General Data Protection Regulation (GDPR)
GDPR Table of contents
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Chapter 1 (Art. 1 – 4)
General provisions
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Chapter 2 (Art. 5-11)
Principles
- Art. 5 GDPR – Principles relating to processing of personal data
- Art. 6 GDPR – Lawfulness of processing
- Art. 7 GDPR – Conditions for consent
- Art. 8 GDPR – Conditions applicable to child’s consent in relation to information society services
- Art. 9 GDPR – Processing of special categories of personal data
- Art. 10 GDPR – Processing of personal data relating to criminal convictions and offences
- Art. 11 GDPR – Processing which does not require identification
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Chapter 3 (Art. 12-23)
Rights of the data subject
- Art. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject
- Art. 13 GDPR – Information to be provided where personal data are collected from the data subject
- Art. 14 GDPR – Information to be provided where personal data have not been obtained from the data subject
- Art. 15 GDPR – Right of access by the data subject
- Art. 16 GDPR – Right to rectification
- Art. 17 GDPR – Right to erasure (‘right to be forgotten’)
- Art. 18 GDPR – Right to restriction of processing
- Art. 19 GDPR – Notification obligation regarding rectification or erasure of personal data or restriction of processing
- Art. 20 GDPR – Right to data portability
- Art. 21 GDPR – Right to object
- Art. 22 GDPR – Automated individual decision-making, including profiling
- Art. 23 GDPR – Restrictions
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Chapter 4 (Art. 24-43)
Controller and processor
- Art. 24 GDPR – Responsibility of the controller
- Art. 25 GDPR – Data protection by design and by default
- Art. 26 GDPR – Joint controllers
- Art. 27 GDPR – Representatives of controllers or processors not established in the Union
- Art. 28 GDPR – Processor
- Art. 29 GDPR – Processing under the authority of the controller or processor
- Art. 30 GDPR – Records of processing activities
- Art. 31 GDPR – Cooperation with the supervisory authority
- Art. 32 GDPR – Security of processing
- Art. 33 GDPR – Notification of a personal data breach to the supervisory authority
- Art. 34 GDPR – Communication of a personal data breach to the data subject
- Art. 35 GDPR – Data protection impact assessment
- Art. 36 GDPR – Prior consultation
- Art. 37 GDPR – Designation of the data protection officer
- Art. 38 GDPR – Position of the data protection officer
- Art. 39 GDPR – Tasks of the data protection officer
- Art. 40 GDPR – Codes of conduct
- Art. 41 GDPR – Monitoring of approved codes of conduct
- Art. 42 GDPR – Certification
- Art. 43 GDPR – Certification bodies
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Chapter 5 (Art. 44-50)
Transfers of personal data to third countries or international organisations
- Art. 44 GDPR – General principle for transfers
- Art. 45 GDPR – Transfers on the basis of an adequacy decision
- Art. 46 GDPR – Transfers subject to appropriate safeguards
- Art. 47 GDPR – Binding corporate rules
- Art. 48 GDPR – Transfers or disclosures not authorised by Union law
- Art. 49 GDPR – Derogations for specific situations
- Art. 50 GDPR – International cooperation for the protection of personal data
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Chapter 6 (Art. 51-59)
Independent supervisory authorities
- Art. 51 GDPR – Supervisory authority
- Art. 52 GDPR – Independence
- Art. 53 GDPR – General conditions for the members of the supervisory authority
- Art. 54 GDPR – Rules on the establishment of the supervisory authority
- Art. 55 GDPR – Competence
- Art. 56 GDPR – Competence of the lead supervisory authority
- Art. 57 GDPR – Tasks
- Art. 58 GDPR – Powers
- Art. 59 GDPR – Activity reports
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Chapter 7 (Art. 60-76)
Cooperation and consistency
- Art. 61 GDPR – Mutual assistance
- Art. 62 GDPR – Joint operations of supervisory authorities
- Art. 63 GDPR – Consistency mechanism
- Art. 64 GDPR – Opinion of the Board
- Art. 66 GDPR – Urgency procedure
- Art. 67 GDPR – Exchange of information
- Art. 60 GDPR – Cooperation between the lead supervisory authority and the other supervisory authorities concerned
- Art. 68 GDPR – European Data Protection Board
- Art. 69 GDPR – Independence
- Art. 70 GDPR – Tasks of the Board
- Art. 71 GDPR – Reports
- Art. 72 GDPR – Procedure
- Art. 73 GDPR – Chair
- Art. 74 GDPR – Tasks of the Chair
- Art. 75 GDPR – Secretariat
- Art. 76 GDPR – Confidentiality
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Chapter 8 (Art. 77-84)
Remedies, liability and penalties
- Art. 81 GDPR – Suspension of proceedings
- Art. 77 GDPR – Right to lodge a complaint with a supervisory authority
- Art. 78 GDPR – Right to an effective judicial remedy against a supervisory authority
- Art. 79 GDPR – Right to an effective judicial remedy against a controller or processor
- Art. 80 GDPR – Representation of data subjects
- Art. 82 GDPR – Right to compensation and liability
- Art. 83 GDPR – General conditions for imposing administrative fines
- Art. 84 GDPR – Penalties
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Chapter 9 (Art. 85-91)
Provisions relating to specific processing situations
- Art. 85 GDPR – Processing and freedom of expression and information
- Art. 86 GDPR – Processing and public access to official documents
- Art. 87 GDPR – Processing of the national identification number
- Art. 88 GDPR – Processing in the context of employment
- Art. 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
- Art. 90 GDPR – Obligations of secrecy
- Art. 91 GDPR – Existing data protection rules of churches and religious associations
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Chapter 10 (Art. 92-93)
Delegated acts and implementing acts
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Chapter 11 (Art. 94-99)
Final provisions
- Art. 94 GDPR – Repeal of Directive 95/46/EC
- Art. 95 GDPR – Relationship with Directive 2002/58/EC
- Art. 96 GDPR – Relationship with previously concluded Agreements
- Art. 97 GDPR – Commission reports
- Art. 98 GDPR – Review of other Union legal acts on data protection
- Art. 99 GDPR – Entry into force and application
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Art. 52 GDPRIndependence
- Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation.
- The member or members of each supervisory authority shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody.
- Member or members of each supervisory authority shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.
- Each Member State shall ensure that each supervisory authority is provided with the human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its powers, including those to be carried out in the context of mutual assistance, cooperation and participation in the Board.
- Each Member State shall ensure that each supervisory authority chooses and has its own staff which shall be subject to the exclusive direction of the member or members of the supervisory authority concerned.
- Each Member State shall ensure that each supervisory authority is subject to financial control which does not affect its independence and that it has separate, public annual budgets, which may be part of the overall state or national budget.
Suitable Recitals
(117) Establishment of supervisory authorities
(118) Monitoring of the supervisory authorities
(120) Features of supervisory authorities
(121) Independence of the supervisory authorities
