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Table of Contents
Regulation 2016/679/EU - General Data Protection Regulation (GDPR)RecitalsChapter I General provisions (arts. 1-4)Article 1 Subject-matter and objectivesArticle 2 Material scopeArticle 3 Territorial scopeArticle 4 DefinitionsChapter II Principles (arts. 5-11)Article 5 Principles relating to processing of personal dataArticle 6 Lawfulness of processingArticle 7 Conditions for consentArticle 8 Conditions applicable to child's consent in relation to information society servicesArticle 9 Processing of special categories of personal dataArticle 10 Processing of personal data relating to criminal convictions and offencesArticle 11 Processing which does not require identificationChapter III Rights of the data subject (arts. 12-23)Section 1 Transparency and modalities (art. 12)Article 12 Transparent information, communication and modalities for the exercise of the rights of the data subjectSection 2 Information and access to personal data (arts. 13-15)Article 13 Information to be provided where personal data are collected from the data subjectArticle 14 Information to be provided where personal data have not been obtained from the data subjectArticle 15 Right of access by the data subjectSection 3 Rectification and erasure (arts. 16-20)Article 16 Right to rectificationArticle 17 Right to erasure ('right to be forgotten')Article 18 Right to restriction of processingArticle 19 Notification obligation regarding rectification or erasure of personal data or restriction of processingArticle 20 Right to data portabilitySection 4 Right to object and automated individual decision-making (arts. 21-22)Article 21 Right to objectArticle 22 Automated individual decision-making, including profilingSection 5 Restrictions (art. 23)Article 23 RestrictionsChapter IV Controller and processor (arts. 24-43)Section 1 General obligations (arts. 24-31)Article 24 Responsibility of the controllerArticle 25 Data protection by design and by defaultArticle 26 Joint controllersArticle 27 Representatives of controllers or processors not established in the UnionArticle 28 ProcessorArticle 29 Processing under the authority of the controller or processorArticle 30 Records of processing activitiesArticle 31 Cooperation with the supervisory authoritySection 2 Security of personal data (arts. 32-34)Article 32 Security of processingArticle 33 Notification of a personal data breach to the supervisory authorityArticle 34 Communication of a personal data breach to the data subjectSection 3 Data protection impact assessment and prior consultation (arts. 35-36)Article 35 Data protection impact assessmentArticle 36 Prior consultationSection 4 Data protection officer (arts. 37-39)Article 37 Designation of the data protection officerArticle 38 Position of the data protection officerArticle 39 Tasks of the data protection officerSection 5 Codes of conduct and certification (arts. 40-43)Article 40 Codes of conductArticle 41 Monitoring of approved codes of conductDraft Article 41aArticle 42 CertificationArticle 43 Certification bodies Chapter V Transfers of personal data to third countries or international organisations (arts. 44-50)Article 44 General principle for transfersArticle 45 Transfers on the basis of an adequacy decisionArticle 46 Transfers subject to appropriate safeguardsArticle 47 Binding corporate rulesArticle 48 Transfers or disclosures not authorised by Union lawArticle 49 Derogations for specific situationsArticle 50 International cooperation for the protection of personal dataChapter VI Independent supervisory authorities (arts. 51-59)Section 1 Independent status (arts. 51-54)Article 51 Supervisory authorityArticle 52 IndependenceArticle 53 General conditions for the members of the supervisory authorityArticle 54 Rules on the establishment of the supervisory authoritySection 2 Competence, tasks and powers (arts. 55-59)Article 55 CompetenceArticle 56 Competence of the lead supervisory authorityArticle 57 TasksArticle 58 PowersArticle 59 Activity reportChapter VII Cooperation and consistency (arts. 60-76)Section 1 Cooperation (arts. 60-62)Article 60 Cooperation between the lead supervisory authority and the other supervisory authorities concernedArticle 61 Mutual assistanceArticle 62 Joint operations of supervisory authoritiesSection 2 Consistency (arts. 63-67)Article 63 Consistency mechanism In order to contribute to the consistent application of thisArticle 64 Opinion of the BoardArticle 65 Dispute resolution by the BoardArticle 66 Urgency procedureArticle 67 Exchange of informationSection 3 European data protection board (arts. 68-76)Article 68 European Data Protection BoardArticle 69 IndependenceArticle 70 Tasks of the BoardArticle 71 ReportsArticle 72 ProcedureArticle 73 ChairArticle 74 Tasks of the ChairArticle 75 SecretariatArticle 76 ConfidentialityChapter VIII Remedies, liability and penalties (arts. 77-84)Article 77 Right to lodge a complaint with a supervisory authorityArticle 78 Right to an effective judicial remedy against a supervisory authorityArticle 79 Right to an effective judicial remedy against a controller or processorArticle 80 Representation of data subjectsArticle 81 Suspension of proceedingsArticle 82 Right to compensation and liabilityArticle 83 General conditions for imposing administrative finesArticle 84 PenaltiesChapter IX Provisions relating to specific processing situations (arts. 85-91)Article 85 Processing and freedom of expression and informationArticle 86 Processing and public access to official documentsArticle 87 Processing of the national identification numberArticle 88 Processing in the context of employmentDraft Article 88a Processing of personal data in the terminal equipment of natural personsDraft Article 88b Automated and machine-readable indications of data subject's choices with respect to processing of personal data in the terminal equipment of natural personsDraft Article 88c Processing in the context of the development and operation of AIArticle 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposesArticle 90 Obligations of secrecyArticle 91 Existing data protection rules of churches and religious associationsChapter X Delegated acts and implementing acts (arts. 92-93)Article 92 Exercise of the delegationArticle 93 Committee procedureChapter XI Final provisions (arts. 94-99)Article 94 Repeal of Directive 95/46/ECArticle 95 Relationship with Directive 2002/58/ECArticle 96 Relationship with previously concluded agreementsArticle 97 Commission reportsArticle 98 Review of other Union legal acts on data protectionArticle 99 Entry into force and applicationDone at
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Article 3 Territorial scope
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 Union, regardless of whether the processing takes place in the Union or not.
2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to:
(a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or
(b) the monitoring of their behaviour as far as their behaviour takes place within the Union.
3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.