Recitals

Considering the following reasons the articles of the GDPR have been adopted. These are the latest and final recitals of April 27th 2016.

Recital 1 – Data protection as a fundamental right
Recital 2 – Respect of the fundamental rights and freedoms
Recital 3 – Directive 95/46/EC harmonisation
Recital 4 – Data protection in balance with other fundamental rights
Recital 5 – Cooperation between Member States to exchange personal data
Recital 6 – Ensuring a high level of data protection despite the increased exchange of data
Recital 7 – The framework is based on control and certainty
Recital 8 – Adoption into national law
Recital 9 – Different standards of protection by the Directive 95/46/EC
Recital 10 – Harmonised level of data protection despite national scope
Recital 11 – Harmonisation of the powers and sanctions
Recital 12 – Authorization of the European Parliament and the Council
Recital 13 – Taking account of micro, small and medium-sized enterprises
Recital 14 – Not applicable to legal persons
Recital 15 – Technology neutrality
Recital 16 – Not applicable to activities regarding national and common security
Recital 17 – Adaptation of Regulation (EC) No 45/2001
Recital 18 – Not applicable to personal or household activities
Recital 19 – Not applicable to criminal prosecution
Recital 20 – Respecting the independence of the judiciary
Recital 21 – Liability rules of intermediary service providers shall remain unaffected
Recital 22 – Processing by an establishment
Recital 23 – Applicable to processors not established in the Union if data subjects within the Union are targeted
Recital 24 – Applicable to processors not established in the Union if data subjects within the Union are profiled
Recital 25 – Applicable to processors due to international law
Recital 26 – Not applicable to anonymous data
Recital 27 – Not applicable to data of deceased persons
Recital 28 – Introduction of pseudonymisation
Recital 29 – Pseudonymisation at the same controller
Recital 30 – Online identifiers for profiling and identification
Recital 31 – Not applicable to public authorities in connection with their official tasks
Recital 32 – Conditions for consent
Recital 33 – Consent to certain areas of scientific research
Recital 34 – Genetic data
Recital 35 – Health data
Recital 36 – Determination of the main establishment
Recital 37 – Enterprise group
Recital 38 – Special protection of children’s personal data
Recital 39 – Principles of data processing
Recital 40 – Lawfulness of data processing
Recital 41 – Legal basis or legislative measures
Recital 42 – Burden of proof and requirements for consent
Recital 43 – Freely given consent
Recital 44 – Performance of a contract
Recital 45 – Fulfillment of legal obligations
Recital 46 – Vital interests of the data subject
Recital 47 – Overriding legitimate interest
Recital 48 – Overriding legitimate interest within group of undertakings
Recital 49 – Network and information security as overriding legitimate interest
Recital 50 – Further processing of personal data
Recital 51 – Protecting sensitive personal data
Recital 52 – Exceptions to the prohibition on processing special categories of personal data
Recital 53 – Processing of sensitive data in health and social sector
Recital 54 – Processing of sensitive data in public health sector
Recital 55 – Public interest in processing by official authorities for objectives of recognized religious communities
Recital 56 – Processing personal data on people’s political opinions by parties
Recital 57 – Additional data for identification purposes
Recital 58 – The principle of transparency
Recital 59 – Procedures for the exercise of the rights of the data subjects
Recital 60 – Information obligation
Recital 61 – Time of information
Recital 62 – Exceptions to the obligation to provide information
Recital 63 – Right of access
Recital 64 – Identity verification
Recital 65 – Right of rectification and erasure
Recital 66 – Right to be forgotten
Recital 67 – Restriction of processing
Recital 68 – Right of data portability
Recital 69 – Right to object
Recital 70 – Right to object to direct marketing
Recital 71 – Profiling
Recital 72 – Guidance of the European Data Protection Board regarding profiling
Recital 73 – Restrictions of rights and principles
Recital 74 – Responsibility and liability of the controller
Recital 75 – Risks to the rights and freedoms of natural persons
Recital 76 – Risk assessment
Recital 77 – Risk assessment guidelines
Recital 78 – Appropriate technical and organisational measures
Recital 79 – Allocation of the responsibilities
Recital 80 – Designation of a representative
Recital 81 – The use of processors
Recital 82 – Record of processing activities
Recital 83 – Security of processing
Recital 84 – Risk evaluation and impact assessment
Recital 85 – Notification obligation of breaches to the supervisory authority
Recital 86 – Notification of data subjects in case of data breaches
Recital 87 – Promptness of reporting / notification
Recital 88 – Format and procedures of the notification
Recital 89 – Elimination of the general reporting requirement
Recital 90 – Data protection impact assessement
Recital 91 – Necessity of a data protection impact assessment
Recital 92 – Broader data protection impact assessment
Recital 93 – Data protection impact assessment at authorities
Recital 94 – Consultation of the supervisory authority
Recital 95 – Support by the processor
Recital 96 – Consultation of the supervisory authority in the course of a legislative process
Recital 97 – Data protection officer
Recital 98 – Preparation of codes of conduct by organisations and associations
Recital 99 – Consultation of stakeholders and data subjects in the development of codes of conduct
Recital 100 – Certification
Recital 101 – General principles for international data transfers
Recital 102 – International agreements for an appropriate level of data protection
Recital 103 – Appropriate level of data protection based on an adequacy decision
Recital 104 – Criteria for an adequacy decision
Recital 105 – Consideration of international agreements for an adequacy decision
Recital 106 – Monitoring and periodic review of the level of data protection
Recital 107 – Amendment, revocation and suspension of adequacy decisions
Recital 108 – Appropriate safeguards
Recital 109 – Standard data protection clauses
Recital 110 – Binding corporate rules
Recital 111 – Exceptions for certain cases of international transfers
Recital 112 – Data transfers due to important reasons of public interest
Recital 113 – Transfers qualified as not repetitive and that only concern a limited number of data subjects
Recital 114 – Safeguarding of enforceability of rights and obligations in the absence of an adequacy decision
Recital 115 – Rules in third countries contrary to the Regulation
Recital 116 – Cooperation among supervisory authorities
Recital 117 – Establishment of supervisory authorities
Recital 118 – Monitoring of the supervisory authorities
Recital 119 – Organisation of several supervisory authorities of a Member State
Recital 120 – Features of supervisory authorities
Recital 121 – Independence of the supervisory authorities
Recital 122 – Responsibility of the supervisory authorities
Recital 123 – Cooperation of the supervisory authorities with each other and with the Commission
Recital 124 – Lead authority regarding processing in several Member States
Recital 125 – Competences of the lead authority
Recital 126 – Joint decisions
Recital 127 – Information of the supervisory authority regarding local processing
Recital 128 – Responsibility regarding processing in the public interest
Recital 129 – Tasks and powers of the supervisory authorities
Recital 130 – Consideration of the authority with which the complaint has been lodged
Recital 131 – Attempt of an amicable settlement
Recital 132 – Awareness-raising activities and specific measures
Recital 133 – Mutual assistance and provisional measures
Recital 134 – Participation in joint operations
Recital 135 – Consistency mechanism
Recital 136 – Binding decisions and opinions of the Board
Recital 137 – Provisional measures
Recital 138 – Urgency procedure
Recital 139 – European Data Protection Board
Recital 140 – Secretariat and staff of the Board
Recital 141 – Right to lodge a complaint
Recital 142 – The right of data subjects to mandate a not-for-profit body, organisation or association
Recital 143 – Judicial remedies
Recital 144 – Related proceedings
Recital 145 – Choice of venue
Recital 146 – Indemnity
Recital 147 – Jurisdiction
Recital 148 – Penalties
Recital 149 – Penalties for infringements of national rules
Recital 150 – Administrative fines
Recital 151 – Administrative fines in Denmark and Estonia
Recital 152 – Power of sanction of the Member States
Recital 153 – Processing of personal data solely for journalistic purposes or for the purposes of academic, artistic or literary expression
Recital 154 – Principle of public access to official documents
Recital 155 – Processing in the employment context
Recital 156 – Processing for archiving, scientific or historical research or statistical purposes
Recital 157 – Information from registries and scientific research
Recital 158 – Processing for archiving purposes
Recital 159 – Processing for scientific research purposes
Recital 160 – Processing for historical research purposes
Recital 161 – Consenting to the participation in clinical trials
Recital 162 – Processing for statistical purposes
Recital 163 – Production of European and national statistics
Recital 164 – Professional or other equivalent secrecy obligations
Recital 165 – No prejudice of the status of churches and religious associations
Recital 166 – Delegated acts of the Commission
Recital 167 – Implementing powers of the Commission
Recital 168 – Implementing acts on standard contractual clauses
Recital 169 – Immediately applicable implementing acts
Recital 170 – Principle of subsidiarity and principle of proportionality
Recital 171 – Repeal of Directive 95/46/EC and transitional provisions
Recital 172 – Consultation of the European Data Protection Supervisor
Recital 173 – Relationship to Directive 2002/58/EC

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