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Article 4(4). Profiling

Lee A. Bygrave

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 3(2)(b) (Monitoring of data subjects’ behaviour); Article 5 (Principles relating to processing of personal data); Article 6 (Legal grounds for processing of personal data); Article 8 ... More

Article 3(2)(b) (Monitoring of data subjects’ behaviour); Article 5 (Principles relating to processing of personal data); Article 6 (Legal grounds for processing of personal data); Article 8 (Conditions applicable to children’s consent in relation to information society services) (see also recital 38); Article 13(2)(f) (Information on the existence of automated decision-making, including profiling) (see also recital 60); Article 14(2)(g) (Information on the existence of automated decision-making, including profiling) (see also recital 60); Article 15(1)(h) (Right of access regarding automated decision-making, including profiling) (see also recital 63); Article 21 (Right to object) (see also recital 70); Article 22 (Automated decision-making, including profiling) (see also recital 71); Article 23 (Restrictions) (see also recital 73); Article 35(3)(a) (Data protection impact assessment) (see also recital 91); Article 47(2)(e) (Binding corporate rules); Article 70(1)(f) (EDPB guidelines on automated decisions based on profiling)/ Less

Article 12 Transparent information, communication and modalities for the exercise of the rights of the data subject

Radim Polčák

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 11 (Processing which does not require identification); Article 13 (Information to be provided where personal data are collected from the data subject) (see too recitals 60–62); Article 14 ... More

Article 11 (Processing which does not require identification); Article 13 (Information to be provided where personal data are collected from the data subject) (see too recitals 60–62); Article 14 (Information to be provided where personal data have not been obtained from the data subject) (see too recital 61); Article 92 (Exercise of the delegation) (see too recital 166). Less

Article 78 Right to an effective judicial remedy against a supervisory authority

Waltraut Kotschy

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 58 (Powers of supervisory authorities) (see too recital 129); Article 77 (Right to lodge a complaint with a supervisory authority) (see too recital 141); Article 79 (Right to an effective ... More

Article 58 (Powers of supervisory authorities) (see too recital 129); Article 77 (Right to lodge a complaint with a supervisory authority) (see too recital 141); Article 79 (Right to an effective judicial remedy against a controller or processor) (see too recital 145); Article 80 (Representation of data subjects) (see too recital 142); Article 81 (Suspension of proceedings) (see too recital 144); Article 82 (Right to compensation and liability) (see too recital 146); Recital 147 (jurisdiction); Article 83 (General conditions for imposing administrative fines) (see too recitals 150 and 152). Less

Article 27 Representatives of controllers or processors not established in the Union

Christopher Millard and Dimitra Kamarinou

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 3 (Territorial scope) (see also recitals 23–24); Article 4(17) (Definitions); Article 9 (Processing of special categories of personal data) (see also recitals 10, 51–54); Article 10 ... More

Article 3 (Territorial scope) (see also recitals 23–24); Article 4(17) (Definitions); Article 9 (Processing of special categories of personal data) (see also recitals 10, 51–54); Article 10 (Processing of personal data relating to criminal convictions and offences) (see also recital 97); Article 13 (Information to be provided where personal data are collected from the data subject) and Article 14 (Information to be provided where personal data have not been obtained from the data subject) (see also recitals 60–62); Article 30 (Records of processing activities) (see also recital 82); Article 31 (Cooperation with the supervisory authority); Article 35 (Data protection impact assessment) (see also recitals 89–93); Article 36 (Prior consultation) (see also recital 94); Article 79 (Right to an effective judicial remedy against a controller or processor) (see also recital 145). Less

Article 4(18). Enterprise

Lee A. Bygrave and Luca Tosoni

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 4(19) (Definition of ‘group of undertakings’) (see also recital 37); Article 4(20) (Definition of ‘binding corporate rules’); Article 30(5) (Records of processing activities) (see too ... More

Article 4(19) (Definition of ‘group of undertakings’) (see also recital 37); Article 4(20) (Definition of ‘binding corporate rules’); Article 30(5) (Records of processing activities) (see too recital 13); Article 40(1) (Codes of conduct) (see too recital 98); Article 42(1) (Certification); Article 47 (Binding corporate rules) (see too recital 110); Article 83(4)–(6) (General conditions for imposing administrative fines) (see too recital 150); Article 88(2) (Processing in the context of employment). Less

Article 36 Prior consultation

Cecilia Alvarez Rigaudias and Alessandro Spina

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 24 (Responsibility of the controller) (see too recital 74); Article 30 (Records of processing activities) (see too recital 82); Article 35 (Data Protection Impact Assessment) (see too ... More

Article 24 (Responsibility of the controller) (see too recital 74); Article 30 (Records of processing activities) (see too recital 82); Article 35 (Data Protection Impact Assessment) (see too recital 84); Article 39 (Tasks of the data protection officer) (see too recitals 77 and 97); Article 58 (Powers of the supervisory authorities) (see too recital 129). Less

Article 4(16). Main establishment

Luca Tosoni

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 4(7) (Definition of ‘controller’); Article 4(8) (Definition of ‘processor’); Article 4(19) (Definition of ‘group of undertakings’); Article 56 (Competence of the lead supervisory authority) ... More

Article 4(7) (Definition of ‘controller’); Article 4(8) (Definition of ‘processor’); Article 4(19) (Definition of ‘group of undertakings’); Article 56 (Competence of the lead supervisory authority) (see too recitals 124–128); Article 60 (Cooperation between the lead supervisory authority and the other supervisory authorities concerned) (see too recitals 130–131); Article 65 (Dispute resolution by the Board). Less

Article 4(24). Relevant and reasoned objection

Luca Tosoni

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 60 (Cooperation between the lead supervisory authority and the other supervisory authorities concerned); Article 63 (Consistency mechanism); Article 65 (Dispute resolution by the Board).

Article 10 Processing of personal data relating to criminal convictions and offences

Ludmila Georgieva

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 5 (Principles relating to processing of personal data); Article 6 (Lawfulness of processing) (see too recital 50); Article 9 (Processing of special categories of personal data); Article 27 ... More

Article 5 (Principles relating to processing of personal data); Article 6 (Lawfulness of processing) (see too recital 50); Article 9 (Processing of special categories of personal data); Article 27 (Representatives of controllers or processors not established in the Union) (see too recital 80); Article 30 (Records of processing activities) (see too recital 97); Article 35 (Data protection impact assessment) (see also recitals 75 and 91); Article 37 (Designation of the data protection officer) (see too recital 97). Less

Article 15 Right of access by the data subject

Gabriela Zanfir-Fortuna

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 5(1) (Principles of fairness, lawfulness and transparency) (see too recital 39); Article 11 (Processing which does not require identification) (see too recital 57); Article 12 (Transparent ... More

Article 5(1) (Principles of fairness, lawfulness and transparency) (see too recital 39); Article 11 (Processing which does not require identification) (see too recital 57); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject) (see too recitals 58–59); Article 13 (Information to be provided where personal data are collected from the data subject) (see too recital 60); Article 14 (Information to be provided where personal data have not been obtained from the data subject); Article 23 (Restrictions) (see too recital 73). Less

Article 4(15). Data concerning health

Lee A. Bygrave and Luca Tosoni

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 4(1) (Definition of ‘personal data’) (see too recital 26); Article 4(13) (Definition of ‘genetic data’) (see also recital 34); Article 4(16) (Definition of ‘biometric data’) (see too ... More

Article 4(1) (Definition of ‘personal data’) (see too recital 26); Article 4(13) (Definition of ‘genetic data’) (see also recital 34); Article 4(16) (Definition of ‘biometric data’) (see too recital 51); Article 9(1) (Processing of special categories of personal data) (see also recital 53); Article 22(4) (Automated individual decision-making, including profiling) (see also recital 71); Article 35(3)(b) (Data protection impact assessment) (see too recital 91). Less

Article 4(21). Supervisory authority

Lee A. Bygrave

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 4(22) (Definition of ‘supervisory authority concerned’); Article 51 (Supervisory authority); Article 52 (Independence) (see too recitals 118 and 120–121); Article 53 (General conditions for ... More

Article 4(22) (Definition of ‘supervisory authority concerned’); Article 51 (Supervisory authority); Article 52 (Independence) (see too recitals 118 and 120–121); Article 53 (General conditions for the members of the supervisory authority) (see too recital 121); Article 54 (Rules on the establishment of the supervisory authority); Articles 55–59 (Competence, tasks and powers) (see too recitals 122–124, 129 and 132); Articles 60–62 (Cooperation) (see too recitals 125–128, 130–131 and 133–134); Articles 63–67 (Consistency) (see too recitals 119 and 135–138); Article 68 (European Data Protection Board) (see too recital 139). Less

Article 31 Cooperation with the supervisory authority

Waltraut Kotschy

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 57 (Tasks of the supervisory authorities) (see too recital 122); Article 58 (Powers of the supervisory authorities) (see also recital 129); Article 83 (General conditions for imposing ... More

Article 57 (Tasks of the supervisory authorities) (see too recital 122); Article 58 (Powers of the supervisory authorities) (see also recital 129); Article 83 (General conditions for imposing fines) (see also recitals 148 and 150) Less

Article 39 Tasks of the data protection officer

Cecilia Alvarez Rigaudias and Alessandro Spina

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 30 (Records of processing activities) (see too recital 82); Article 33 (Notification of a personal data breach to the supervisory authority) (see too recital 85); Article 35 (Data ... More

Article 30 (Records of processing activities) (see too recital 82); Article 33 (Notification of a personal data breach to the supervisory authority) (see too recital 85); Article 35 (Data protection impact assessment) (see too recitals 90–91); Article 36 (Prior consultation) (see too recital 94); Article 37 (Designation of the data protection officer) (see too recital 97); Article 38 (Position of the data protection officer) (see too recital 97); Article 47 (Binding corporate rules) (see too recital 108); Article 57 (Tasks of supervisory authorities) (see too recital 122). Less

Article 4(23). Cross-border processing

Luca Tosoni

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 4(2) (Definition of ‘processing’); Article 56 (Competence of the lead supervisory authority); Article 62(2) (Joint operations of supervisory authorities); Article 63 (Consistency mechanism) ... More

Article 4(2) (Definition of ‘processing’); Article 56 (Competence of the lead supervisory authority); Article 62(2) (Joint operations of supervisory authorities); Article 63 (Consistency mechanism) (see too recital 135). Less

Article 26 Joint controllers

Christopher Millard and Dimitra Kamarinou

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 4(7) (Definitions) (see too recital 79); Article 5 (Principles relating to the processing of personal data) (see too recital 39); Article 24 (Responsibility of the controller) (see too ... More

Article 4(7) (Definitions) (see too recital 79); Article 5 (Principles relating to the processing of personal data) (see too recital 39); Article 24 (Responsibility of the controller) (see too recital 74); Article 28 (Processors) (see too recital 81); Article 82 (Right to compensation and liability) (see too recital 146). Less

Article 53 General conditions for the members of the supervisory authority

Hielke Hijmans

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 4(21) (Definition of a supervisory authority); Article 51 (Establishment of supervisory authorities) (see too recital 117); Article 52 (Independence of supervisory authorities) (see too ... More

Article 4(21) (Definition of a supervisory authority); Article 51 (Establishment of supervisory authorities) (see too recital 117); Article 52 (Independence of supervisory authorities) (see too recitals 118–120); Article 54 (Rules on the establishment of supervisory authorities); Article 68 (European Data Protection Board) (see too recital 139). Less

Article 79 Right to an effective judicial remedy against a controller or processor

Waltraut Kotschy

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 77 (Right to lodge a complaint with a supervisory authority) (see too recital 141); Article 78 (Right to an effective judicial remedy against a supervisory authority); Article 80 ... More

Article 77 (Right to lodge a complaint with a supervisory authority) (see too recital 141); Article 78 (Right to an effective judicial remedy against a supervisory authority); Article 80 (Representation of data subjects) (see too recital 142); Article 81 (Suspension of proceedings) (see too recital 144); Article 82 (Right to compensation and liability) (see too recital 146); Article 83(8) (Safeguards for imposing administrative fines) (see too recital 148). Less

Article 4(3). Restriction of processing

Luca Tosoni

in The EU General Data Protection Regulation (GDPR): A Commentary

Methods by which to restrict the processing of personal data could include, inter alia, temporarily moving the selected data to another processing system, making the selected personal data ... More

Methods by which to restrict the processing of personal data could include, inter alia, temporarily moving the selected data to another processing system, making the selected personal data unavailable to users, or temporarily removing published data from a website. In automated filing systems, the restriction of processing should in principle be ensured by technical means in such a manner that the personal data are not subject to further processing operations and cannot be changed. The fact that the processing of personal data is restricted should be clearly indicated in the system. Less

Article 4(22). Supervisory authority concerned

Luca Tosoni

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 4(2) (Definition of ‘processing’); Article 4(21) (Definition of ‘supervisory authority’); Article 4(23) (Definition of ‘cross-border processing’); Article 52 (Independence); Article 56 ... More

Article 4(2) (Definition of ‘processing’); Article 4(21) (Definition of ‘supervisory authority’); Article 4(23) (Definition of ‘cross-border processing’); Article 52 (Independence); Article 56 (Competence of the lead supervisory authority); Article 60 (Cooperation between the lead supervisory authority and the other supervisory authorities concerned); Article 63 (Consistency mechanism) (see too recitals 135 and 138); Article 64 (Opinion of the Board); Article 65 (Dispute resolution by the Board); Article 66 (Urgency procedure); Article 74 (Tasks of the Chair); Article 77 (Right to lodge a complaint with a supervisory authority). Less