Article 48 states that any judgement of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may not be recognised or enforceable in any manner unless based on an international agreement, like a mutual legal assistance treaty in force between the requesting third (non-EU) country and the EU or a member state. The regulation does not purport to apply to the processing of personal data for national security activities or law enforcement of the EU however, industry groups concerned about facing a potential conflict of laws have questioned whether Article 48 of the GDPR could be invoked to seek to prevent a data controller subject to a third country's laws from complying with a legal order from that country's law enforcement, judicial, or national security authorities to disclose to such authorities the personal data of an EU person, regardless of whether the data resides in or out of the EU. You should take into account the information you are processing together with all the means reasonably likely to be used by either you or any other person to identify that individual." The precise definitions of terms such as "personal data", "processing", "data subject", "controller", and "processor" are stated in Article 4 of the Regulation. If you cannot directly identify an individual from that information, then you need to consider whether the individual is still identifiable. The regulation does not apply to the processing of data by a person for a "purely personal or household activity and thus with no connection to a professional or commercial activity." (Recital 18)Īccording to the European Commission, "Personal data is information that relates to an identified or identifiable individual. Under certain circumstances, the regulation also applies to organisations based outside the EU if they collect or process personal data of individuals located inside the EU. The regulation applies if the data controller (an organisation that collects information about living people, whether they are in the EU or not), or processor (an organisation that processes data on behalf of a data controller like cloud service providers), or the data subject (person) is based in the EU. Recital 4 proclaims that ‘processing of personal data should be designed to serve mankind’. The GDPR 2016 has eleven chapters, concerning general provisions, principles, rights of the data subject, duties of data controllers or processors, transfers of personal data to third countries, supervisory authorities, cooperation among member states, remedies, liability or penalties for breach of rights, and miscellaneous final provisions. The California Consumer Privacy Act (CCPA), adopted on 28 June 2018, has many similarities with the GDPR. As of 6 October 2022, the United Kingdom retains the law in identical form despite no longer being an EU member state. The regulation became a model for many other laws across the world, including in Turkey, Mauritius, Chile, Japan, Brazil, South Korea, South Africa, Argentina and Kenya. As the GDPR is a regulation, not a directive, it is directly binding and applicable, and provides flexibility for certain aspects of the regulation to be adjusted by individual member states. The GDPR was adopted on 14 April 2016 and became enforceable beginning. ![]() Superseding the Data Protection Directive 95/46/EC, the regulation contains provisions and requirements related to the processing of personal data of individuals, formally called "data subjects", who are located in the EEA, and applies to any enterprise-regardless of its location and the data subjects' citizenship or residence-that is processing the personal information of individuals inside the EEA. The GDPR's primary aim is to enhance individuals' control and rights over their personal data and to simplify the regulatory environment for international business. ![]() It also addresses the transfer of personal data outside the EU and EEA areas. The GDPR is an important component of EU privacy law and of human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the European Union. The General Data Protection Regulation ( 2016/679, "GDPR") is a Regulation in EU law on data protection and privacy in the EU and the European Economic Area (EEA). Regulation 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 (Data Protection Directive)Įuropean Parliament and Council of the European Union Regulation (EU) 2016/679 European Union regulation ![]() For the economics term, see Gross domestic product of region.
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