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CHAPTER I General provisions (1-4)
Article 1. Subject-matter and objectivesArticle 2. Material scopeArticle 3. Territorial scopeArticle 4. Definitions
CHAPTER II Principles (5-11)
Article 5. Principles relating to processing of personal dataArticle 6. Lawfulness of processingArticle 7. Conditions for consentArticle 8. Conditions applicable to child's consent in relation to information society servicesArticle 9. Processing of special categories of personal dataArticle 10. Processing of personal data relating to criminal convictions and offencesArticle 11. Processing which does not require identification
CHAPTER III Rights of the data subject (12-23)
Article 12. Transparent information, communication and modalities for the exercise of the rights of the data subjectArticle 13. Information to be provided where personal data are collected from the data subjectArticle 14. Information to be provided where personal data have not been obtained from the data subjectArticle 15. Right of access by the data subjectArticle 16. Right to rectificationArticle 17. Right to erasure (‘right to be forgotten’)Article 18. Right to restriction of processingArticle 19. Notification obligation regarding rectification or erasure of personal data or restriction of processingArticle 20. Right to data portabilityArticle 21. Right to objectArticle 22. Automated individual decision-making, including profiling
Article 23. Restrictions
CHAPTER IV Controller and processor (24-43)
Article 24. Subject-matter and objectivesArticle 25. Data protection by design and by defaultArticle 26. Joint controllersArticle 27. Representatives of controllers or processors not established in the UnionArticle 28. ProcessorArticle 29. Processing under the authority of the controller or processorArticle 30. Records of processing activitiesArticle 31. Cooperation with the supervisory authorityArticle 32. Security of processingArticle 33. Notification of a personal data breach to the supervisory authorityArticle 34. Communication of a personal data breach to the data subjectArticle 35. Data protection impact assessmentArticle 36. Prior consultationArticle 37. Designation of the data protection officerArticle 38. Position of the data protection officerArticle 39. Tasks of the data protection officerArticle 40. Codes of conductArticle 41. Monitoring of approved codes of conductArticle 42. CertificationArticle 43. Certification bodies
CHAPTER V Transfers of personal data to third countries or international organisations (44-50)
Article 44. General principle for transfersArticle 45. Transfers on the basis of an adequacy decisionArticle 46. Transfers subject to appropriate safeguardsArticle 47. Binding corporate rulesArticle 48. Transfers or disclosures not authorised by Union lawArticle 49. Derogations for specific situationsArticle 50. International cooperation for the protection of personal data
CHAPTER VI Independent supervisory authorities (51-59)
Article 51. Supervisory authorityArticle 52. IndependenceArticle 53. General conditions for the members of the supervisory authorityArticle 54. Rules on the establishment of the supervisory authorityArticle 55. CompetenceArticle 56. Competence of the lead supervisory authorityArticle 57. TasksArticle 58. PowersArticle 59. Activity reports
CHAPTER VII Cooperation and consistency (60-70)
Article 60. Cooperation between the lead supervisory authority and the other supervisory authorities concernedArticle 61. Mutual assistanceArticle 62. Joint operations of supervisory authoritiesArticle 63. Consistency mechanismArticle 64. Opinion of the BoardArticle 65. Dispute resolution by the BoardArticle 66. Urgency procedureArticle 67. Exchange of informationArticle 68. European Data Protection BoardArticle 69. IndependenceArticle 70. Tasks of the BoardArticle 71. ReportsArticle 72. ProcedureArticle 73. ChairArticle 74. Tasks of the ChairArticle 75. SecretariatArticle 76. Confidentiality
CHAPTER VIII Remedies, liability and penalties (77-84)
Article 77. Right to lodge a complaint with a supervisory authorityArticle 78. Right to an effective judicial remedy against a supervisory authorityArticle 79. Right to an effective judicial remedy against a controller or processorArticle 80. Representation of data subjectsArticle 81. Suspension of proceedingsArticle 82. Right to compensation and liabilityArticle 83. General conditions for imposing administrative finesArticle 84. Penalties
CHAPTER IX Provisions relating to specific processing situations (85-91)
Article 85. Processing and freedom of expression and informationArticle 86. Processing and public access to official documentsArticle 87. Processing of the national identification numberArticle 88. Processing in the context of employmentArticle 89. Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposesArticle 90. Obligations of secrecyArticle 91. Existing data protection rules of churches and religious associations
CHAPTER X Delegated acts and implementing acts (92-93)
Article 92. Exercise of the delegationArticle 93. Committee procedure
CHAPTER XI Final provisions (94-95)
Article 94. Repeal of Directive 95/46/ECArticle 95. Relationship with Directive 2002/58/ECArticle 96. Relationship with previously concluded AgreementsArticle 97. Commission reportsArticle 98. Review of other Union legal acts on data protectionArticle 99. Entry into force and application
GDPR > Article 23. Restrictions
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Article 23 GDPR. Restrictions

1. 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 obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:

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(a) national security;

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(b) defence;

(c) public security;

(d) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;

(e) other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation a matters, public health and social security;

(f) the protection of judicial independence and judicial proceedings;

(g) the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;

(h) a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g);

(i) the protection of the data subject or the rights and freedoms of others;

(j) the enforcement of civil law claims.

2. In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to:

(a) the purposes of the processing or categories of processing;

(b) the categories of personal data;

(c) the scope of the restrictions introduced;

(d) the safeguards to prevent abuse or unlawful access or transfer;

(e) the specification of the controller or categories of controllers;

(f) the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;

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(g) the risks to the rights and freedoms of data subjects; and

(h) the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.

General Data Protection Regulation (EU GDPR)

The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). Source: EUR-lex.

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Recitals

(73) Restrictions concerning specific principles and the rights of information, access to and rectification or erasure of personal data, the right to data portability, the right to object, decisions based on profiling, as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers may be imposed by Union or Member State law, as far as necessary and proportionate in a democratic society to safeguard public security, including the protection of human life especially in response to natural or manmade disasters, the prevention, investigation and prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, or of breaches of ethics for regulated professions, other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, the keeping of public registers kept for reasons of general public interest, further processing of archived personal data to provide specific information related to the political behaviour under former totalitarian state regimes or the protection of the data subject or the rights and freedoms of others, including social protection, public health and humanitarian purposes. Those restrictions should be in accordance with the requirements set out in the Charter and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.

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