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gdpr.yaml
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urn: urn:intuitem:risk:library:gdpr
locale: en
ref_id: GDPR
name: General Data Protection Regulation
description: 'REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 April 2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation)
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02016R0679-20160504'
copyright: European Union law
version: 1
publication_date: 2024-07-12
provider: EU
packager: intuitem
objects:
framework:
urn: urn:intuitem:risk:framework:gdpr
ref_id: GDPR
name: General Data Protection Regulation
description: 'REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 April 2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation)
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02016R0679-20160504'
requirement_nodes:
- urn: urn:intuitem:risk:req_node:gdpr:preambule
assessable: false
depth: 1
ref_id: Preambule
- urn: urn:intuitem:risk:req_node:gdpr:recital-1
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 1
description: "The protection of natural persons in relation to the processing\
\ of personal data is a fundamental right. Article 8(1) of the Charter of\
\ Fundamental Rights of the European Union (the \u2018Charter\u2019) and Article\
\ 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide\
\ that everyone has the right to the protection of personal data concerning\
\ him or her."
- urn: urn:intuitem:risk:req_node:gdpr:recital-2
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 2
description: The principles of, and rules on the protection of natural persons
with regard to the processing of their personal data should, whatever their
nationality or residence, respect their fundamental rights and freedoms, in
particular their right to the protection of personal data. This Regulation
is intended to contribute to the accomplishment of an area of freedom, security
and justice and of an economic union, to economic and social progress, to
the strengthening and the convergence of the economies within the internal
market, and to the well-being of natural persons.
- urn: urn:intuitem:risk:req_node:gdpr:recital-3
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 3
description: Directive 95/46/EC of the European Parliament and of the Council
(4) seeks to harmonise the protection of fundamental rights and freedoms of
natural persons in respect of processing activities and to ensure the free
flow of personal data between Member States.
- urn: urn:intuitem:risk:req_node:gdpr:recital-4
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 4
description: The processing of personal data should be designed to serve mankind.
The right to the protection of personal data is not an absolute right; it
must be considered in relation to its function in society and be balanced
against other fundamental rights, in accordance with the principle of proportionality.
This Regulation respects all fundamental rights and observes the freedoms
and principles recognised in the Charter as enshrined in the Treaties, in
particular the respect for private and family life, home and communications,
the protection of personal data, freedom of thought, conscience and religion,
freedom of expression and information, freedom to conduct a business, the
right to an effective remedy and to a fair trial, and cultural, religious
and linguistic diversity.
- urn: urn:intuitem:risk:req_node:gdpr:recital-5
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 5
description: The economic and social integration resulting from the functioning
of the internal market has led to a substantial increase in cross-border flows
of personal data. The exchange of personal data between public and private
actors, including natural persons, associations and undertakings across the
Union has increased. National authorities in the Member States are being called
upon by Union law to cooperate and exchange personal data so as to be able
to perform their duties or carry out tasks on behalf of an authority in another
Member State.
- urn: urn:intuitem:risk:req_node:gdpr:recital-6
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 6
description: Rapid technological developments and globalisation have brought
new challenges for the protection of personal data. The scale of the collection
and sharing of personal data has increased significantly. Technology allows
both private companies and public authorities to make use of personal data
on an unprecedented scale in order to pursue their activities. Natural persons
increasingly make personal information available publicly and globally. Technology
has transformed both the economy and social life, and should further facilitate
the free flow of personal data within the Union and the transfer to third
countries and international organisations, while ensuring a high level of
the protection of personal data.
- urn: urn:intuitem:risk:req_node:gdpr:recital-7
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 7
description: Those developments require a strong and more coherent data protection
framework in the Union, backed by strong enforcement, given the importance
of creating the trust that will allow the digital economy to develop across
the internal market. Natural persons should have control of their own personal
data. Legal and practical certainty for natural persons, economic operators
and public authorities should be enhanced
- urn: urn:intuitem:risk:req_node:gdpr:recital-8
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 8
description: Where this Regulation provides for specifications or restrictions
of its rules by Member State law, Member States may, as far as necessary for
coherence and for making the national provisions comprehensible to the persons
to whom they apply, incorporate elements of this Regulation into their national
law.
- urn: urn:intuitem:risk:req_node:gdpr:recital-9
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 9
description: The objectives and principles of Directive 95/46/EC remain sound,
but it has not prevented fragmentation in the implementation of data protection
across the Union, legal uncertainty or a widespread public perception that
there are significant risks to the protection of natural persons, in particular
with regard to online activity. Differences in the level of protection of
the rights and freedoms of natural persons, in particular the right to the
protection of personal data, with regard to the processing of personal data
in the Member States may prevent the free flow of personal data throughout
the Union. Those differences may therefore constitute an obstacle to the pursuit
of economic activities at the level of the Union, distort competition and
impede authorities in the discharge of their responsibilities under Union
law. Such a difference in levels of protection is due to the existence of
differences in the implementation and application of Directive 95/46/EC.
- urn: urn:intuitem:risk:req_node:gdpr:recital-10
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 10
description: "In order to ensure a consistent and high level of protection of\
\ natural persons and to remove the obstacles to flows of personal data within\
\ the Union, the level of protection of the rights and freedoms of natural\
\ persons with regard to the processing of such data should be equivalent\
\ in all Member States. Consistent and homogenous application of the rules\
\ for the protection of the fundamental rights and freedoms of natural persons\
\ with regard to the processing of personal data should be ensured throughout\
\ the Union. Regarding the processing of personal data for compliance with\
\ a legal obligation, for the performance of a task carried out in the public\
\ interest or in the exercise of official authority vested in the controller,\
\ Member States should be allowed to maintain or introduce national provisions\
\ to further specify the application of the rules of this Regulation. In conjunction\
\ with the general and horizontal law on data protection implementing Directive\
\ 95/46/EC, Member States have several sector-specific laws in areas that\
\ need more specific provisions. This Regulation also provides a margin of\
\ manoeuvre for Member States to specify its rules, including for the processing\
\ of special categories of personal data (\u2018sensitive data\u2019). To\
\ that extent, this Regulation does not exclude Member State law that sets\
\ out the circumstances for specific processing situations, including determining\
\ more precisely the conditions under which the processing of personal data\
\ is lawful."
- urn: urn:intuitem:risk:req_node:gdpr:recital-11
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 11
description: Effective protection of personal data throughout the Union requires
the strengthening and setting out in detail of the rights of data subjects
and the obligations of those who process and determine the processing of personal
data, as well as equivalent powers for monitoring and ensuring compliance
with the rules for the protection of personal data and equivalent sanctions
for infringements in the Member States.
- urn: urn:intuitem:risk:req_node:gdpr:recital-12
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 12
description: Article 16(2) TFEU mandates the European Parliament and the Council
to lay down the rules relating to the protection of natural persons with regard
to the processing of personal data and the rules relating to the free movement
of personal data.
- urn: urn:intuitem:risk:req_node:gdpr:recital-13
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 13
description: In order to ensure a consistent level of protection for natural
persons throughout the Union and to prevent divergences hampering the free
movement of personal data within the internal market, a Regulation is necessary
to provide legal certainty and transparency for economic operators, including
micro, small and medium-sized enterprises, and to provide natural persons
in all Member States with the same level of legally enforceable rights and
obligations and responsibilities for controllers and processors, to ensure
consistent monitoring of the processing of personal data, and equivalent sanctions
in all Member States as well as effective cooperation between the supervisory
authorities of different Member States. The proper functioning of the internal
market requires that the free movement of personal data within the Union is
not restricted or prohibited for reasons connected with the protection of
natural persons with regard to the processing of personal data. To take account
of the specific situation of micro, small and medium-sized enterprises, this
Regulation includes a derogation for organisations with fewer than 250 employees
with regard to record-keeping. In addition, the Union institutions and bodies,
and Member States and their supervisory authorities, are encouraged to take
account of the specific needs of micro, small and medium-sized enterprises
in the application of this Regulation. The notion of micro, small and medium-sized
enterprises should draw from Article 2 of the Annex to Commission Recommendation
2003/361/EC (1).
- urn: urn:intuitem:risk:req_node:gdpr:recital-14
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 14
description: The protection afforded by this Regulation should apply to natural
persons, whatever their nationality or place of residence, in relation to
the processing of their personal data. This Regulation does not cover the
processing of personal data which concerns legal persons and in particular
undertakings established as legal persons, including the name and the form
of the legal person and the contact details of the legal person
- urn: urn:intuitem:risk:req_node:gdpr:recital-15
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 15
description: In order to prevent creating a serious risk of circumvention, the
protection of natural persons should be technologically neutral and should
not depend on the techniques used. The protection of natural persons should
apply to the processing of personal data by automated means, as well as to
manual processing, if the personal data are contained or are intended to be
contained in a filing system. Files or sets of files, as well as their cover
pages, which are not structured according to specific criteria should not
fall within the scope of this Regulation.
- urn: urn:intuitem:risk:req_node:gdpr:recital-16
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 16
description: This Regulation does not apply to issues of protection of fundamental
rights and freedoms or the free flow of personal data related to activities
which fall outside the scope of Union law, such as activities concerning national
security. This Regulation does not apply to the processing of personal data
by the Member States when carrying out activities in relation to the common
foreign and security policy of the Union.
- urn: urn:intuitem:risk:req_node:gdpr:recital-17
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 17
description: Regulation (EC) No 45/2001 of the European Parliament and of the
Council (2) applies to the processing of personal data by the Union institutions,
bodies, offices and agencies. Regulation (EC) No 45/2001 and other Union legal
acts applicable to such processing of personal data should be adapted to the
principles and rules established in this Regulation and applied in the light
of this Regulation. In order to provide a strong and coherent data protection
framework in the Union, the necessary adaptations of Regulation (EC) No 45/2001
should follow after the adoption of this Regulation, in order to allow application
at the same time as this Regulation.
- urn: urn:intuitem:risk:req_node:gdpr:recital-18
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 18
description: This Regulation does not apply to the processing of personal data
by a natural person in the course of a purely personal or household activity
and thus with no connection to a professional or commercial activity. Personal
or household activities could include correspondence and the holding of addresses,
or social networking and online activity undertaken within the context of
such activities. However, this Regulation applies to controllers or processors
which provide the means for processing personal data for such personal or
household activities.
- urn: urn:intuitem:risk:req_node:gdpr:recital-19
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 19
description: The protection of natural persons with regard to the processing
of personal data by competent authorities for the purposes of 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 and the free movement of such data, is the subject
of a specific Union legal act. This Regulation should not, therefore, apply
to processing activities for those purposes. However, personal data processed
by public authorities under this Regulation should, when used for those purposes,
be governed by a more specific Union legal act, namely Directive (EU) 2016/680
of the European Parliament and of the Council (1). Member States may entrust
competent authorities within the meaning of Directive (EU) 2016/680 with tasks
which are not necessarily carried out for the purposes of the prevention,
investigation, detection or prosecution of criminal offences or the execution
of criminal penalties, including the safeguarding against and prevention of
threats to public security, so that the processing of personal data for those
other purposes, in so far as it is within the scope of Union law, falls within
the scope of this Regulation.
- urn: urn:intuitem:risk:req_node:gdpr:node22
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
description: With regard to the processing of personal data by those competent
authorities for purposes falling within scope of this Regulation, Member States
should be able to maintain or introduce more specific provisions to adapt
the application of the rules of this Regulation. Such provisions may determine
more precisely specific requirements for the processing of personal data by
those competent authorities for those other purposes, taking into account
the constitutional, organisational and administrative structure of the respective
Member State. When the processing of personal data by private bodies falls
within the scope of this Regulation, this Regulation should provide for the
possibility for Member States under specific conditions to restrict by law
certain obligations and rights when such a restriction constitutes a necessary
and proportionate measure in a democratic society to safeguard specific important
interests including public security and 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. This is relevant for instance in the framework of anti-money laundering
or the activities of forensic laboratories.
- urn: urn:intuitem:risk:req_node:gdpr:recital-20
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 20
description: While this Regulation applies, inter alia, to the activities of
courts and other judicial authorities, Union or Member State law could specify
the processing operations and processing procedures in relation to the processing
of personal data by courts and other judicial authorities. The competence
of the supervisory authorities should not cover the processing of personal
data when courts are acting in their judicial capacity, in order to safeguard
the independence of the judiciary in the performance of its judicial tasks,
including decision- making. It should be possible to entrust supervision of
such data processing operations to specific bodies within the judicial system
of the Member State, which should, in particular ensure compliance with the
rules of this Regulation, enhance awareness among members of the judiciary
of their obligations under this Regulation and handle complaints in relation
to such data processing operations.
- urn: urn:intuitem:risk:req_node:gdpr:recital-21
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 21
description: This Regulation is without prejudice to the application of Directive
2000/31/EC of the European Parliament and of the Council (2), in particular
of the liability rules of intermediary service providers in Articles 12 to
15 of that Directive. That Directive seeks to contribute to the proper functioning
of the internal market by ensuring the free movement of information society
services between Member States.
- urn: urn:intuitem:risk:req_node:gdpr:recital-22
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 22
description: Any processing of personal data in the context of the activities
of an establishment of a controller or a processor in the Union should be
carried out in accordance with this Regulation, regardless of whether the
processing itself takes place within the Union. Establishment implies the
effective and real exercise of activity through stable arrangements. The legal
form of such arrangements, whether through a branch or a subsidiary with a
legal personality, is not the determining factor in that respect.
- urn: urn:intuitem:risk:req_node:gdpr:recital-23
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 23
description: ' In order to ensure that natural persons are not deprived of the
protection to which they are entitled under this Regulation, the processing
of personal data of data subjects who are in the Union by a controller or
a processor not established in the Union should be subject to this Regulation
where the processing activities are related to offering goods or services
to such data subjects irrespective of whether connected to a payment. In order
to determine whether such a controller or processor is offering goods or services
to data subjects who are in the Union, it should be ascertained whether it
is apparent that the controller or processor envisages offering services to
data subjects in one or more Member States in the Union. Whereas the mere
accessibility of the controller''s, processor''s or an intermediary''s website
in the Union, of an email address or of other contact details, or the use
of a language generally used in the third country where the controller is
established, is insufficient to ascertain such intention, factors such as
the use of a language or a currency generally used in one or more Member States
with the possibility of ordering goods and services in that other language,
or the mentioning of customers or users who are in the Union, may make it
apparent that the controller envisages offering goods or services to data
subjects in the Union.'
- urn: urn:intuitem:risk:req_node:gdpr:recital-24
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 24
description: The processing of personal data of data subjects who are in the
Union by a controller or processor not established in the Union should also
be subject to this Regulation when it is related to the monitoring of the
behaviour of such data subjects in so far as their behaviour takes place within
the Union. In order to determine whether a processing activity can be considered
to monitor the behaviour of data subjects, it should be ascertained whether
natural persons are tracked on the internet including potential subsequent
use of personal data processing techniques which consist of profiling a natural
person, particularly in order to take decisions concerning her or him or for
analysing or predicting her or his personal preferences, behaviours and attitudes.
- urn: urn:intuitem:risk:req_node:gdpr:recital-25
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 25
description: Where Member State law applies by virtue of public international
law, this Regulation should also apply to a controller not established in
the Union, such as in a Member State's diplomatic mission or consular post.
- urn: urn:intuitem:risk:req_node:gdpr:recital-26
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 26
description: The principles of data protection should apply to any information
concerning an identified or identifiable natural person. Personal data which
have undergone pseudonymisation, which could be attributed to a natural person
by the use of additional information should be considered to be information
on an identifiable natural person. To determine whether a natural person is
identifiable, account should be taken of all the means reasonably likely to
be used, such as singling out, either by the controller or by another person
to identify the natural person directly or indirectly. To ascertain whether
means are reasonably likely to be used to identify the natural person, account
should be taken of all objective factors, such as the costs of and the amount
of time required for identification, taking into consideration the available
technology at the time of the processing and technological developments. The
principles of data protection should therefore not apply to anonymous information,
namely information which does not relate to an identified or identifiable
natural person or to personal data rendered anonymous in such a manner that
the data subject is not or no longer identifiable. This Regulation does not
therefore concern the processing of such anonymous information, including
for statistical or research purposes.
- urn: urn:intuitem:risk:req_node:gdpr:recital-27
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 27
description: This Regulation does not apply to the personal data of deceased
persons. Member States may provide for rules regarding the processing of personal
data of deceased persons.
- urn: urn:intuitem:risk:req_node:gdpr:recital-28
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 28
description: "The application of pseudonymisation to personal data can reduce\
\ the risks to the data subjects concerned and help controllers and processors\
\ to meet their data-protection obligations. The explicit introduction of\
\ \u2018pseudonymisation\u2019 in this Regulation is not intended to preclude\
\ any other measures of data protection."
- urn: urn:intuitem:risk:req_node:gdpr:recital-29
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 29
description: In order to create incentives to apply pseudonymisation when processing
personal data, measures of pseudonymisation should, whilst allowing general
analysis, be possible within the same controller when that controller has
taken technical and organisational measures necessary to ensure, for the processing
concerned, that this Regulation is implemented, and that additional information
for attributing the personal data to a specific data subject is kept separately.
The controller processing the personal data should indicate the authorised
persons within the same controller.
- urn: urn:intuitem:risk:req_node:gdpr:recital-30
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 30
description: Natural persons may be associated with online identifiers provided
by their devices, applications, tools and protocols, such as internet protocol
addresses, cookie identifiers or other identifiers such as radio frequency
identification tags. This may leave traces which, in particular when combined
with unique identifiers and other information received by the servers, may
be used to create profiles of the natural persons and identify them.
- urn: urn:intuitem:risk:req_node:gdpr:recital-31
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 31
description: Public authorities to which personal data are disclosed in accordance
with a legal obligation for the exercise of their official mission, such as
tax and customs authorities, financial investigation units, independent administrative
authorities, or financial market authorities responsible for the regulation
and supervision of securities markets should not be regarded as recipients
if they receive personal data which are necessary to carry out a particular
inquiry in the general interest, in accordance with Union or Member State
law. The requests for disclosure sent by the public authorities should always
be in writing, reasoned and occasional and should not concern the entirety
of a filing system or lead to the interconnection of filing systems. The processing
of personal data by those public authorities should comply with the applicable
data-protection rules according to the purposes of the processing.
- urn: urn:intuitem:risk:req_node:gdpr:recital-32
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 32
description: Consent should be given by a clear affirmative act establishing
a freely given, specific, informed and unambiguous indication of the data
subject's agreement to the processing of personal data relating to him or
her, such as by a written statement, including by electronic means, or an
oral statement. This could include ticking a box when visiting an internet
website, choosing technical settings for information society services or another
statement or conduct which clearly indicates in this context the data subject's
acceptance of the proposed processing of his or her personal data. Silence,
pre-ticked boxes or inactivity should not therefore constitute consent. Consent
should cover all processing activities carried out for the same purpose or
purposes. When the processing has multiple purposes, consent should be given
for all of them. If the data subject's consent is to be given following a
request by electronic means, the request must be clear, concise and not unnecessarily
disruptive to the use of the service for which it is provided.
- urn: urn:intuitem:risk:req_node:gdpr:recital-33
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 33
description: It is often not possible to fully identify the purpose of personal
data processing for scientific research purposes at the time of data collection.
Therefore, data subjects should be allowed to give their consent to certain
areas of scientific research when in keeping with recognised ethical standards
for scientific research. Data subjects should have the opportunity to give
their consent only to certain areas of research or parts of research projects
to the extent allowed by the intended purpose.
- urn: urn:intuitem:risk:req_node:gdpr:recital-34
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 34
description: Genetic data should be defined as personal data relating to the
inherited or acquired genetic characteristics of a natural person which result
from the analysis of a biological sample from the natural person in question,
in particular chromosomal, deoxyribonucleic acid (DNA) or ribonucleic acid
(RNA) analysis, or from the analysis of another element enabling equivalent
information to be obtained.
- urn: urn:intuitem:risk:req_node:gdpr:recital-35
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 35
description: ' Personal data concerning health should include all data pertaining
to the health status of a data subject which reveal information relating to
the past, current or future physical or mental health status of the data subject.
This includes information about the natural person collected in the course
of the registration for, or the provision of, health care services as referred
to in Directive 2011/24/EU of the European Parliament and of the Council (1)
to that natural person; a number, symbol or particular assigned to a natural
person to uniquely identify the natural person for health purposes; information
derived from the testing or examination of a body part or bodily substance,
including from genetic data and biological samples; and any information on,
for example, a disease, disability, disease risk, medical history, clinical
treatment or the physiological or biomedical state of the data subject independent
of its source, for example from a physician or other health professional,
a hospital, a medical device or an in vitro diagnostic test.'
- urn: urn:intuitem:risk:req_node:gdpr:recital-36
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 36
description: The main establishment of a controller in the Union should be the
place of its central administration in the Union, unless the decisions on
the purposes and means of the processing of personal data are taken in another
establishment of the controller in the Union, in which case that other establishment
should be considered to be the main establishment. The main establishment
of a controller in the Union should be determined according to objective criteria
and should imply the effective and real exercise of management activities
determining the main decisions as to the purposes and means of processing
through stable arrangements. That criterion should not depend on whether the
processing of personal data is carried out at that location. The presence
and use of technical means and technologies for processing personal data or
processing activities do not, in themselves, constitute a main establishment
and are therefore not determining criteria for a main establishment. The main
establishment of the processor should be the place of its central administration
in the Union or, if it has no central administration in the Union, the place
where the main processing activities take place in the Union. In cases involving
both the controller and the processor, the competent lead supervisory authority
should remain the supervisory authority of the Member State where the controller
has its main establishment, but the supervisory authority of the processor
should be considered to be a supervisory authority concerned and that supervisory
authority should participate in the cooperation procedure provided for by
this Regulation. In any case, the supervisory authorities of the Member State
or Member States where the processor has one or more establishments should
not be considered to be supervisory authorities concerned where the draft
decision concerns only the controller. Where the processing is carried out
by a group of undertakings, the main establishment of the controlling undertaking
should be considered to be the main establishment of the group of undertakings,
except where the purposes and means of processing are determined by another
undertaking.
- urn: urn:intuitem:risk:req_node:gdpr:recital-37
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 37
description: A group of undertakings should cover a controlling undertaking
and its controlled undertakings, whereby the controlling undertaking should
be the undertaking which can exert a dominant influence over the other undertakings
by virtue, for example, of ownership, financial participation or the rules
which govern it or the power to have personal data protection rules implemented.
An undertaking which controls the processing of personal data in undertakings
affiliated to it should be regarded, together with those undertakings, as
a group of undertakings.
- urn: urn:intuitem:risk:req_node:gdpr:recital-38
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 38
description: Children merit specific protection with regard to their personal
data, as they may be less aware of the risks, consequences and safeguards
concerned and their rights in relation to the processing of personal data.
Such specific protection should, in particular, apply to the use of personal
data of children for the purposes of marketing or creating personality or
user profiles and the collection of personal data with regard to children
when using services offered directly to a child. The consent of the holder
of parental responsibility should not be necessary in the context of preventive
or counselling services offered directly to a child.
- urn: urn:intuitem:risk:req_node:gdpr:recital-39
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 39
description: Any processing of personal data should be lawful and fair. It should
be transparent to natural persons that personal data concerning them are collected,
used, consulted or otherwise processed and to what extent the personal data
are or will be processed. The principle of transparency requires that any
information and communication relating to the processing of those personal
data be easily accessible and easy to understand, and that clear and plain
language be used. That principle concerns, in particular, information to the
data subjects on the identity of the controller and the purposes of the processing
and further information to ensure fair and transparent processing in respect
of the natural persons concerned and their right to obtain confirmation and
communication of personal data concerning them which are being processed.
Natural persons should be made aware of risks, rules, safeguards and rights
in relation to the processing of personal data and how to exercise their rights
in relation to such processing. In particular, the specific purposes for which
personal data are processed should be explicit and legitimate and determined
at the time of the collection of the personal data. The personal data should
be adequate, relevant and limited to what is necessary for the purposes for
which they are processed. This requires, in particular, ensuring that the
period for which the personal data are stored is limited to a strict minimum.
Personal data should be processed only if the purpose of the processing could
not reasonably be fulfilled by other means. In order to ensure that the personal
data are not kept longer than necessary, time limits should be established
by the controller for erasure or for a periodic review. Every reasonable step
should be taken to ensure that personal data which are inaccurate are rectified
or deleted. Personal data should be processed in a manner that ensures appropriate
security and confidentiality of the personal data, including for preventing
unauthorised access to or use of personal data and the equipment used for
the processing.
- urn: urn:intuitem:risk:req_node:gdpr:recital-40
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 40
description: In order for processing to be lawful, personal data should be processed
on the basis of the consent of the data subject concerned or some other legitimate
basis, laid down by law, either in this Regulation or in other Union or Member
State law as referred to in this Regulation, including the necessity for compliance
with the legal obligation to which the controller is subject or the necessity
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.
- urn: urn:intuitem:risk:req_node:gdpr:recital-41
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 41
description: "Where this Regulation refers to a legal basis or a legislative\
\ measure, this does not necessarily require a legislative act adopted by\
\ a parliament, without prejudice to requirements pursuant to the constitutional\
\ order of the Member State concerned. However, such a legal basis or legislative\
\ measure should be clear and precise and its application should be foreseeable\
\ to persons subject to it, in accordance with the case-law of the Court of\
\ Justice of the European Union (the \u2018Court of Justice\u2019) and the\
\ European Court of Human Rights."
- urn: urn:intuitem:risk:req_node:gdpr:recital-42
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 42
description: Where processing is based on the data subject's consent, the controller
should be able to demonstrate that the data subject has given consent to the
processing operation. In particular in the context of a written declaration
on another matter, safeguards should ensure that the data subject is aware
of the fact that and the extent to which consent is given. In accordance with
Council Directive 93/13/EEC (1) a declaration of consent pre- formulated by
the controller should be provided in an intelligible and easily accessible
form, using clear and plain language and it should not contain unfair terms.
For consent to be informed, the data subject should be aware at least of the
identity of the controller and the purposes of the processing for which the
personal data are intended. Consent should not be regarded as freely given
if the data subject has no genuine or free choice or is unable to refuse or
withdraw consent without detriment.
- urn: urn:intuitem:risk:req_node:gdpr:recital-43
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 43
description: In order to ensure that consent is freely given, consent should
not provide a valid legal ground for the processing of personal data in a
specific case where there is a clear imbalance between the data subject and
the controller, in particular where the controller is a public authority and
it is therefore unlikely that consent was freely given in all the circumstances
of that specific situation. Consent is presumed not to be freely given if
it does not allow separate consent to be given to different personal data
processing operations despite it being appropriate in the individual case,
or if the performance of a contract, including the provision of a service,
is dependent on the consent despite such consent not being necessary for such
performance.
- urn: urn:intuitem:risk:req_node:gdpr:recital-44
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 44
description: Processing should be lawful where it is necessary in the context
of a contract or the intention to enter into a contract.
- urn: urn:intuitem:risk:req_node:gdpr:recital-45
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 45
description: Where processing is carried out in accordance with a legal obligation
to which the controller is subject or where processing is necessary for the
performance of a task carried out in the public interest or in the exercise
of official authority, the processing should have a basis in Union or Member
State law. This Regulation does not require a specific law for each individual
processing. A law as a basis for several processing operations based on a
legal obligation to which the controller is subject or where processing is
necessary for the performance of a task carried out in the public interest
or in the exercise of an official authority may be sufficient. It should also
be for Union or Member State law to determine the purpose of processing. Furthermore,
that law could specify the general conditions of this Regulation governing
the lawfulness of personal data processing, establish specifications for determining
the controller, the type of personal data which are subject to the processing,
the data subjects concerned, the entities to which the personal data may be
disclosed, the purpose limitations, the storage period and other measures
to ensure lawful and fair processing. It should also be for Union or Member
State law to determine whether the controller performing a task carried out
in the public interest or in the exercise of official authority should be
a public authority or another natural or legal person governed by public law,
or, where it is in the public interest to do so, including for health purposes
such as public health and social protection and the management of health care
services, by private law, such as a professional association.
- urn: urn:intuitem:risk:req_node:gdpr:recital-46
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 46
description: The processing of personal data should also be regarded to be lawful
where it is necessary to protect an interest which is essential for the life
of the data subject or that of another natural person. Processing of personal
data based on the vital interest of another natural person should in principle
take place only where the processing cannot be manifestly based on another
legal basis. Some types of processing may serve both important grounds of
public interest and the vital interests of the data subject as for instance
when processing is necessary for humanitarian purposes, including for monitoring
epidemics and their spread or in situations of humanitarian emergencies, in
particular in situations of natural and man-made disasters.
- urn: urn:intuitem:risk:req_node:gdpr:recital-47
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 47
description: The legitimate interests of a controller, including those of a
controller to which the personal data may be disclosed, or of a third party,
may provide a legal basis for processing, provided that the interests or the
fundamental rights and freedoms of the data subject are not overriding, taking
into consideration the reasonable expectations of data subjects based on their
relationship with the controller. Such legitimate interest could exist for
example where there is a relevant and appropriate relationship between the
data subject and the controller in situations such as where the data subject
is a client or in the service of the controller. At any rate the existence
of a legitimate interest would need careful assessment including whether a
data subject can reasonably expect at the time and in the context of the collection
of the personal data that processing for that purpose may take place. The
interests and fundamental rights of the data subject could in particular override
the interest of the data controller where personal data are processed in circumstances
where data subjects do not reasonably expect further processing. Given that
it is for the legislator to provide by law for the legal basis for public
authorities to process personal data, that legal basis should not apply to
the processing by public authorities in the performance of their tasks. The
processing of personal data strictly necessary for the purposes of preventing
fraud also constitutes a legitimate interest of the data controller concerned.
The processing of personal data for direct marketing purposes may be regarded
as carried out for a legitimate interest.
- urn: urn:intuitem:risk:req_node:gdpr:recital-48
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 48
description: Controllers that are part of a group of undertakings or institutions
affiliated to a central body may have a legitimate interest in transmitting
personal data within the group of undertakings for internal administrative
purposes, including the processing of clients' or employees' personal data.
The general principles for the transfer of personal data, within a group of
undertakings, to an undertaking located in a third country remain unaffected.
- urn: urn:intuitem:risk:req_node:gdpr:recital-49
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 49
description: "The processing of personal data to the extent strictly necessary\
\ and proportionate for the purposes of ensuring network and information security,\
\ i.e. the ability of a network or an information system to resist, at a given\
\ level of confidence, accidental events or unlawful or malicious actions\
\ that compromise the availability, authenticity, integrity and confidentiality\
\ of stored or transmitted personal data, and the security of the related\
\ services offered by, or accessible via, those networks and systems, by public\
\ authorities, by computer emergency response teams (CERTs), computer security\
\ incident response teams (CSIRTs), by providers of electronic communications\
\ networks and services and by providers of security technologies and services,\
\ constitutes a legitimate interest of the data controller concerned. This\
\ could, for example, include preventing unauthorised access to electronic\
\ communications networks and malicious code distribution and stopping \u2018\
denial of service\u2019 attacks and damage to computer and electronic communication\
\ systems."
- urn: urn:intuitem:risk:req_node:gdpr:recital-50
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 50
description: 'The processing of personal data for purposes other than those
for which the personal data were initially collected should be allowed only
where the processing is compatible with the purposes for which the personal
data were initially collected. In such a case, no legal basis separate from
that which allowed the collection of the personal data is required. If the
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,
Union or Member State law may determine and specify the tasks and purposes
for which the further processing should be regarded as compatible and lawful.
Further processing for archiving purposes in the public interest, scientific
or historical research purposes or statistical purposes should be considered
to be compatible lawful processing operations. The legal basis provided by
Union or Member State law for the processing of personal data may also provide
a legal basis for further processing. In order to ascertain whether a purpose
of further processing is compatible with the purpose for which the personal
data are initially collected, the controller, after having met all the requirements
for the lawfulness of the original processing, should take into account, inter
alia: any link between those purposes and the purposes of the intended further
processing; the context in which the personal data have been collected, in
particular the reasonable expectations of data subjects based on their relationship
with the controller as to their further use; the nature of the personal data;
the consequences of the intended further processing for data subjects; and
the existence of appropriate safeguards in both the original and intended
further processing operations.'
- urn: urn:intuitem:risk:req_node:gdpr:node54
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
description: Where the data subject has given consent or the processing is based
on Union or Member State law which constitutes a necessary and proportionate
measure in a democratic society to safeguard, in particular, important objectives
of general public interest, the controller should be allowed to further process
the personal data irrespective of the compatibility of the purposes. In any
case, the application of the principles set out in this Regulation and in
particular the information of the data subject on those other purposes and
on his or her rights including the right to object, should be ensured. Indicating
possible criminal acts or threats to public security by the controller and
transmitting the relevant personal data in individual cases or in several
cases relating to the same criminal act or threats to public security to a
competent authority should be regarded as being in the legitimate interest
pursued by the controller. However, such transmission in the legitimate interest
of the controller or further processing of personal data should be prohibited
if the processing is not compatible with a legal, professional or other binding
obligation of secrecy.
- urn: urn:intuitem:risk:req_node:gdpr:recital-51
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 51
description: "Personal data which are, by their nature, particularly sensitive\
\ in relation to fundamental rights and freedoms merit specific protection\
\ as the context of their processing could create significant risks to the\
\ fundamental rights and freedoms. Those personal data should include personal\
\ data revealing racial or ethnic origin, whereby the use of the term \u2018\
racial origin\u2019 in this Regulation does not imply an acceptance by the\
\ Union of theories which attempt to determine the existence of separate human\
\ races. The processing of photographs should not systematically be considered\
\ to be processing of special categories of personal data as they are covered\
\ by the definition of biometric data only when processed through a specific\
\ technical means allowing the unique identification or authentication of\
\ a natural person. Such personal data should not be processed, unless processing\
\ is allowed in specific cases set out in this Regulation, taking into account\
\ that Member States law may lay down specific provisions on data protection\
\ in order to adapt the application of the rules of this Regulation for compliance\
\ with a legal obligation or for the performance of a task carried out in\
\ the public interest or in the exercise of official authority vested in the\
\ controller. In addition to the specific requirements for such processing,\
\ the general principles and other rules of this Regulation should apply,\
\ in particular as regards the conditions for lawful processing. Derogations\
\ from the general prohibition for processing such special categories of personal\
\ data should be explicitly provided, inter alia, where the data subject gives\
\ his or her explicit consent or in respect of specific needs in particular\
\ where the processing is carried out in the course of legitimate activities\
\ by certain associations or foundations the purpose of which is to permit\
\ the exercise of fundamental freedoms."
- urn: urn:intuitem:risk:req_node:gdpr:recital-52
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 52
description: Derogating from the prohibition on processing special categories
of personal data should also be allowed when provided for in Union or Member
State law and subject to suitable safeguards, so as to protect personal data
and other fundamental rights, where it is in the public interest to do so,
in particular processing personal data in the field of employment law, social
protection law including pensions and for health security, monitoring and
alert purposes, the prevention or control of communicable diseases and other
serious threats to health. Such a derogation may be made for health purposes,
including public health and the management of health-care services, especially
in order to ensure the quality and cost-effectiveness of the procedures used
for settling claims for benefits and services in the health insurance system,
or for archiving purposes in the public interest, scientific or historical
research purposes or statistical purposes. A derogation should also allow
the processing of such personal data where necessary for the establishment,
exercise or defence of legal claims, whether in court proceedings or in an
administrative or out-of-court procedure.
- urn: urn:intuitem:risk:req_node:gdpr:recital-53
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 53
description: Special categories of personal data which merit higher protection
should be processed for health-related purposes only where necessary to achieve
those purposes for the benefit of natural persons and society as a whole,
in particular in the context of the management of health or social care services
and systems, including processing by the management and central national health
authorities of such data for the purpose of quality control, management information
and the general national and local supervision of the health or social care
system, and ensuring continuity of health or social care and cross-border
healthcare or health security, monitoring and alert purposes, or for archiving
purposes in the public interest, scientific or historical research purposes
or statistical purposes, based on Union or Member State law which has to meet
an objective of public interest, as well as for studies conducted in the public
interest in the area of public health. Therefore, this Regulation should provide
for harmonised conditions for the processing of special categories of personal
data concerning health, in respect of specific needs, in particular where
the processing of such data is carried out for certain health-related purposes
by persons subject to a legal obligation of professional secrecy. Union or
Member State law should provide for specific and suitable measures so as to
protect the fundamental rights and the personal data of natural persons. Member
States should be allowed to maintain or introduce further conditions, including
limitations, with regard to the processing of genetic data, biometric data
or data concerning health. However, this should not hamper the free flow of
personal data within the Union when those conditions apply to cross-border
processing of such data.
- urn: urn:intuitem:risk:req_node:gdpr:recital-54
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 54
description: "The processing of special categories of personal data may be necessary\
\ for reasons of public interest in the areas of public health without consent\
\ of the data subject. Such processing should be subject to suitable and specific\
\ measures so as to protect the rights and freedoms of natural persons. In\
\ that context, \u2018public health\u2019 should be interpreted as defined\
\ in Regulation (EC) No 1338/2008 of the European Parliament and of the Council\
\ (1), namely all elements related to health, namely health status, including\
\ morbidity and disability, the determinants having an effect on that health\
\ status, health care needs, resources allocated to health care, the provision\
\ of, and universal access to, health care as well as health care expenditure\
\ and financing, and the causes of mortality. Such processing of data concerning\
\ health for reasons of public interest should not result in personal data\
\ being processed for other purposes by third parties such as employers or\
\ insurance and banking companies."
- urn: urn:intuitem:risk:req_node:gdpr:recital-55
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 55
description: Moreover, the processing of personal data by official authorities
for the purpose of achieving the aims, laid down by constitutional law or
by international public law, of officially recognised religious associations,
is carried out on grounds of public interest.
- urn: urn:intuitem:risk:req_node:gdpr:recital-56
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 56
description: ' Where in the course of electoral activities, the operation of
the democratic system in a Member State requires that political parties compile
personal data on people''s political opinions, the processing of such data
may be permitted for reasons of public interest, provided that appropriate
safeguards are established.'
- urn: urn:intuitem:risk:req_node:gdpr:recital-57
assessable: false
depth: 2
parent_urn: urn:intuitem:risk:req_node:gdpr:preambule
ref_id: Recital 57
description: If the personal data processed by a controller do not permit the
controller to identify a natural person, the data controller should not be
obliged to acquire additional information in order to identify the data subject
for the sole purpose of complying with any provision of this Regulation. However,
the controller should not refuse to take additional information provided by
the data subject in order to support the exercise of his or her rights. Identification
should include the digital identification of a data subject, for example through
authentication mechanism such as the same credentials, used by the data subject
to log-in to the on-line service offered by the data controller.
- urn: urn:intuitem:risk:req_node:gdpr:recital-58
assessable: false