Right to Erasure Request Form 30 GDPR – Records of processing activities; Art. 35 GDPR – Data protection impact assessment, Art. 25 GDPR Data protection by design and by default. The contract or the other legal act referred to in paragraphs 3 and 4 shall be in writing, including in electronic form. 28(8) GDPR and aims at helping organisations to meet the requirements of art. Art. 28 DS-GVO ). Notification of a personal data breach to the supervisory authority . 32 GDPR – Security of processing; Art. 45 GDPR – Transfers on the basis of an adequacy decision, Art. Art. Data Processing Agreement Art. 33 GDPR – Notification of a personal data breach to the supervisory authority Cooperation with the supervisory authority. © 2021 Proton Technologies AG. 56 GDPR – Competence of the lead supervisory authority, Art. 13 GDPR – Information to be provided where personal data are collected from the data subject, Art. With regard to point (h) of the first subparagraph, the processor shall immediately inform the controller if, in its opinion, an instruction infringes this Regulation or other Union or Member State data protection provisions. If a processor uses another organisation (ie a sub-processor) to assist in its processing of personal data for a controller, it needs to have a written contract in place with that sub-processor. General Data Protection Regulation (GDPR), Transfers of personal data to third countries or international organisations, Provisions relating to specific processing situations. 33. 99 GDPR – Entry into force and application. 24 GDPR – Responsibility of the controller, Art. processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest; ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; respects the conditions referred to in paragraphs 2 and 4 for engaging another processor; taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in, assists the controller in ensuring compliance with the obligations pursuant to. 98 GDPR – Review of other Union legal acts on data protection, Art. Data subjects' rights are strengthened across the board, with a concomitant toughening of obligations for data controllers and data processors.In this post, I look in detail at three problems for cloud services providers arising out of Article 28 of the GDPR, which is 48 GDPR – Transfers or disclosures not authorised by Union law, Art. at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data; makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller. 83 GDPR – General conditions for imposing administrative fines, Art. 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. 23 GDPR – Restrictions 32 GDPR. 94 GDPR – Repeal of Directive 95/46/EC, Art. 41 GDPR – Monitoring of approved codes of conduct, Art. This is not an official EU Commission or Government resource. Processing by a processor shall be governed by a contract or other legal act under Union or Member … 39 GDPR – Tasks of the data protection officer, Art. 28(8) GDPR and aims at helping organisations to meet the requirements of art. That contract or other legal act shall stipulate, in particular, that the processor: processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest; ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; respects the conditions referred to in paragraphs 2 and 4 for engaging another processor; taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in, assists the controller in ensuring compliance with the obligations pursuant to. 28. Aggiornato il 24/01/2019. Final text of the GDPR including recitals. 34. 32 GDPR – Security of processing; Art. Adherence of a processor to an approved code of conduct as referred to in, Without prejudice to an individual contract between the controller and the processor, the contract or the other legal act referred to in paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8 of this Article, including when they are part of a certification granted to the controller or processor pursuant to, The Commission may lay down standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the examination procedure referred to in, A supervisory authority may adopt standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the consistency mechanism referred to in. 31 GDPR – Cooperation with the supervisory authority ; Art. 91 GDPR – Existing data protection rules of churches and religious associations, Art. 32. Art. 19 GDPR – Notification obligation regarding rectification or erasure of personal data or restriction of processing, Art. Articolo 29 EU RGPD "Trattamento sotto l'autorità del titolare del trattamento o del responsabile del trattamento" => administrative fine: Art. 28 GDPR - Responsabile del trattamento . 54 GDPR – Rules on the establishment of the supervisory authority, Art. GDPR.EU is a website operated by Proton Technologies AG, which is co-funded by Project REP-791727-1 of the Horizon 2020 Framework Programme of the European Union. Records of processing activities. 28 GDPR (Processor) 1. 28 (3) and (4), given the fact that the contract between controller and processor cannot just restate the provisions of the GDPR but should further specify them, e.g. 44 GDPR – General principle for transfers, Art. 86 GDPR – Processing and public access to official documents, Art. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject, Art. DLA Piper’s Article 28 GDPR working group produced this “Example Data Protection Addendum Addressing Article 28 GDPR (Processor Terms) and Incorporating Standard Contractual Clauses for Controller to Processor Transfers of Personal Data from the … 30 GDPR – Records of processing activities; Art. Art. Processing by a processor shall be governed by a contract or other legal act under Union or Member State law, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. Processor. 28 GDPR Processor. 17 GDPR – Right to erasure (‘right to be forgotten’), Art. 29 GDPR – Processing under the authority of the controller or processor; Art. Processing by a processor shall be governed by a contract or other legal act under Union or Member … 28. 1 Where a processor engages another processor for carrying out specific processing activities on … The europa.eu webpage concerning GDPR can be found here. Art. Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. 87 GDPR – Processing of the national identification number, Art. Processing by a processor shall be governed by a contract or other legal act under Union or Member … 28 (3) and (4), given the fact that the contract between controller and processor cannot just restate the provisions of the GDPR but should further specify them, e.g. 38 GDPR – Position of the data protection officer, Art. Art. Adherence of a processor to an approved code of conduct as referred to in, Without prejudice to an individual contract between the controller and the processor, the contract or the other legal act referred to in paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8 of this Article, including when they are part of a certification granted to the controller or processor pursuant to, The Commission may lay down standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the examination procedure referred to in, A supervisory authority may adopt standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the consistency mechanism referred to in. GDPR.eu is co-funded by the Horizon 2020 Framework Programme of the European Union and operated by Proton Technologies AG. Communication of a personal data breach to the data subject. Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. 33 GDPR – Notification of a personal data breach to the supervisory authority, Art. 30 GDPR – Records of processing activities; Art. 30 GDPR – Records of processing activities, Art. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and … Continue reading Art. Art. Processing by a processor shall be governed by a contract or other legal act under Union or Member … 50 GDPR – International cooperation for the protection of personal data, Art. 53 GDPR – General conditions for the members of the supervisory authority, Art. In the following, we will be presenting the case and the court’s judgement. 14 11 Art. 1 GDPR – Subject-matter and objectives, Art. 27 GDPR – Representatives of controllers or processors not established in the Union, Art. Where that other processor fails to fulfil its data protection obligations, the initial processor shall remain fully liable to the controller for the performance of that other processor’s obligations. 14 GDPR – Information to be provided where personal data have not been obtained from the data subject, Art. On June 30th, 2020, the Vienna Regional Court passed judgement in the case of Max Schrems against Facebook Ireland Limited, in the case number 3 Cg 52/14k-91 (in German). Art. Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. 80 GDPR – Representation of data subjects, Art. 96 GDPR – Relationship with previously concluded Agreements, Art. Art. Tag: Art. 28 GDPR Regional Court of Vienna judges in Schrems against Facebook case. 28 GDPR – Processor; Art. 92 GDPR – Exercise of the delegation, Art. The Directive relied on the controller to contractually require the processor to secure the personal data processed on its behalf. 34 GDPR – Communication of a personal data breach to the data subject, Art. Die d.vinci HR-Systems GmbH wurde von uns sorgfältig ausgewählt.Es bestehen vertragliche Regelungen entsprechend den Voraussetzungen der DS-GVO (Art. 35. 28 GDPR – Processor; Art. All Rights Reserved. 85 GDPR – Processing and freedom of expression and information, Art. Art. 28 GDPR – Processor; Art. 22 GDPR – Automated individual decision-making, including profiling, Art. Paragraph 1 shall not apply if the decision: is necessary for entering into, or performance of, a contract between … Continue reading Art. 2. 29 GDPR – Processing under the authority of the controller or processor; Art. We have carefully selected d.vinci HR-Systems GmbH and have made contractual regulations in accordance with the requirements of the GDPR (Art. Articolo 28 - Responsabile del trattamento - EU regolamento generale sulla protezione dei dati (EU-RGPD), Easy readable text of EU GDPR with many hyperlinks. 5 GDPR – Principles relating to processing of personal data, Art. We are a consulting company specialised in the fields of data protection, IT security and IT forensics. Regolamento UE 2016/679, art. 32 GDPR – Security of processing; Art. 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Art. The GDPR*, which will come into force on 25 May 2018, represents a major evolution in EU data protection law. The UK GDPR sets out what needs to be included in the contract. 28 (3) and (4), given the fact that the contract between controller and processor cannot just restate the provisions of the GDPR but should further specify them, e.g. Principles relating to processing of personal data, Conditions applicable to child’s consent in relation to information society services, Processing of special categories of personal data, Processing of personal data relating to criminal convictions and offences, Processing which does not require identification, Transparent information, communication and modalities for the exercise of the rights of the data subject, Information to be provided where personal data are collected from the data subject, Information to be provided where personal data have not been obtained from the data subject, Right to erasure (‘right to be forgotten’), Notification obligation regarding rectification or erasure of personal data or restriction of processing, Automated individual decision-making, including profiling, Representatives of controllers or processors not established in the Union, Processing under the authority of the controller or processor, Cooperation with the supervisory authority, Notification of a personal data breach to the supervisory authority, Communication of a personal data breach to the data subject, Designation of the data protection officer, Transfers of personal data to third countries or international organisations, Transfers on the basis of an adequacy decision, Transfers subject to appropriate safeguards, Transfers or disclosures not authorised by Union law, International cooperation for the protection of personal data, General conditions for the members of the supervisory authority, Rules on the establishment of the supervisory authority, Competence of the lead supervisory authority, Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Joint operations of supervisory authorities, Right to lodge a complaint with a supervisory authority, Right to an effective judicial remedy against a supervisory authority, Right to an effective judicial remedy against a controller or processor, General conditions for imposing administrative fines, Provisions relating to specific processing situations, Processing and freedom of expression and information, Processing and public access to official documents, Processing of the national identification number, Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Existing data protection rules of churches and religious associations, Relationship with previously concluded Agreements, Review of other Union legal acts on data protection.