UK General Data Protection Regulation

Recitals 5
CHAPTER I General provisions 78
Article 1 Subject-matter and objectives 78
1 This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. 78
2 This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data. 78
3 [Not retained in the UK GDPR]. 78
Article 2 Material scope 79
1 This Regulation applies to the automated or structured processing of personal data, including- 79
(a) processing in the course of an activity which, immediately before IP completion day, fell outside the scope of EU law, and 79
(b) processing in the course of an activity which, immediately before IP completion day, fell within the scope of Chapter 2 of Title 5 of the Treaty on European Union (common foreign and security policy activities). 79
2 This Regulation does not apply to- 79
(a) the processing of personal data by an individual in the course of a purely personal or household activity; 79
(b) the processing of personal data by a competent authority for any of the law enforcement purposes (see Part 3 of the 2018 Act); 79
(c) the processing of personal data to which Part 4 of the 2018 Act (intelligence services processing) applies. 79
3 [Not retained in the UK GDPR]. 79
4 This Regulation shall be without prejudice to the application of the Electronic Commerce (EC Directive) Regulations 2002, in particular the provisions about mere conduits, caching, and hosting (see regulations 17 to 19 of those Regulations). 79
5 In this Article – 79
(a) 'the automated or structured processing of personal data' means- 80
(i) the processing of personal data wholly or partly by automated means, and 80
(ii) the processing otherwise than by automated means of personal data which forms part of a filing system or is intended to form part of a filing system; 80
(b) 'the manual unstructured processing of personal data' means the processing of personal data which is not the automated or structured processing of personal data; 80
(c) 'FOI public authority' has the same meaning as in Chapter 3 of Part 2 of the 2018 Act (see section 21(5) of that Act); 80
(d) references to personal data 'held' by an FOI public authority are to be interpreted in accordance with section 21(6) and (7) of the 2018 Act; 80
(e) 'competent authority' and 'law enforcement purposes' have the same meaning as in Part 3 of the 2018 Act (see sections 30 and 31 of that Act). 80
Article 3 Territorial scope 81
1 This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the United Kingdom, regardless of whether the processing takes place in the United Kingdom or not. 81
2 This Regulation applies to the relevant processing of personal data of data subjects who are in the United Kingdom by a controller or processor not established in the United Kingdom where the processing activities are related to: 81
(a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the United Kingdom; or 81
(b) the monitoring of their behaviour as far as their behaviour takes place within the United Kingdom. 81
3 This Regulation applies to the processing of personal data by a controller not established in the United Kingdom, but in a place where domestic law applies by virtue of public international law. 81
Article 4 Definitions 82
1 'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as... 82
2 'processing' means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, re... 82
3 'restriction of processing' means the marking of stored personal data with the aim of limiting their processing in the future; 82
4 'profiling' means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person'... 82
5 'pseudonymisation' means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept sepa... 83
6 'filing system' means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis; 83
7 'controller' means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; (but see section 6 of the 2018 Act); 83
8 'processor' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; 83
9 'recipient' means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particul... 83
10 'third party' means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data; 83
11 'consent' of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal ... 84
12 'personal data breach' means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed; 84
13 'genetic data' means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an an... 84
14 'biometric data' means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, s... 84
15 'data concerning health' means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status; 84
16 [Not retained in the UK GDPR]. 84
17 'representative' means a natural or legal person established in the United Kingdom who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations ... 84
18 'enterprise' means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity; 85
19 'group of undertakings' means a controlling undertaking and its controlled undertakings; 85
20 'binding corporate rules' means personal data protection policies which are adhered to by a controller or processor established in the United Kingdom for transfers or a set of transfers of personal data to a controller or processor in one or more t... 85
21 21A foreign designated authority' means an authority designated for the purposes of Article 13 of the Data Protection Convention (as defined by section 3 of the 2018 Act) by a party, other than the United Kingdom, which is bound by that Convention; 85
22 [Not retained in the UK GDPR]. 85
23 [Not retained in the UK GDPR]. 85
24 [Not retained in the UK GDPR]. 85
25 'information society service' means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (as it has effect immediately before IP completion day); 85
26 'international organisation' means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries. 85
27 'third country' means a country or territory outside the United Kingdom; 85
28 references to a fundamental right or fundamental freedom (however expressed) are to a fundamental right or fundamental freedom which continues to form part of domestic law on and after IP completion day by virtue of section 4 of the European Union ... 85
CHAPTER II Principles 87
Article 5 Principles relating to processing of personal data 87
1 Personal data shall be: 87
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject ('lawfulness, fairness and transparency'); 87
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes ... 87
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed ('data minimisation'); 87
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay ('accuracy'); 87
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed ... 87
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measur... 88
2 The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 ('accountability'). 88
Article 6 Lawfulness of processing 89
1 Processing shall be lawful only if and to the extent that at least one of the following applies: 89
(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes; 89
(b) 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; 89
(c) processing is necessary for compliance with a legal obligation to which the controller is subject; 89
(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person; 89
(e) 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; 89
(f) 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 pr... 89
2 [Not retained in the UK GDPR]. 90
3 [Not retained in the UK GDPR]. 90
4 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 domestic law which constitutes a necessary and proportionate measure in a democratic society to safeg... 90
(a) any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; 90
(b) the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; 90
(c) the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10; 90
(d) the possible consequences of the intended further processing for data subjects; 91
(e) the existence of appropriate safeguards, which may include encryption or pseudonymisation. 91
Article 7 Conditions for consent 92
1 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. 92
2 If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and ... 92
3 The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be info... 92
4 When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not neces... 92
Article 8 Conditions applicable to child's consent in relation to information society services 93
1 Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 13 years old. Where the child is below ... 93
2 The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology. 93
3 Paragraph 1 shall not affect the general contract law as it operates in domestic law such as the rules on the validity, formation or effect of a contract in relation to a child. 93
4 In paragraph 1, the reference to information society services does not include preventive or counselling services. 93
Article 9 Processing of special categories of personal data 94
1 Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural pe... 94
2 Paragraph 1 shall not apply if one of the following applies: 94
(a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except domestic law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject; 94
(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law insofar as it is authorised b... 94
(c) processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; 94
(d) processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the ... 94
(e) processing relates to personal data which are manifestly made public by the data subject; 95
(f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity; 95
(g) processing is necessary for reasons of substantial public interest, on the basis of domestic law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to... 95
(h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or soci... 95
(i) processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or med... 95
(j) processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 891) (as supplemented by section 19 of the 2018 Act) based on domestic law which s... 95
3 Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under... 96
3A. In paragraph 3, 'national competent bodies' means competent bodies of the United Kingdom or a part of the United Kingdom. 96
4 [Not retained in the UK GDPR]. 96
5 In the 2018 Act- 96
(a) section 10 makes provision about when the requirement in paragraph Article 92(b), (g), (h), (i) or (j) of this Article for authorisation by, or a basis in, domestic law is met; 96
(b) section 11(1) makes provision about when the processing of personal data is carried out in circumstances described in paragraph 3 of this Article. 96
Article 10 Processing of personal data relating to criminal convictions and offences 97
1 Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by domestic law provi... 97
2 In the 2018 Act- 97
(a) section 10 makes provision about when the requirement in paragraph 1 of this Article for authorisation by domestic law is met; 97
(b) section 11(2) makes provision about the meaning of "personal data relating to criminal convictions and offences or related security measures". 97
Article 11 Processing which does not require identification 98
1 If the purposes for which a controller processes personal data do not or do no longer require the identification of a data subject by the controller, the controller shall not be obliged to maintain, acquire or process additional information in order... 98
2 Where, in cases referred to in paragraph 1 of this Article, the controller is able to demonstrate that it is not in a position to identify the data subject, the controller shall inform the data subject accordingly, if possible. In such cases, Articl... 98
CHAPTER III Rights of the data subject 99
Article 12 Transparent information, communication, and modalities for the exercise of the rights of the data subject 99
1 The controller shall take appropriate measures to provide any information referred to in Articles Article 13 and Article 14 and any communication under Articles Article 15 to Article 22 and Article 34 relating to processing to the data subject in a ... 99
2 The controller shall facilitate the exercise of data subject rights under Articles Article 15 to Article 22. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or h... 99
3 The controller shall provide information on action taken on a request under Articles Article 15 to Article 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 fur... 100
4 If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possib... 100
5 Information provided under Articles Article 13 and Article 14 and any communication and any actions taken under Articles Article 15 to Article 22 and Article 34 shall be provided free of charge. Where requests from a data subject are manifestly unfo... 100
(a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or 100
(b) refuse to act on the request. 100
6 Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Article 15 to Article 21, the controller may request the provision of additional information ... 100
(a) standardised icons for use in combination with information provided to data subjects under Article 13 and Article 14; 101
(b) a notice stating that other persons may publish (and amend or withdraw) such icons, provided that the icons satisfy requirements specified in the notice as to the information to be presented by the icons and the procedures for providing the icons. 101
7 If standardised icons are published as described in paragraph 6A (and not withdrawn), the information to be provided to data subjects pursuant to Article 13 and Article 14 may be provided in combination with the icons. Where the icons are presented ... 101
8 [Not retained in the UK GDPR]. 101
Article 13 Information to be provided where personal data are collected from the data subject 102
1 Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: 102
(a) the identity and the contact details of the controller and, where applicable, of the controller's representative; 102
(b) the contact details of the data protection officer, where applicable; 102
(c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; 102
(d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party; 102
(e) the recipients or categories of recipients of the personal data, if any; 102
(f) where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of relevant adequacy regulations under section 17A of the 2018 Act, or in the case of tr... 102
2 In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: 103
(a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; 103
(b) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability; 103
(c) where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; 103
(d) the right to lodge a complaint with the Commissioner; 103
(e) whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of ... 103
(f) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such... 103
3 Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other... 104
4 Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information. 104
Article 14 Information to be provided where personal data have not been obtained from the data subject 105
1 Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: 105
(a) the identity and the contact details of the controller and, where applicable, of the controller's representative; 105
(b) the contact details of the data protection officer, where applicable; 105
(c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; 105
(d) the categories of personal data concerned; 105
(e) the recipients or categories of recipients of the personal data, if any; 105
(f) where applicable, that the controller intends to transfer personal data to a recipient in a third country or international organisation and the existence or absence of an adequacy decision by relevant adequacy regulations under section 17A of the ... 105
2 In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: 105
(a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; 106
(b) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party; 106
(c) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability; 106
(d) where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; 106
(e) the right to lodge a complaint with the Commissioner; 106
(f) from which source the personal data originate, and if applicable, whether it came from publicly accessible sources; 106
(g) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such... 106
3 The controller shall provide the information referred to in paragraphs 1 and 2: 106
(a) within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed; 106
(b) if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or 107
(c) if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed. 107
4 Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other ... 107
5 Paragraphs 1 to 4 shall not apply where and insofar as: 107
(a) the data subject already has the information; 107
(b) the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject... 107
(c) obtaining or disclosure is expressly laid down by a provision of domestic law which provides appropriate measures to protect the data subject's legitimate interests; or 107
(d) where the personal data must remain confidential subject to an obligation of professional secrecy regulated by domestic law, including a statutory obligation of secrecy. 107
Article 15 Right of access by the data subject 109
1 The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: 109
(a) the purposes of the processing; 109
(b) the categories of personal data concerned; 109
(c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; 109
(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; 109
(e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; 109
(f) the right to lodge a complaint with the Commissioner; 109
(g) where the personal data are not collected from the data subject, any available information as to their source; 109
(h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such... 109
2 Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer. 109
3 The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request ... 110
4 The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others. 110
Article 16 Right to rectification 111
Article 17 Right to erasure ('right to be forgotten') 112
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 follo... 112
(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; 112
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing; 112
(c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2); 112
(d) the personal data have been unlawfully processed; 112
(e) the personal data have to be erased for compliance with a legal obligation under domestic law; 112
(f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1). 112
2 Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including t... 112
3 Paragraphs 1 and 2 shall not apply to the extent that processing is necessary: 113
(a) for exercising the right of freedom of expression and information; 113
(b) for compliance with a legal obligation which requires processing under domestic law or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; 113
(c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3); 113
(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair... 113
(e) for the establishment, exercise or defence of legal claims. 113
Article 18 Right to restriction of processing 114
1 The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: 114
(a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; 114
(b) the processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; 114
(c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; 114
(d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject. 114
2 Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of... 114
3 A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted. 114
Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing 115
Article 20 Right to data portability 116
1 The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another c... 116
(a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and 116
(b) the processing is carried out by automated means. 116
2 In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. 116
3 The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of ... 116
4 The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others. 116
Article 21 Right to object 117
1 The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based o... 117
2 Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is r... 117
3 Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. 117
4 At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other inf... 117
5 In the context of the use of information society services, the data subject may exercise his or her right to object by automated means using technical specifications, notwithstanding domestic law made before IP completion day implementing Directive ... 117
6 Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processin... 118
Article 22 Automated individual decision-making, including profiling 119
1 The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. 119
2 Paragraph 1 shall not apply if the decision: 119
(a) is necessary for entering into, or performance of, a contract between the data subject and a data controller; 119
(b) is required or authorised by domestic law which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or 119
(c) is based on the data subject's explicit consent. 119
3 In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the... 119
4 Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and... 119
Article 23 Restrictions 121
1 The Secretary of State may restrict the scope of the obligations and rights provided for in Article 12 to Article 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Article 12... 121
(a) [Not retained in the UK GDPR]. 121
(b) [Not retained in the UK GDPR]. 121
(c) public security; 121
(d) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; 121
(e) other important objectives of general public interest in particular an important economic or financial interest of the United Kingdom, including monetary, budgetary and taxation a matters, public health and social security; 121
(f) the protection of judicial independence and judicial proceedings; 121
(g) the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions; 121
(h) a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g); 122
(i) the protection of the data subject or the rights and freedoms of others; 122
(j) the enforcement of civil law claims. 122
2 In particular, provision made in exercise of the power under paragraph 1 shall contain specific provisions at least, where relevant, as to: 122
(a) the purposes of the processing or categories of processing; 122
(b) the categories of personal data; 122
(c) the scope of the restrictions introduced; 122
(d) the safeguards to prevent abuse or unlawful access or transfer; 122
(e) the specification of the controller or categories of controllers; 122
(f) the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing; 122
(g) the risks to the rights and freedoms of data subjects; and 122
(h) the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction. 122
3 The Secretary of State may exercise the power under paragraph 1 only by making regulations under section 16 of the 2018 Act. 122
CHAPTER IV Controller and processor 123
Article 24 Responsibility of the controller 123
1 Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the controller shall implement appropriate technical and organisational... 123
2 Where proportionate in relation to processing activities, the measures referred to in paragraph 1 shall include the implementation of appropriate data protection policies by the controller. 123
3 Adherence to approved codes of conduct as referred to in Article 40 or approved certification mechanisms as referred to in Article 42 may be used as an element by which to demonstrate compliance with the obligations of the controller. 123
Article 25 Data protection by design and by default 124
1 Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing... 124
2 The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount o... 124
3 An approved certification mechanism pursuant to Article 42 may be used as an element to demonstrate compliance with the requirements set out in paragraphs 1 and 2 of this Article. 124
Article 26 Joint controllers 125
1 Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regu... 125
2 The arrangement referred to in paragraph 1 shall duly reflect the respective roles and relationships of the joint controllers vis-à-vis the data subjects. The essence of the arrangement shall be made available to the data subject. 125
3 Irrespective of the terms of the arrangement referred to in paragraph 1, the data subject may exercise his or her rights under this Regulation in respect of and against each of the controllers. 125
Article 27 Representatives of controllers or processors not established in the United Kingdom 126
1 Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the United Kingdom. 126
2 The obligation laid down in paragraph 1 of this Article shall not apply to: 126
(a) processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) or processing of personal data relating to criminal convictions and offences referred to in Article 10, and... 126
(b) a public authority or body. 126
3 [Not retained in the UK GDPR]. 126
4 The representative shall be mandated by the controller or processor to be addressed in addition to or instead of the controller or the processor by, in particular, the Commissioner and data subjects, on all issues related to processing, for the purp... 126
5 The designation of a representative by the controller or processor shall be without prejudice to legal actions which could be initiated against the controller or the processor themselves. 126
Article 28 Processor 127
1 Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the r... 127
2 The processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning th... 127
3 Processing by a processor shall be governed by a contract or other legal act under domestic law, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpo... 127
(a) processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by domestic law; in such a case, the... 127
(b) ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; 127
(c) takes all measures required pursuant to Article 32; 128
(d) respects the conditions referred to in paragraphs 2 and 4 for engaging another processor; 128
(e) taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for exercising the... 128
(f) assists the controller in ensuring compliance with the obligations pursuant to Article 32 to Article 36 taking into account the nature of processing and the information available to the processor; 128
(g) at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies domestic law requires storage of the personal data; 128
(h) makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mand... 128
4 Where a processor engages another processor for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor as r... 128
5 Adherence of a processor to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which to demonstrate sufficient guarantees as referred to in paragr... 129
6 Without prejudice to an individual contract between the controller and the processor, the contract or the other legal act referred to in paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred t... 129
7 [Not retained in the UK GDPR]. 129
8 The Commissioner may adopt standard contractual clauses for the matters referred to in paragraphs 3 and 4 of this Article. 129
9 The contract or the other legal act referred to in paragraphs 3 and 4 shall be in writing, including in electronic form. 129
10 Without prejudice to Article 82, Article 83 and Article 84, if a processor infringes this Regulation by determining the purposes and means of processing, the processor shall be considered to be a controller in respect of that processing. 129
Article 29 Processing under the authority of the controller or processor 130
Article 30 Records of processing activities 131
1 Each controller and, where applicable, the controller's representative, shall maintain a record of processing activities under its responsibility. That record shall contain all of the following information: 131
(a) the name and contact details of the controller and, where applicable, the joint controller, the controller's representative and the data protection officer; 131
(b) the purposes of the processing; 131
(c) a description of the categories of data subjects and of the categories of personal data; 131
(d) the categories of recipients to whom the personal data have been or will be disclosed including recipients in third countries or international organisations; 131
(e) where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph... 131
(f) where possible, the envisaged time limits for erasure of the different categories of data; 131
(g) where possible, a general description of the technical and organisational security measures referred to in Article 32(1) or, as appropriate, the security measures referred to in section 28(3) of the 2018 Act. 131
2 Each processor and, where applicable, the processor's representative shall maintain a record of all categories of processing activities carried out on behalf of a controller, containing: 131
(a) the name and contact details of the processor or processors and of each controller on behalf of which the processor is acting, and, where applicable, of the controller's or the processor's representative, and the data protection officer; 132
(b) the categories of processing carried out on behalf of each controller; 132
(c) where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph... 132
(d) where possible, a general description of the technical and organisational security measures referred to in Article 32(1) or, as appropriate, the security measures referred to in section 28(3) of the 2018 Act. 132
3 The records referred to in paragraphs 1 and 2 shall be in writing, including in electronic form. 132
4 The controller or the processor and, where applicable, the controller's or the processor's representative, shall make the record available to the Commissioner on request. 132
5 The obligations referred to in paragraphs 1 and 2 shall not apply to an enterprise or an organisation employing fewer than 250 persons unless the processing it carries out is likely to result in a risk to the rights and freedoms of data subjects, th... 132
Article 31 Cooperation with the Commissioner 134
Article 32 Security of processing 135
1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and... 135
(a) the pseudonymisation and encryption of personal data; 135
(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; 135
(c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; 135
(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. 135
2 In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to pers... 135
3 Adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which to demonstrate compliance with the requirements set out in paragraph 1 of th... 136
4 The controller and processor shall take steps to ensure that any natural person acting under the authority of the controller or the processor who has access to personal data does not process them except on instructions from the controller, unless he... 136
Article 33 Notification of a personal data breach to the Commissioner 137
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 Commissioner, unless the personal data breach is unl... 137
2 The processor shall notify the controller without undue delay after becoming aware of a personal data breach. 137
3 The notification referred to in paragraph 1 shall at least: 137
(a) describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned, and the categories and approximate number of personal data records concerned; 137
(b) communicate the name and contact details of the data protection officer or other contact point where more information can be obtained; 137
(c) describe the likely consequences of the personal data breach; 137
(d) describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. 137
4 Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay. 137
5 The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the Commissioner to verify compliance with this Article. 137
Article 34 Communication of a personal data breach to the data subject 139
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. 139
2 The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (... 139
3 The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met: 139
(a) the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligibl... 139
(b) the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise; 139
(c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner. 139
4 If the controller has not already communicated the personal data breach to the data subject, the Commissioner, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of t... 139
Article 35 Data protection impact assessment 141
1 Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shal... 141
2 The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment. 141
3 A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of: 141
(a) a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similar... 141
(b) processing on a large scale of special categories of data referred to in Article 9(1), or of personal data relating to criminal convictions and offences referred to in Article 10; or 141
(c) a systematic monitoring of a publicly accessible area on a large scale. 141
4 The Commissioner shall establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to paragraph 1. 142
5 The Commissioner may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. 142
6 [Not retained in the UK GDPR]. 142
7 The assessment shall contain at least: 142
(a) a systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller; 142
(b) an assessment of the necessity and proportionality of the processing operations in relation to the purposes; 142
(c) an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and 142
(d) the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interest... 142
8 Compliance with approved codes of conduct referred to in Article 40 by the relevant controllers or processors shall be taken into due account in assessing the impact of the processing operations performed by such controllers or processors, in partic... 142
9 Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of commercial or public interests or the security of processing operations. 142
10 In the case of processing pursuant to point (c) or (e) of Article 6(1), paragraphs 1 to 7 of this Article do not apply if a data protection impact assessment has already been carried out for the processing as part of a general impact assessment req... 143
11 Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations. 143
Article 36 Prior consultation 144
1 The controller shall consult the Commissioner prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the... 144
2 Where the Commissioner is of the opinion that the intended processing referred to in paragraph 1 would infringe this Regulation, in particular where the controller has insufficiently identified or mitigated the risk, the Commissioner shall, within p... 144
3 When consulting the Commissioner pursuant to paragraph 1, the controller shall provide the Commissioner with: 144
(a) where applicable, the respective responsibilities of the controller, joint controllers and processors involved in the processing, in particular for processing within a group of undertakings; 144
(b) the purposes and means of the intended processing; 144
(c) the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to this Regulation; 144
(d) where applicable, the contact details of the data protection officer; 145
(e) the data protection impact assessment provided for in Article 35; and 145
(f) any other information requested by the Commissioner. 145
4 The relevant authority must consult the Commissioner during the preparation of a proposal for a legislative measure to be adopted by Parliament, the National Assembly for Wales, the Scottish Parliament or the Northern Ireland Assembly, or of a regul... 145
(a) in relation to a legislative measure adopted by Parliament, or a regulatory measure based on such a legislative measure, the Secretary of State; 145
(b) in relation to a legislative measure adopted by the National Assembly for Wales, or a regulatory measure based on such a legislative measure, the Welsh Ministers; 145
(c) in relation to a legislative measure adopted by the Scottish Parliament, or a regulatory measure based on such a legislative measure, the Scottish Ministers; 145
(d) in relation to a legislative measure adopted by the Northern Ireland Assembly, or a regulatory measure based on such a legislative measure, the relevant Northern Ireland Department. 145
5 [Not retained in the UK GDPR]. 145
Article 37 Designation of the data protection officer 146
1 The controller and the processor shall designate a data protection officer in any case where: 146
(a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; 146
(b) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or 146
(c) the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 or personal data relating to criminal convictions and offences referred to in Article 10. 146
2 A group of undertakings may appoint a single data protection officer provided that a data protection officer is easily accessible from each establishment. 146
3 Where the controller or the processor is a public authority or body, a single data protection officer may be designated for several such authorities or bodies, taking account of their organisational structure and size. 146
4 In cases other than those referred to in paragraph 1, the controller or processor or associations and other bodies representing categories of controllers or processors may designate a data protection officer. The data protection officer may act for ... 146
5 The data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks referred to in Article 39. 147
6 The data protection officer maybe a staff member of the controller or processor, or fulfil the tasks on the basis of a service contract. 147
7 The controller or the processor shall publish the contact details of the data protection officer and communicate them to the Commissioner. 147
Article 38 Position of the data protection officer 148
1 The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. 148
2 The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain... 148
3 The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. He or she shall not be dismissed or penalised by the controller or the processor for performing his t... 148
4 Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under this Regulation. 148
5 The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance domestic law. 148
6 The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests. 148
Article 39 Tasks of the data protection officer 149
1 The data protection officer shall have at least the following tasks: 149
(a) to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to domestic law relating to data protection; 149
(b) to monitor compliance with this Regulation, with other domestic law relating to data protection and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awar... 149
(c) to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35; 149
(d) to cooperate with the Commissioner; 149
(e) to act as the contact point for the Commissioner on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter. 149
2 The data protection officer shall in the performance of his or her tasks have due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing. 149
Article 40 Codes of conduct 150
1 The Commissioner shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various processing sectors and the specific needs of micro, small... 150
2 Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: 150
(a) fair and transparent processing; 150
(b) the legitimate interests pursued by controllers in specific contexts; 150
(c) the collection of personal data; 150
(d) the pseudonymisation of personal data; 150
(e) the information provided to the public and to data subjects; 150
(f) the exercise of the rights of data subjects; 150
(g) the information provided to, and the protection of, children, and the manner in which the consent of the holders of parental responsibility over children is to be obtained; 150
(h) the measures and procedures referred to in Article 24 and Article 25 and the measures to ensure security of processing referred to in Article 32; 150
(i) the notification of personal data breaches to the Commissioner and the communication of such personal data breaches to data subjects; 151
(j) the transfer of personal data to third countries or international organisations; or 151
(k) out-of-court proceedings and other dispute resolution procedures for resolving disputes between controllers and data subjects with regard to processing, without prejudice to the rights of data subjects pursuant to Article 77 and Article 79. 151
3 In addition to adherence by controllers or processors subject to this Regulation, codes of conduct approved pursuant to paragraph 5 of this Article may also be adhered to by controllers or processors that are not subject to this Regulation pursuant ... 151
4 A code of conduct referred to in paragraph 2 of this Article shall contain mechanisms which enable the body referred to in Article 41(1) to carry out the mandatory monitoring of compliance with its provisions by the controllers or processors which u... 151
5 Associations and other bodies referred to in paragraph 2 of this Article which intend to prepare a code of conduct or to amend or extend an existing code shall submit the draft code, amendment or extension to the Commissioner, who shall provide an o... 151
6 Where the draft code, or amendment or extension is approved in accordance with paragraph 5, the Commissioner shall register and publish the code. 152
7 [Not retained in the UK GDPR]. 152
8 [Not retained in the UK GDPR]. 152
9 [Not retained in the UK GDPR]. 152
10 [Not retained in the UK GDPR]. 152
11 [Not retained in the UK GDPR]. 152
Article 41 Monitoring of approved codes of conduct 153
1 Without prejudice to the tasks and powers of the Commissioner under Article 57 and Article 58, the monitoring of compliance with a code of conduct pursuant to Article 40 may be carried out by a body which has an appropriate level of expertise in rel... 153
2 A body as referred to in paragraph 1 may be accredited to monitor compliance with a code of conduct where that body has: 153
(a) demonstrated its independence and expertise in relation to the subject-matter of the code to the satisfaction of the Commissioner; 153
(b) established procedures which allow it to assess the eligibility of controllers and processors concerned to apply the code, to monitor their compliance with its provisions and to periodically review its operation; 153
(c) established procedures and structures to handle complaints about infringements of the code or the manner in which the code has been, or is being, implemented by a controller or processor, and to make those procedures and structures transparent to ... 153
(d) demonstrated to the satisfaction of the Commissioner that its tasks and duties do not result in a conflict of interests. 153
3 [Not retained in the UK GDPR]. 153
4 Without prejudice to the tasks and powers of the Commissioner and the provisions of CHAPTER VIII, a body as referred to in paragraph 1 of this Article shall, subject to appropriate safeguards, take appropriate action in cases of infringement of the ... 153
5 The Commissioner shall revoke the accreditation of a body as referred to in paragraph 1 if the requirements for accreditation are not, or are no longer, met or where actions taken by the body infringe this Regulation. 154
6 This Article shall not apply to processing carried out by public authorities and bodies. 154
Article 42 Certification 155
1 The Commissioner shall encourage the establishment of data protection certification mechanisms and of data protection seals and marks, for the purpose of demonstrating compliance with this Regulation of processing operations by controllers and proce... 155
2 In addition to adherence by controllers or processors subject to this Regulation, data protection certification mechanisms, seals or marks approved pursuant to paragraph 5 of this Article may be established for the purpose of demonstrating the exist... 155
3 The certification shall be voluntary and available via a process that is transparent. 155
4 A certification pursuant to this Article does not reduce the responsibility of the controller or the processor for compliance with this Regulation and is without prejudice to the tasks and powers of the Commissioner. 155
5 A certification pursuant to this Article shall be issued by the certification bodies referred to in Article 43 or by the Commissioner, on the basis of criteria approved by the Commissioner pursuant to Article 58(3). 155
6 The controller or processor which submits its processing to the certification mechanism shall provide the certification body referred to in Article 43, or where applicable, the Commissioner, with all information and access to its processing activiti... 155
7 Certification shall be issued to a controller or processor for a maximum period of three years and may be renewed, under the same conditions, provided that the relevant criteria continue to be met. Certification shall be withdrawn, as applicable, by... 156
8 The Commissioner shall collate all certification mechanisms and data protection seals and marks in a register and shall make them publicly available by any appropriate means. 156
Article 43 Certification bodies 157
1 Without prejudice to the tasks and powers of the Commissioner under Article 57 and Article 58, certification bodies which have an appropriate level of expertise in relation to data protection shall, after informing the Commissioner in order to allow... 157
(a) the Commissioner; 157
(b) the UK national accreditation body named in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council (1) in accordance with EN-ISO/IEC 17065/2012 and with the additional requirements established by the Commissioner. 157
2 Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have: 157
(a) demonstrated their independence and expertise in relation to the subject-matter of the certification to the satisfaction of the Commissioner; 157
(b) undertaken to respect the criteria referred to in Article 42(5) and approved by the Commissioner; 157
(c) established procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks; 157
(d) established procedures and structures to handle complaints about infringements of the certification or the manner in which the certification has been, or is being, implemented by the controller or processor, and to make those procedures and struct... 157
(e) demonstrated, to the satisfaction of the Commissioner, that their tasks and duties do not result in a conflict of interests. 158
3 The accreditation of certification bodies as referred to in paragraphs 1 and 2 of this Article shall take place on the basis of requirements approved by the Commissioner. In the case of accreditation pursuant to point (b) of paragraph 1 of this Arti... 158
4 The certification bodies referred to in paragraph 1 shall be responsible for the proper assessment leading to the certification or the withdrawal of such certification without prejudice to the responsibility of the controller or processor for compli... 158
5 The certification bodies referred to in paragraph 1 shall provide the Commissioner with the reasons for granting or withdrawing the requested certification. 158
6 The requirements referred to in paragraph 3 of this Article and the criteria referred to in Article 42(5) shall be made public by the Commissioner in an easily accessible form. 158
7 Without prejudice to Chapter VIII, the Commissioner or the UK national accreditation body shall revoke an accreditation of a certification body pursuant to paragraph 1 of this Article where the conditions for the accreditation are not, or are no lon... 158
8 [Not retained in the UK GDPR]. 159
9 [Not retained in the UK GDPR]. 159
CHAPTER V Transfers of personal data to third countries or international organisations 160
Article 44 General principle for transfers 160
Article 45 Transfers on the basis of an adequacy decision 161
1 A transfer of personal data to a third country or an international organisation may take place where it is based on adequacy regulations (see section 17A of the 2018 Act). Such a transfer shall not require any specific authorisation. 161
2 When assessing the adequacy of the level of protection, for the purposes of sections 17A and 17B of the 2018 Act, the Secretary of State shall, in particular, take account of the following elements: 161
(a) the rule of law, respect for human rights and fundamental freedoms, relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal... 161
(b) the existence and effective functioning of one or more independent supervisory authorities in the third country or to which an international organisation is subject, with responsibility for ensuring and enforcing compliance with the data protectio... 161
(c) the international commitments the third country or international organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional sy... 161
3 [Not retained in the UK GDPR]. 162
4 [Not retained in the UK GDPR]. 162
5 [Not retained in the UK GDPR]. 162
6 [Not retained in the UK GDPR]. 162
7 The amendment or revocation of regulations under section 17A of the 2018 Act is without prejudice to transfers of personal data to the third country, a territory or one or more specified sectors within that third country, or the international organi... 162
8 [Not retained in the UK GDPR]. 162
9 [Not retained in the UK GDPR]. 162
Article 46 Transfers subject to appropriate safeguards 163
1 In the absence of adequacy regulations under section 17A of the 2018 Act, a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has provided appropriate safeguard... 163
2 The appropriate safeguards referred to in paragraph 1 may be provided for, without requiring any specific authorisation from the Commissioner, by: 163
(a) a legally binding and enforceable instrument between public authorities or bodies; 163
(b) binding corporate rules in accordance with Article 47; 163
(c) standard data protection clauses specified in regulations made by the Secretary of State under section 17C of the 2018 Act and for the time being in force; 163
(d) standard data protection clauses specified in a document issued (and not withdrawn) by the Commissioner under section 119A of the 2018 Act and for the time being in force; 163
(e) an approved code of conduct pursuant to Article 40 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects' rights; or 163
(f) an approved certification mechanism pursuant to Article 42 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects' rights. 163
3 With authorisation from the Commissioner, the appropriate safeguards referred to in paragraph 1 may also be provided for, in particular, by: 164
(a) contractual clauses between the controller or processor and the controller, processor or the recipient of the personal data in the third country or international organisation; or 164
(b) provisions to be inserted into administrative arrangements between public authorities or bodies which include enforceable and effective data subject rights. 164
4 [Not retained in the UK GDPR]. 164
5 [Not retained in the UK GDPR]. 164
Article 47 Binding corporate rules 165
1 The Commissioner shall approve binding corporate rules, provided that they: 165
(a) are legally binding and apply to and are enforced by every member concerned of the group of undertakings, or group of enterprises engaged in a joint economic activity, including their employees; 165
(b) expressly confer enforceable rights on data subjects with regard to the processing of their personal data; and 165
(c) fulfil the requirements laid down in paragraph 2. 165
2 The binding corporate rules referred to in paragraph 1 shall specify at least: 165
(a) the structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic activity and of each of its members; 165
(b) the data transfers or set of transfers, including the categories of personal data, the type of processing and its purposes, the type of data subjects affected and the identification of the third country or countries in question; 165
(c) their legally binding nature, both internally and externally; 165
(d) the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, legal basis for processing, processing of special cate... 165
(e) the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to be subject to decisions based solely on automated processing, including profiling in accordance with Article 22, the right to lo... 166
(f) the acceptance by the controller or processor established in the United Kingdom of liability for any breaches of the binding corporate rules by any member concerned not established in the United Kingdom; the controller or the processor shall be ex... 166
(g) how the information on the binding corporate rules, in particular on the provisions referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects in addition to Article 13 and Article 14; 166
(h) the tasks of any data protection officer designated in accordance with Article 37 or any other person or entity in charge of the monitoring compliance with the binding corporate rules within the group of undertakings, or group of enterprises engag... 166
(i) the complaint procedures; 166
(j) the mechanisms within the group of undertakings, or group of enterprises engaged in a joint economic activity for ensuring the verification of compliance with the binding corporate rules. Such mechanisms shall include data protection audits and me... 166
(k) the mechanisms for reporting and recording changes to the rules and reporting those changes to the Commissioner; 167
(l) the cooperation mechanism with the Commissioner to ensure compliance by any member of the group of undertakings, or group of enterprises engaged in a joint economic activity, in particular by making available to the Commissioner the results of ver... 167
(m) the mechanisms for reporting to the Commissioner any legal requirements to which a member of the group of undertakings, or group of enterprises engaged in a joint economic activity is subject in a third country which are likely to have a substanti... 167
3 [Not retained in the UK GDPR]. 167
Article 48 [Removed] 168
Article 49 Derogations for specific situations 168
1 In the absence of adequacy regulations under section 17A of the 2018 Act, or of appropriate safeguards pursuant to Article 46, including binding corporate rules, a transfer or a set of transfers of personal data to a third country or an internationa... 168
(a) the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards; 168
(b) the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request; 168
(c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person; 168
(d) the transfer is necessary for important reasons of public interest; 168
(e) the transfer is necessary for the establishment, exercise or defence of legal claims; 168
(f) the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent; 168
(g) the transfer is made from a register which according to domestic law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but... 168
2 A transfer pursuant to point (g) of the first subparagraph of paragraph 1 shall not involve the entirety of the personal data or entire categories of the personal data contained in the register. Where the register is intended for consultation by per... 169
3 Points (a), (b) and (c) of the first subparagraph of paragraph 1 and the second subparagraph thereof shall not apply to activities carried out by public authorities in the exercise of their public powers. 169
4 The public interest referred to in point (d) of the first subparagraph of paragraph 1 must be public interest that is recognised in domestic law (whether in regulations under section 18(1) of the 2018 Act or otherwise). 169
5 [Not retained in the UK GDPR]. 170
6 The controller or processor shall document the assessment as well as the suitable safeguards referred to in the second subparagraph of paragraph 1 of this Article in the records referred to in Article 30. 170
Article 50 International cooperation for the protection of personal data 171
1 In relation to third countries and international organisations, the Commissioner shall take appropriate steps to: 171
(a) develop international cooperation mechanisms to facilitate the effective enforcement of legislation for the protection of personal data; 171
(b) provide international mutual assistance in the enforcement of legislation for the protection of personal data, including through notification, complaint referral, investigative assistance and information exchange, subject to appropriate safeguards... 171
(c) engage relevant stakeholders in discussion and activities aimed at furthering international cooperation in the enforcement of legislation for the protection of personal data; 171
(d) promote the exchange and documentation of personal data protection legislation and practice, including on jurisdictional conflicts with third countries. 171
CHAPTER VI The Commissioner 172
Article 51 Monitoring the application of this Regulation 172
1 The Commissioner is responsible for monitoring the application of this Regulation, in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data. 172
2 [Not retained in the UK GDPR]. 172
3 [Not retained in the UK GDPR]. 172
4 [Not retained in the UK GDPR]. 172
Article 52 Independence 173
1 The Commissioner shall act with complete independence in performing tasks and exercising powers in accordance with this Regulation. 173
2 The Commissioner shall, in the performance of tasks and exercise of powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody. 173
3 The Commissioner shall refrain from any action incompatible with the Commissioner's duties and shall not, while holding office, engage in any incompatible occupation, whether gainful or not. 173
4 [Not retained in the UK GDPR]. 173
5 [Not retained in the UK GDPR]. 173
6 [Not retained in the UK GDPR]. 173
Article 53 [Removed] 173
Article 54 [Removed] 173
Article 55 [Removed] 174
Article 56 [Removed] 174
Article 57 Tasks 175
1 Without prejudice to other tasks set out under this Regulation, the Commissioner must: 175
(a) monitor and enforce the application of this Regulation; 175
(b) promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention; 175
(c) advise Parliament, the government, and other institutions and bodies on legislative and administrative measures relating to the protection of natural persons' rights and freedoms with regard to processing; 175
(d) promote the awareness of controllers and processors of their obligations under this Regulation; 175
(e) upon request, provide information to any data subject concerning the exercise of their rights under this Regulation and, if appropriate, cooperate with foreign designated authorities to that end; 175
(f) handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the... 175
(g) [Not retained in the UK GDPR]. 175
(h) conduct investigations on the application of this Regulation, including on the basis of information received from a foreign designated authority or other public authority; 175
(i) monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies and commercial practices; 176
(j) adopt standard contractual clauses referred to in Article 28(8) and issue standard data protection clauses referred to in point (d) of Article 46(2); 176
(k) establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4); 176
(l) give advice on the processing operations referred to in Article 36(2); 176
(m) encourage the drawing up of codes of conduct pursuant to Article 40(1) and provide an opinion and approve such codes of conduct which provide sufficient safeguards, pursuant to Article 40(5); 176
(n) encourage the establishment of data protection certification mechanisms and of data protection seals and marks pursuant to Article 42(1), and approve the criteria of certification pursuant to Article 42(5); 176
(o) where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7); 176
(i) maintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of controllers or processors established in third countries and certified pursuant to Article 42(7); 176
(p) draft and publish the requirements for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43; 176
(q) conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43; 177
(r) authorise contractual clauses and provisions referred to in Article 46(3); 177
(s) approve binding corporate rules pursuant to Article 47; 177
(t) [Not retained in the UK GDPR]. 177
(u) keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2); and 177
(v) fulfil any other tasks related to the protection of personal data. 177
2 The Commissioner shall facilitate the submission of complaints referred to in point (f) of paragraph 1 by measures such as a complaint submission form which can also be completed electronically, without excluding other means of communication. 177
3 The performance of the Commissioner's tasks is to be free of charge for the data subject and, where applicable, for the data protection officer. 177
4 Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the Commissioner may charge a reasonable fee based on administrative costs, or refuse to act on the request. The Commissioner shall bear the b... 177
Article 58 Powers 178
1 The Commissioner has all of the following investigative powers: 178
(a) to order the controller and the processor, and, where applicable, the controller's or the processor's representative to provide any information it requires for the performance of its tasks; 178
(b) to carry out investigations in the form of data protection audits; 178
(c) to carry out a review on certifications issued pursuant to Article 42(7); 178
(d) to notify the controller or the processor of an alleged infringement of this Regulation; 178
(e) to obtain, from the controller and the processor, access to all personal data and to all information necessary for the performance of the Commissioner's tasks; 178
(f) to obtain access to any premises of the controller and the processor, including to any data processing equipment and means, in accordance with domestic law. 178
2 The Commissioner has all of the following corrective powers: 178
(a) to issue warnings to a controller or processor that intended processing operations are likely to infringe provisions of this Regulation; 178
(b) to issue reprimands to a controller or a processor where processing operations have infringed provisions of this Regulation; 178
(c) to order the controller or the processor to comply with the data subject's requests to exercise his or her rights pursuant to this Regulation; 179
(d) to order the controller or processor to bring processing operations into compliance with the provisions of this Regulation, where appropriate, in a specified manner and within a specified period; 179
(e) to order the controller to communicate a personal data breach to the data subject; 179
(f) to impose a temporary or definitive limitation including a ban on processing; 179
(g) to order the rectification or erasure of personal data or restriction of processing pursuant to Article 16, Article 17 and Article 18 and the notification of such actions to recipients to whom the personal data have been disclosed pursuant to Arti... 179
(h) to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Article 42 and Article 43, or to order the certification body not to issue certification if the requirements for the certification are no... 179
(i) to impose an administrative fine pursuant to Article 83, in addition to, or instead of measures referred to in this paragraph, depending on the circumstances of each individual case; 179
(j) to order the suspension of data flows to a recipient in a third country or to an international organisation. 179
3 The Commissioner has all of the following authorisation and advisory powers: 179
(a) to advise the controller in accordance with the prior consultation procedure referred to in Article 36; 179
(b) to issue, on the Commissioner's own initiative or on request, opinions to Parliament, the government or other institutions and bodies as well as to the public on any issue related to the protection of personal data; 180
(c) [Not retained in the UK GDPR]. 180
(d) to issue an opinion and approve draft codes of conduct pursuant to Article 40(5); 180
(e) to accredit certification bodies pursuant to Article 43; 180
(f) to issue certifications and approve criteria of certification in accordance with Article 42(5); 180
(g) to adopt standard data protection clauses referred to in Article 28(8) and in point (d) of Article 46(2); 180
(h) to authorise contractual clauses referred to in point (a) of Article 46(3); 180
(i) to authorise administrative arrangements referred to in point (b) of Article 46(3); 180
(j) to approve binding corporate rules pursuant to Article 47. 180
4 [Not retained in the UK GDPR]. 180
5 [Not retained in the UK GDPR]. 180
6 [Not retained in the UK GDPR]. 180
Article 59 Activity reports 181
CHAPTER VII [Removed – Articles 60-76] 182
CHAPTER VIII Remedies, liability and penalties 182
Article 77 Right to lodge a complaint with the Commissioner 182
1 Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with the Commissioner if the data subject considers that the processing of personal data relating to him or her infringes ... 182
2 The Commissioner shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78. 182
Article 78 Right to an effective judicial remedy against the Commissioner 183
1 Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of the Commissioner concerning them. 183
2 Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to an effective judicial remedy where the Commissioner does not handle a complaint or does not inform the data subject within three months o... 183
3 [Not retained in the UK GDPR]. 183
4 [Not retained in the UK GDPR]. 183
Article 79 Right to an effective judicial remedy against a controller or processor 184
1 Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with the Commissioner pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she c... 184
2 [Not retained in the UK GDPR]. 184
Article 80 Representation of data subjects 185
1 The data subject shall have the right to mandate a body or other organisation which meets the conditions in section 187(3) and (4) of the 2018 Act to lodge the complaint on his or her behalf, to exercise the rights referred to in Article 77, Article... 185
2 The Secretary of State may provide that any body, organisation or association referred to in paragraph 1 of this Article, independently of a data subject's mandate, has the right to lodge a complaint with the Commissioner and to exercise the rights ... 185
3 The Secretary of State may exercise the power under paragraph 2 of this Article only by making regulations under section 190 of the 2018 Act. 185
Article 81 [Removed] 185
Article 82 Right to compensation and liability 186
1 Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. 186
2 Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regula... 186
3 A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage. 186
4 Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall ... 186
5 Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processin... 186
6 [Not retained in the UK GDPR]. 186
Article 83 General conditions for imposing administrative fines 187
1 The Commissioner shall ensure that the imposition of administrative fines pursuant to this Article in respect of infringements of this Regulation referred to in paragraphs 4, 5 and 6 shall in each individual case be effective, proportionate and diss... 187
2 Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in points (a) to (h) and (j) of Article 58(2). When deciding whether to impose an administrative fine ... 187
(a) the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of data subjects affected and the level of damage suffered by them; 187
(b) the intentional or negligent character of the infringement; 187
(c) any action taken by the controller or processor to mitigate the damage suffered by data subjects; 187
(d) the degree of responsibility of the controller or processor taking into account technical and organisational measures implemented by them pursuant to Article 25 and Article 32; 187
(e) any relevant previous infringements by the controller or processor; 187
(f) the degree of cooperation with the Commissioner, in order to remedy the infringement and mitigate the possible adverse effects of the infringement; 187
(g) the categories of personal data affected by the infringement; 188
(h) the manner in which the infringement became known to the Commissioner, in particular whether, and if so to what extent, the controller or processor notified the infringement; 188
(i) where measures referred to in Article 58(2) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures; 188
(j) adherence to approved codes of conduct pursuant to Article 40 or approved certification mechanisms pursuant to Article 42; and 188
(k) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. 188
3 If a controller or processor intentionally or negligently, for the same or linked processing operations, infringes several provisions of this Regulation, the total amount of the administrative fine shall not exceed the amount specified for the grave... 188
4 Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to £8,700,000, or in the case of an undertaking, up to 2% of the total worldwide annual turnover of the preceding financial year, ... 188
(a) the obligations of the controller and the processor pursuant to Article 8, Article 11, Article 25 to Article 39 and Article 42 and Article 43; 188
(b) the obligations of the certification body pursuant to Article 42 and Article 43; 188
(c) the obligations of the monitoring body pursuant to Article 41(4). 188
5 Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to £17,500,000, or in the case of an undertaking, up to 4% of the total worldwide annual turnover of the preceding financial year,... 189
(a) the basic principles for processing, including conditions for consent, pursuant to Article 5, Article 6, Article 7 and Article 9; 189
(b) the data subjects' rights pursuant to Article 12 to Article 22; 189
(c) the transfers of personal data to a recipient in a third country or an international organisation pursuant to Article 44 to Article 49; 189
(d) any obligations under Part 5 or 6 of Schedule 2 to the 2018 Act or regulations made under section 16(1)(c) of the 2018 Act; 189
(e) non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by the Commissioner pursuant to Article 58(2) or failure to provide access in violation of Article 58(1). 189
6 Non-compliance with an order by the Commissioner as referred to in Article 58(2) shall, in accordance with paragraph 2 of this Article, be subject to administrative fines up to £17,500,000, or in the case of an undertaking, up to 4% of the total wor... 189
7 [Not retained in the UK GDPR]. 189
8 [Not retained in the UK GDPR]. 189
9 [Not retained in the UK GDPR]. 189
10 In the 2018 Act, section 115(9) makes provision about the exercise of the Commissioner's functions under this Article. 189
Article 84 Penalties 191
1 [Not retained in the UK GDPR]. 191
2 [Not retained in the UK GDPR]. 191
CHAPTER IX Provisions relating to specific processing situations 192
Article 85 Processing and freedom of expression and information 192
1 [Not retained in the UK GDPR]. 192
2 For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, the Secretary of State may provide for exemptions or derogations from CHAPTER II (principles), CHAPTER III (rights of the data subject),... 192
2A. The Secretary of State may exercise the power under paragraph 2 of this Article only by making regulations under section 16 of the 2018 Act. 192
3 [Not retained in the UK GDPR]. 192
Article 86 Processing and public access to official documents 193
1 Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with domestic law to which the... 193
2 Chapter 3 of Part 2 of the 2018 Act makes provision about the application of this Regulation to the manual unstructured processing of personal data held by an FOI public authority (as defined in Article 2). 193
Article 87 [Removed] 194
Article 88 [Removed] 194
Article 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes 195
1 Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, shall be subject to appropriate safeguards, in accordance with this Regulation, for the rights and freedoms of the data sub... 195
1A. In the 2018 Act, section 19 makes provision about when the requirements in paragraph 1 are satisfied. 195
2 [Not retained in the UK GDPR]. 195
3 [Not retained in the UK GDPR]. 195
4 [Not retained in the UK GDPR]. 195
CHAPTER X [Removed – Articles 90-93] 196
CHAPTER XI Final provisions 196
Article 94 Repeal of Directive 95/46/EC 196
1 [Not retained in the UK GDPR]. 196
2 References to Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (which ceased to have effect on... 196
Article 95 Relationship with Directive 2002/58/EC 197
Article 96 Relationship with previously concluded Agreements 198
Article 97 - 99 [Removed] 198

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