EU General Data Protection Regulation - Chapter 1 - General Provisions

EU General Data Protection Regulation - Chapter 1 - General Provisions

1. Article 1 - Subject Matter & Objectives

   • 2. Protects fundamental rights of and freedoms of natural persons and their right to protection of personal data
   • 1. Lays down rules regarding processing of personal data and free movement of personal data
   • 3. Free movement of personal data within EU not restricted or prohibited by data protection

2. Article 2 - Material Scope

   • 1. Applies to proessing of personal data by
     • By automated means
       • Wholly
       • Partly
     • By non-automated means forming (or intended to) part of filing system
   • 2. Exempt Activities
     • a. Activities outside scope of EU law
     • c. Activities within scope of Common Foreign and Security Policy
     • d. Natural person in personal or household activity
     • e. Competent Authorities involved in crime prevention, investigation, detection or prosecution, execution of criminal penalties and prevention of threats to public security
     • 2a. EU processing of personal data covered by Regulation 45/2001 which will be apated to the principles and reuls of this REgualtion per Articce 90a.
     • 3. Without prejudice to Diorective 2000/31/EC which governs electronic Commerce especially liasbilities of intermediary service providers
       • Article 12: Mere Conduit
       • Article 13: Caching
       • Article 14: Hosting
       • Article 15: No general obligation to monitor

3. Article 3 - Territorial Scope

   • Applies to
     • 1. Processing of personal data as part of activities of controller/processor established in EU
     • 2. Processing of personal data fo subjects in EU by controller/processor not established in EU, where
       • a. Goods/services offered to subjects in EU, regardless of whether payment is required
       • b. Monitoring of their behaviour within EU
     • 3. Processing of personal data by a controller not established in EU, but in a place where law of a member State applies

4. Article 4 - Definitions

   • 1. Personal data
   • 2.
   • 3. Processing
     • 3a. Restriction of Processing
       • 3aa. Profiling
     • 3b. Pseudonymisation
   • 4. Filing System
   • 5. Controller
   • 6. Processor
   • 7. Recipient
     • 7a. Third party
   • 8. Data Subject's Consent
   • 9. Personal data breach
   • 10. Genetic data
   • 11. Biometric data
   • 12. Data concerning health
     • 12a.
   • 13. Main establishment
     • a. Place of central administration or where decisions on processing personal data are made and implements where Controller has >1 EU establishments
     • b. Place of central administration or where main processing takes place where Processor has >1 EU establishments
   • 14. Representative
   • 15. Enterprise
   • 16. Group of undertakings
   • 17. Binding corporate rules
   • 19. Supervisory authority
     • 19a. Supervisory authority concenrned
       • c. Complaint lodged to that Supervisory Authority
       • b. Data subjects of Member State are or likely to be substantially affected
       • a. Controller/Processor established on EU Member State's territory
     • 19b. Cross-border processing of personal data
       • a. Processing by Controller/Processor taking place in and established in > 1 Member State
       • b. Data subjects of >1 Member State are or likely to be substantially affected by processing in establishment in 1 Member State
     • 19c. Relevant and reasoned objection
   • 20. Information Society service
   • 21. International organisation
   • 18.

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