CJEU, Nowak/Data Protection Commissioner, C-434/16 (2017). 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. (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 processing for the data subject. This includes the right for data subjects to have access to data concerning their health, for example the data in their medical records containing information such as diagnoses, examination results, assessments by treating physicians and any treatment or interventions provided. In the case of special categories of personal data, the relevant provision of Article 9 (and where relevant, the applicable Union or Member State law under which the data is processed) should be specified. (a) the identity and the contact details of the controller and, where applicable, of the controller’s representative; 28 GDPR with the company Electric Paper Evaluationstechnik GmbH. 4. 3. Information according to Article 13 GDPR . objection relating to the processing of PII for direct marketing purposes). Right to restriction of processing, Article 19. Quick Scan. Article 82(1) of the General Data Protection Regulation (GDPR)1 stipulates that ‘any person’ who suffers material or immaterial damage as a result of an infring We use cookies to enhance your experience on our website.By continuing to use our website, you are agreeing to our use of cookies. Prior to giving consent, the data subject shall be informed thereof. 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 person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited. Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Article 91. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information. 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 purpose and with any relevant further information as referred to in paragraph 2. Implementation guidance INFORMATION OBLIGATIONS ACCORDING TO ART. Processing shall be lawful only if and to the extent that at least one of the following applies: (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 protection of personal data, in particular where the data subject is a child. Therefore, other data controllers, joint controllers and processors to whom data is transferred or disclosed are covered by the term “recipient” and information on such recipients should be provided in addition to information on third party recipients. Stimati clienti, Full official text of the EU GDPR with explanations on how to comply, easy to navigate through chapters, sections and articles, and downloadable PDF format. OJ L 127, 23.5.2018 as a neatly arranged website. EU GDPR "Information to be provided where personal data have not been obtained from the data subject" => Article: 30 => administrative fine: Art. Where the controller intends to process the personal data for a purpose other than that for which they were collected, the controller should provide the data subject prior to that further processing with information on that other purpose and other necessary information. Position of the data protection officer, Article 39. Section 2 (Art. Search Easily in chapters, articles and recitals to read faster and become GDPR compliant. Articolo 13 - Informazioni da fornire qualora i dati personali siano raccolti presso l'interessato - EU regolamento generale sulla protezione dei dati (EU-RGPD), Easy readable text of EU GDPR … The organization should provide a mechanism for PII principals to object to the processing of their PII. For example, if the consent is collected by email or a website, the mechanism for withdrawing it should be the same, not an alternative solution such as phone or fax. 1. La persona fisica che effettua il trattamento dei dati per attività a carattere esclusivamente personale e domestico, … Art. Next to each paragraph, we have placed links to specific GDPR articles and guidelines. The controller shall inform the supervisory authority of the transfer. The full text of GDPR Article 13: Information to be provided where personal data are collected from the data subject of the EU General Data Protection Regulation (adopted in May 2016 with an enforcement data of May 25, 2018) is below. Here is the relevant paragraph to article 13 GDPR: 7.3.2 Determining information for PII principals. Organizations operating in these jurisdictions should take compliance with these obligations into account. Processing and public access to official documents, Article 87. Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: Art. Derogations for specific situations, Article 50. International cooperation for the protection of personal data, Article 53. 3. 6 (1) and particularly in Art. 13 GDPR) 1. Transfers on the basis of an adequacy decision, Article 46. Principles relating to processing of personal data, Article 8. (a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; ISO/IEC 27701, adopted in 2019, added additional ISO/IEC 27002 guidance for PII controllers. This is essential for effective transparency where data subjects have doubts as to whether the balancing test has been carried out fairly or they wish to file a complaint with a supervisory authority. Need help implementing the GDPR transparency requirement? Article 22 GDPR. Information to be provided where personal data are collected from the data subject 1. 1. 1. Com a aprovação da Lei Geral de Proteção de Dados no Brasil (“LGPD”), Lei nº 13.709, de 14 de agosto de 2018, o presente artigo se propõe a descrever o processo e o resultado da criação de uma estrutura normativa 68131 Mannheim . interpret the GDPR. online services should provide this capability online). IAPP members get special pricing! However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing; (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 an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available. Article 3 - Territorial scope - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. 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: Subscribe to updated texts, invitations to GDPR events and news by Data Privacy Office. Examples of types of information that can be provided to PII principals are: — information about the purpose of the processing; — contact details for the PII controller or its representative; — information about the lawful basis for the processing; — information on where the PII was obtained, if not obtained directly from the PII principal; — information about whether the provision of PII is a statutory or contractual requirement, and where CJEU, ClientEarth/European Food Safety Authority, C‑615/13 P (2015). b) GDPR. 13 of the European Data Protection Basic Regulation (EU DS-GVO). 15-16, 18 & 21 GDPR do not apply if the personal data is only processed for scientific or statistical purposes. The full text of GDPR Article 13: Information to be provided where personal data are collected from the data subject of the EU General Data Protection Regulation (adopted in May 2016 with an enforcement data of May 25, 2018) is below. (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes; Article 9 GDPR. Territorial scope (Art. © DPO LLC  2018-2020 |   Privacy Notice  |   About, Article 13. Automated individual decision-making, including profiling. The General Data Protection Regulation (GDPR) protects natural persons (data subjects) regarding the processing and free movement of their personal data. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. 2. Processing in the context of employment, Article 89. Deploy in days! 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. The organization should document the legal and regulatory requirements related to objections by the PII principals to processing (e.g. Welcome to gdpr-info.eu. Monitoring of approved codes of conduct, Article 44. Transfers or disclosures not authorised by Union law, Article 49. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78. (a) the identity and the contact details of the controller and, where applicable, of the controller’s representative; Article 29 Working Party, Guidelines on transparency under Regulation 2016/679, WP260 rev.01 (2018): This information should allow for easy identification of the controller and preferably allow for different forms of communications with the data controller (e.g. – GDPR art. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject; Art. Where personal data can be legitimately disclosed to another recipient, the data subject should be informed when the personal data are first disclosed to the recipient. (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. 3 GDPR, supra note 2, art. The storage period (or criteria to determine it) may be dictated by factors such as statutory requirements or industry guidelines but should be phrased in a way that allows the data subject to assess, on the basis of his or her own situation, what the retention period will be for specific data/ purposes. Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version adopted after public consultation European data protection law has always been written using a certain amount of jargon and bespoke definitions, and the GDPR is no different. Di Redazione Altalex. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. The EU GDPR with the GDPR text, rights, duties and a compliance checklist. Home » Legislation » GDPR » Article 13. L'informativa è dovuta ogni qual volta vi sia un trattamento di dati. 13 GDPR – Information to be provided where personal data are collected from the data subject The organization should record any request to withdraw or change consent in a similar way to the recording of the consent itself. As a matter of good practice, the WP29 also recommends that an organisation informs its employees of the name and contact details of the DPO. The organization should determine these restrictions as applicable and keep itself up-to-date about them. Transparent information, communication and modalities for the exercise of the rights of the data subject, Article 14. The Clarip team and enterprise privacy management software are ready to meet your compliance automation challenges. 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: Regulamenta também a exportação de dados pessoais para fora da UE e EEE. (b) the contact details of the data protection officer, where applicable; Article 29 Working Party, Guidelines on Data Protection Officers (DPOs) (2017): The contact details of the DPO should include information allowing data subjects and the supervisory authorities to reach the DPO in an easy way (a postal address, a dedicated telephone number, and/or a dedicated e-mail address). (e) the recipients or categories of recipients of the personal data, if any; The term “recipient” is defined in Article 4.9 as “a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not” [emphasis added]. (62) However, it is not necessary to impose the obligation to provide information where the data subject already possesses the information, where the recording or disclosure of the personal data is expressly laid down by law or where the provision of information to the data subject proves to be impossible or would involve a disproportionate effort. Therefore, the handling of personal data of our business partners is in compliance with legal data protection regulations. phone number, email, postal address etc.). 13 GDPR – Information to be provided where personal data are collected from the data subject DSAR Portal The GDPR covers the processing of personal data concerning natural persons, whatever the nationality or residence. Art. Starting on 25 May 2018, the provisions of the General Data Protection Regulation (hereinafter referred to as GDPR) shall apply throughout Europe. 679/2016. This text is meant purely as a documentation tool and has no legal effect. Transfer (GDPR, Art.13, paragraph 2, letter f) The data are optionally provided by the data subject. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data. To facilitate the work of our consultants, we have collected all the requirements and information that have to be mentioned and created a convenient checklist. Where the controller processes a large quantity of information concerning the data subject, the controller should be able to request that, before the information is delivered, the data subject specify the information or processing activities to which the request relates. São estes os tópicos que você vai conferir: O que é GDPR ou “General Data Protection Regulation”? , art. The mechanism used for withdrawal depends on the system; it should be consistent with the mechanisms used for obtaining consent when possible. * Acest text este versiunea consolidată a Regulamentului (după rectificare). Regolamento UE 2016/679, art. Hybrid AI Rocks! É disso que se trata o GDPR, como vamos procurar explicar ao longo do artigo. Furthermore, the data subject should be informed of the existence of profiling and the consequences of such profiling. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data … 13 Par. (d) the right to lodge a complaint with a supervisory authority; This information should explain that, in accordance with Article 77, a data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or of an alleged infringement of the GDPR. ... New transparency obligations under Arts 13 and 14 have led to an overload of information, ... directly conflicts with the one-stop-shop procedure and the standards set out in the GDPR’s Art. Belgian DPA Fines Belgian Telecommunications Provider for Several Data Protection Infringements (2020). L 1, 1 . The organization should determine and document the information to be provided to PII principals regarding the processing of their PII and the timing of such a provision. 15 11 Art. (a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; We take data protection very seriously. Here is the relevant paragraph to article 13 GDPR: 7.3.2 Determining information for PII principals. (13) In order to ensure a consistent level of protection for natural persons throughout the Union and to prevent divergences hamper ing the free movement of personal data within the inter nal market, a Regulation is necessar y 13, 14 of the EU General Data Protection Regulation . Where appropriate, the information should be given at the time of PII collection. Click here to contact us (return messages within 24 hours) or call 1-888-252-5653 to schedule a demo or speak to a member of the Clarip team. As a matter of best practice, the controller can also provide the data subject with the information from the balancing test, which must be carried out to allow reliance on Article 6.1(f) as a lawful basis for processing, in advance of any collection of data subjects’ personal data. Right to erasure (‘right to be forgotten’), Article 18. Using an effective approach can help you to comply with other aspects of the UK GDPR, foster trust with individuals and obtain more useful information from them. The organization should inform PII principals of their rights related to withdrawing consent (which may vary by jurisdiction) at any time, and provide the mechanism to do so. (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; Here is the relevant paragraphs to article 13(2)(b) GDPR: 7.3.5 Providing mechanism to object to PII processing. (b) the contact details of the data protection officer, where applicable; Right to an effective judicial remedy against a controller or processor, Article 80. (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; Here is the relevant paragraph to article 13(2)(c) GDPR: 7.3.4 Providing mechanism to modify or withdraw consent. Survey module for risk assessments. Such schedules should take into account legal, regulatory and business requirements. Modifying consent can include placing restrictions on the processing of PII, which can include restricting the PII controller from deleting the PII in some cases. Depending on the requirements, the information can take the form of a notice. Arts. 1. Art. Where possible, the controller should be able to provide remote access to a secure system which would provide the data subject with direct access to his or her personal data. The organization should implement policies, procedures and/or mechanisms for enabling PII principals to obtain access to, correct and erase of their PII, if requested and without undue delay. It should also be permanently accessible. (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; The controller shall, in addition to providing the information referred to in Articles 13 and 14, inform the data subject of the transfer and on the compelling legitimate interests pursued. Processing under the authority of the controller or processor, Article 30. The controller should provide the data subject with any further information necessary to ensure fair and transparent processing taking into account the specific circumstances and context in which the personal data are processed. 333 of the Criminal Code in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). Art. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. 6 (1 lit. 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: 3 GDPR) The organization should implement policies, procedures and/or mechanisms for use when there can be a dispute about the accuracy or correction of the data by the PII principal. The organization should determine and document the information to be provided to PII principals regarding the processing of their PII and the timing of such a provision. (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; 45(1) (“A transfer of personal data to a third country or an international organisation may take place where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection.”). 14 (1) (c) GDPR, we have to inform you about the purposes of the processing for which your personal information is being collected and used as well as the legal basis for such processing. To avoid information fatigue, this can be included within a layered privacy statement/ notice (see paragraph 35). Engage better! Article 37(7) does not require that the published contact details should include the name of the DPO. 96 – Relația cu acordurile încheiate anterior Art. Some jurisdictions provide PII principals with a right to object to the processing of their PII. Choose from the data mapping software for an automated solution to understanding your data collection and sharing, conduct privacy risk assessments with DPIA software, or choose the cookie consent manager for ePrivacy. 13 – Informații ... Art. Atentie insa la textul informarii, intrucat aceasta trebuie sa reflecte intocmai cerintele prevazute de art. EDPB, Guidelines 3/2019 on Processing of Personal Data through Video Devices (2020). Recital 60 states that giving information about profiling is part of the controller’s transparency obligations under Article 5(1) (a). 1 The controller shall take appropriate measures to provide any information referred to in Articles 13 … 13 & 15 GDPR do not apply to the processing of personal data carried out by the courts. 2. Brief description in English. Articles 13 and 14 of the UK GDPR specify what individuals have the right to be informed about. 13, GDPR (European Regulation 2016/679) The personal data collected (identification data, images in photographic format), directly or through third party photographers, will be processed, including by electronic means and partial or total processing, for purposes instrumental to 6(1)(c) GDPR) Treatment necessary to fulfill a legal obligation to which the Data 13 GDPR - Information to be provided where personal data are collected from the data subject Art. In accordance with the principle of fairness, controllers must provide information on the recipients that is most meaningful for data subjects. (Art. Where, pursuant to Article 10, personal data relating to criminal convictions and offences or related security measures based on Article 6.1 is processed, where applicable the relevant Union or Member State law under which the processing is carried out should be specified. Records of processing activities, Article 31. Processing and freedom of expression and information, Article 86. Tasks of the data protection officer, Article 41. The latter could in particular be the case where processing is carried out for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. Source: Article 12. Expert advise and privacy solutions, Preference Manager This information should be specific to the processing scenario and include a summary of what the right involves and how the data subject can take steps to exercise it and any limitations on the right. The Union's institutions do not assume any liability for its contents. Data protection information sheet acc. DPIA Automation 2. Here is the relevant paragraph to article 13(2)(f) GDPR: The organization should identify and address obligations, including legal obligations, to the PII principals resulting from decisions made by the organization which are related to the PII principal based solely on automated processing of PII. Communication of a personal data breach to the data subject, Article 35. 1. também em 2018 entrou em vigor a GDPR, abordaremos de forma superficial alguns pontos de contato entre ambas as normas. Art. 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 purpose and with any relevant further information as referred to in paragraph 2. Além de falar sobre as oportunidades que estão nesses dados, vamos abordar a responsabilidade no seu uso. Contact us today. Search Easily in chapters, articles and recitals to read faster and become GDPR compliant. Automated Data Mapping The ICO have stated that Articles 13 and 14 of GDPR need to be read literally; the Information Officer said that the ICO understands a proportionate approach needs to be applied. Multi-level scan on unlimited sites with workflows & vendor breach data, Cookie Compliance Artikel 13 - Oplysningspligt ved indsamling af personoplysninger hos den registrerede - EF generel forordning om databeskyttelse, Easy readable text of EU GDPR with many hyperlinks. (2) Recipients of the personal data concerning you are the staff assigned to answer messages received via our website, who have been obliged to comply with the GDPR of course. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). Paragraph 1 shall not apply if one of the following applies: (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject; 3. Notification obligation regarding rectification or erasure of personal data or restriction of processing, Article 22. 13 GDPR We hereby wish to inform you extensively about the processing of your data in our company and the data protection claims and rights to which you are entitled within the meaning of Art. Neste texto, queremos ir um pouco adiante. 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) (Text …