one or more specific purposes; We are a consulting company specialised in the fields of data protection, IT security and IT forensics. General Data Protection Regulation (GDPR), Transfers of personal data to third countries or international organisations, Provisions relating to specific processing situations. 94 GDPR – Repeal of Directive 95/46/EC, Art. Articolo 6 - Liceità del trattamento - EU regolamento generale sulla protezione dei dati (EU-RGPD), Easy readable text of EU GDPR with many hyperlinks. 31 GDPR – Cooperation with the supervisory authority, Art. 1 lit. (48) Overriding legitimate interest within group of undertakings (171) Repeal of Directive 95/46/EC and transitional provisions. any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to. Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject’s consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in. 2The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. OJ L 127, 23.5.2018 as a neatly arranged website. Art. 33 GDPR – Notification of a personal data breach to the supervisory authority, Art. (46) Vital interests of the data subject 9 GDPR – Processing of special categories of personal data, Art. General Data Protection Regulation Summary. 3 GDPR clarifies that the basis for the processing referred to in Art. (43) Freely given consent The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. 15 GDPR – Right of access by the data subject, Art. Right to Erasure Request Form (49) Network and information security as overriding legitimate interest 46 GDPR – Transfers subject to appropriate safeguards, Art. 6 DSGVO Rechtmäßigkeit der Verarbeitung 1 Die Verarbeitung ist nur rechtmäßig, wenn mindestens eine der nachstehenden Bedingungen erfüllt ist: Die betroffene Person hat ihre Einwilligung zu der Verarbeitung der sie betreffenden personenbezogenen Daten für … Rec.39, 40, 41; Art.6(1) Personal data may be processed only if, and to the extent that, at least one legal basis applies. The first principle is relatively self-evident: organisations need to make sure their data collection practices don’t break the law and that they aren’t hiding anything from data subjects.To remain lawful, you need to have a thorough understanding of the GDPR and its rules for data collection. These Guidelines focus on these changes, providing practic… 44 GDPR – General principle for transfers, Art. 85 GDPR – Processing and freedom of expression and information, Art. (47) Overriding legitimate interest any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to. 24 GDPR – Responsibility of the controller, Art. 54 GDPR – Rules on the establishment of the supervisory authority, Art. 87 GDPR – Processing of the national identification number, Art. 1 – 4) GDPR Article 1; GDPR Article 2; GDPR Article 3; GDPR Article 4; Chapter 2 (Art. 3That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in Chapter IX. Final text of the GDPR including recitals. Unfortunately, Brussels has not provided a … This is not an official EU Commission or Government resource. 83 GDPR – General conditions for imposing administrative fines, Art. 77 GDPR – Right to lodge a complaint with a supervisory authority, Art. We use cookies to ensure that we give you the best experience on our website. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. General Data Protection Regulation (GDPR). (Endorsed by the EDPB) These Guidelines provide a thorough analysis of the notion of consent in Regulation 2016/679, the General Data Protection Regulation (hereafter: GDPR). Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in. 2Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks. Art. When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the … The Commission should monitor the functioning of decisions on the level of protection in a third country, a territory or specified sector within a third country, or an international organisation, and monitor the functioning of decisions adopted on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC. 62 GDPR – Joint operations of supervisory authorities, Art. When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the … 5 – 11) GDPR Article 5; GDPR Article 6; GDPR Article 7; GDPR Article 8; GDPR Article 9; GDPR Article 10; GDPR Article 11; Chapter 3 (Art. 6 para. 6 GDPR - Liceità del trattamento.

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