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Article 6 - Reg. Eu 2016 / 679

(Text in PDF version downloadable by clicking here)

Lawfulness of the processing

  1. Treatment is lawful only if and to the extent that at least one of the following conditions occurs:
a) the interested party has given his consent to the processing of his personal data for one or more specific purposes;
b) the processing is necessary for the execution of a contract of which the interested party is a party or for the execution of pre-contractual measures adopted at the request of the same;
c) the processing is necessary to fulfill a legal obligation to which the data controller is subject;
d) the treatment is necessary for the safeguard of the vital interests of the interested party or of another physical person;
e) processing is necessary for the performance of a task carried out in the public interest or in connection with the exercise of official authority vested in the data controller;
f) the processing is necessary for the pursuit of the legitimate interest of the data controller or third parties, provided that the interests or rights and fundamental freedoms of the data subject who request the protection of personal data do not prevail, in particular if the data subject is a minor.

Paragraph (f) of the first subparagraph shall not apply to the processing of data by public authorities in the performance of their tasks.

  1. Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing, in accordance with paragraph 1, points c) and e), with more precise determination of specific treatment requirements and other measures in order to guarantee a lawful and correct treatment also for the other specific situations of treatment referred to in Chapter IX.
  2. The basis on which the processing of the data referred to in paragraph 1, letters c) and e) is based must be established:
a) from Union law; or
b) from the law of the Member State to which the controller is subject.

The purpose of the processing is determined in this legal basis or, as regards the treatment referred to in paragraph 1, letter e), it is necessary for the performance of a task carried out in the public interest or related to the exercise of public authority as the data controller is invested. This legal basis could contain specific provisions to adapt the application of the rules of this Regulation, including: the general conditions relating to the lawfulness of processing by the data controller; the types of data being processed; those interested; the subjects to whom the personal data and the purposes for which they are communicated can be communicated; purpose limitations, retention periods and processing operations and procedures, including measures to ensure lawful and correct processing, such as those for other specific processing situations referred to in Chapter IX. The law of the Union or of the Member States pursues an objective of public interest and is proportionate to the legitimate objective pursued.

  1. Where the processing for a purpose other than that for which the personal data were collected is not based on the consent of the data subject or on a legislative act of the Union or of the Member States which constitutes a necessary and proportionate measure in a democratic society for the safeguard of the objectives referred to in article 23, paragraph 1, in order to verify if the treatment for another purpose is compatible with the purpose for which the personal data were initially collected, the data controller takes into account, between the other:
a) any link between the purposes for which the personal data were collected and the purposes of the further processing envisaged;
b) the context in which the personal data were collected, in particular with regard to the relationship between the data subject and the data controller;
c) the nature of personal data, especially if special categories of personal data are processed in accordance with Article 9, or whether data relating to criminal convictions and offenses under Article 10 are processed;
d) of the possible consequences of further treatment foreseen for the interested parties;
e) the existence of adequate safeguards, which may include encryption or pseudonymisation.

Article 13 - Reg.Eu 2016 / 679

(Text in PDF version downloadable by clicking here)

Information to be provided if personal data are collected from the person concerned

  1. In case of collection of data concerning him / her, the data controller provides the data subject, at the moment when the personal data are obtained, the following information:
a) the identity and contact details of the data controller and, where applicable, of his representative;
b) contact details of the data protection officer, where applicable;
c) the purposes of the processing for which the personal data are intended as well as the legal basis of the processing;
d) if the treatment is based on article 6, paragraph 1, letter f), the legitimate interests pursued by the data controller or by third parties;
e) any recipients or any categories of recipients of personal data;
f) where applicable, the intention of the controller to transfer personal data to a third country or international organization 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 49 article, second paragraph, the reference to appropriate or appropriate warranties and the means of obtaining a copy of such data or the place where it has been made available.
  1. In addition to the information referred to in paragraph 1, when the personal data are obtained, the data controller provides the data subject with the following additional information necessary to ensure correct and transparent processing:
a) the retention period of personal data or, if this is not possible, the criteria used to determine this period;
b) the existence of the right of the data subject to request the data controller to access personal data and to correct or delete the data or limitation of the processing that concern them or to oppose their treatment, in addition to the right to data portability ;
c) where the processing is based on Article 6, paragraph 1, letter a), or on 9 article 2 paragraph a), the existence of the right to withdraw consent at any time without prejudice to the lawfulness of the processing based on the consent given before the revocation;