Articles Flashcards
What is the main topic for GDPR Chapter 1 Articles 1- 4?
General Provisions
What is the main topic for GDPR Chapter 2 Articles 5 - 11?
Principles
What is the main topic for GDPR Chapter 3 Articles 12 - 23?
Rights of the data subject
What is the main topic for GDPR Chapter 4 Articles 24 - 43?
Controller and processor
What is the main topic for GDPR Chapter 5 Articles 44 - 50?
Transfers of personal data to third countries or international organizations
What is the main topic for GDPR Chapter 6 Articles 51 - 59?
Independent supervisory authorities
What is the main topic for GDPR Chapter 7 Articles 60 - 76?
Cooperation & consistency
What is the main topic for GDPR Chapter 8 Articles 77 - 84?
Remedies, liability and penalties
What is the main topic for GDPR Chapter 9 Articles 85 - 91?
Provisions relating to specific processing situations
What is the main topic for GDPR Chapter 10 Articles 92 - 93?
Delegated acts and implementing acts
What is the main topic for GDPR Chapter 11 Articles 94 - 99?
Final provisions
- Sets out rules about how personal data is processed
- Protects people’s rights and freedoms in relation to personal data
- Ensures that personal data can move freely within the EU.
Article 1
Subject - matter & objectives
- Applies where data is processed automatically or is part of a filing system
- Doesn’t apply to purely domestic or personal activity
- Doesn’t apply to certain law enforcement activities.
Article 3 - Territorial Scope
Article 2
Material Scope
The GDPR:
- Applies to any data processing that takes place in the EU (no matter where the person or organization doing the processing is based)
- Applies to anyone:
* Offering goods or services (paid or free) in the EU, or
* Monitoring people’s behavior in the EU
Article 3
Territorial scope
- Personal data - information that can be used to identify an individual.
- Processing - any action taken with personal data.
- Controller - any body or organization that decides how or why personal data is processed.
- Processor - any body or organization that processes personal data for a controller.
- Consent - A statement or affirmative action that shows agreement to having personal data processed. Must be freely given, specific, informed and unambiguous
Article 4
Definitions
All personal data processing must adhere to six principles, which are the responsibility of the data controller:
- Lawfulness, fairness and transparency;
- Limitation of processing to legitimate purposes;
- Data minimization;
Accuracy; - Limitation on time period of storage;
- Integrity and confidentiality.
Article 5
Principles relating to processing of personal data
All personal data processing must occur under one of six lawful bases:
- Consent;
- Contract;
- Legal obligation;
- Vital interests;
- Public task;
- Legitimate interests.
Article 6
Lawfulness of processing
Consent must be:
- Freely given;
- Given via a clear, affirmative act (opt-in);
- Easy to withdraw.
Article 7
Conditions for consent
If you need to process the personal data of a child under the age of 16 for “information society services” and you’re relying on consent as your lawful basis for doing this, you need the consent of their parent or carer.
You also need to take reasonable steps to make sure it was actually their parent or carer that consented.
Information society service (ISS) broadly means any online service - apps, websites, games, streaming services.
Article 8
Conditions applicable to child’s consent in relation to information society services
Special categories of personal data include information about a person’s:
Race; Political views; Religion or beliefs; Sex life; Genetic, biometric or health data; Union membership.
You may only process special category data under very specific circumstances, including:
- You have a person’s consent in connection with a specific purpose;
- The person’s life is at risk;
- You’re a not-for-profit organization and can demonstrate that it’s in your legitimate interests.
Article 9
Processing of special categories of personal data
You can only process data about people’s criminal convictions if:
- You’re doing so under the control of an official authority
- You’re authorized to do so under the GDPR-compliant law of an EU Member State.
Article 10
Processing of personal data relating to criminal convictions and offences
Article 11
Processing which does not require identification
Article 12
Transparent information, communication and modalities for the exercise of the rights of the data subject
Article 13
Information to be provided where personal data are collected from the data subject
Article 14
Information to be provided where personal data have not been obtained from the data subject
Article 15
Right of access by the data subject
Article 16 Right to rectification
Article 17
Right to erasure (‘right to be forgotten’)
Article 18
Right to restriction of processing
Article 19
Notification obligation regarding rectification or erasure of personal data or restriction of processing
Article 20
Right to data portability
Article 21
Right to object
Article 22
Automated individual decision-making, including profiling
Article 23
Restrictions
Article 24
Responsibility of the controller
Article 25
Data protection by design and by default
Article 26
Joint controllers
Article 27
Representatives of controllers or processors not established in the Union
Article 28
Processor
Article 29
Processing under the authority of the controller or processor
Article 30
Records of processing activities
Article 31
Cooperation with the supervisory authority
Article 32
Security of processing
Article 33
Notification of a personal data breach to the supervisory authority
Article 34
Communication of a personal data breach to the data subject
Article 35
Data protection mpact assessment
Article 36
Prior consultation
Article 37
Designation of the data protection officer
Article 38
Position of the data protection officer
Article 39
Tasks of the data protection officer
Article 40
Codes of conduct
Article 41
Monitoring of approved codes of conduct
Article 42
Certification
Article 44
General principle for transfers
Article 43
Certification bodies
Article 45
Transfers on the basis of an adequacy decision
Article 46
Transfers subject to appropriate safeguards
Article 47
Binding corporate rules
Article 48
Transfers or disclosures not authorized by Union law
Article 49
Derogations for specific situations
Article 50
International cooperation for the protection of personal data
Article 51
Supervisory authority
Article 52
Independence
Article 53
General conditions for the members of the supervisory authority
Article 54
Rules on the establishment of the supervisory authority
Article 56
Competence of the lead supervisory authority
Article 55
Competence
Article 57
Tasks
Article 58
Powers
Article 59
Activity reports
Article 60
Cooperation between the lead supervisory authority and the other supervisory authorities concerned
Article 61
Mutual assistance
Article 62
Joint operations of supervisory authorities
Article 63
Consistency mechanism
Article 64
Opinion of the Board
Article 65
Dispute resolution by the Board
Article 66
Urgency procedure
Article 67
Exchange of information
Article 68
European Data Protection Board
Article 69
Independence
Article 70
Tasks of the Board
Article 71
Reports
Article 72
Procedure
Article 73
Chair
Article 74
Tasks of the Chair
Article 75
Secretariat
Article 78
Right to an effective judicial remedy against a supervisory authority
Article 76
Confidentiality
Article 77
Right to lodge a complaint with a supervisory authority
Article 79
Right to an effective judicial remedy against a controller or processor
Article 80
Representation of data subjects
Article 81
Suspension of proceedings
Article 82
Right to compensation and liability
Article 83
General conditions for imposing administrative fines
Article 84
Penalties
Article 85
Processing and freedom of expression and information
Article 86
Processing and public access to official documents
Article 87
Processing of the national identification number
Article 88
Processing in the context of employment
Article 89
Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
Article 90
Obligations of secrecy
Article 91
Existing data protection rules of churches and religious associations
Article 92
Exercise of the delegation
Article 93
Committee procedure
Article 94
Repeal of Directive 95/46/EC
Article 95
Relationship with Directive 2002/58/EC
Article 96
Relationship with previously concluded Agreements
Article 97
Commission reports
Article 98
Review of other Union legal acts on data protection
Article 99
Entry into force and application