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Index
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 profilingArticle 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 assessment
Article 36. Prior consultation
Article 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 36. Prior consultation
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Article 36 GDPR. Prior consultation

1. The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk.

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2. Where the supervisory authority is of the opinion that the intended processing referred to in paragraph 1 would infringe this Regulation, in particular where the controller has insufficiently identified or mitigated the risk, the supervisory authority shall, within period of up to eight weeks of receipt of the request for consultation, provide written advice to the controller and, where applicable to the processor, and may use any of its powers referred to in Article 58. That period may be extended by six weeks, taking into account the complexity of the intended processing. The supervisory authority shall inform the controller and, where applicable, the processor, of any such extension within one month of receipt of the request for consultation together with the reasons for the delay. Those periods may be suspended until the supervisory authority has obtained information it has requested for the purposes of the consultation.

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3. When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with:

(a) where applicable, the respective responsibilities of the controller, joint controllers and processors involved in the processing, in particular for processing within a group of undertakings;

(b) the purposes and means of the intended processing;

(c) the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to this Regulation;

(d) where applicable, the contact details of the data protection officer;

(e) the data protection impact assessment provided for in Article 35; and

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(f) any other information requested by the supervisory authority.

4. Member States shall consult the supervisory authority during the preparation of a proposal for a legislative measure to be adopted by a national parliament, or of a regulatory measure based on such a legislative measure, which relates to processing.

5. Notwithstanding paragraph 1, Member State law may require controllers to consult with, and obtain prior authorisation from, the supervisory authority in relation to processing by a controller for the performance of a task carried out by the controller in the public interest, including processing in relation to social protection and public health.

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.

ISO 27701 Recitals Leave a comment
ISO 27701

ISO/IEC 27701, adopted in 2019, added a requirement additional to ISO/IEC 27001, section 4.2.

Here is the relevant paragraph to article 36 GDPR:

5.2.2 Understanding the needs and expectations of interested parties

The organization shall include among its interested parties (see ISO/IEC 27001:2013, 4.2), those parties having interests or responsibilities associated with the processing of PII, including the PII principals.

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Recitals

(94) Where a data protection impact assessment indicates that the processing would, in the absence of safeguards, security measures and mechanisms to mitigate the risk, result in a high risk to the rights and freedoms of natural persons and the controller is of the opinion that the risk cannot be mitigated by reasonable means in terms of available technologies and costs of implementation, the supervisory authority should be consulted prior to the start of processing activities. Such high risk is likely to result from certain types of processing and the extent and frequency of processing, which may result also in a realisation of damage or interference with the rights and freedoms of the natural person. The supervisory authority should respond to the request for consultation within a specified period. However, the absence of a reaction of the supervisory authority within that period should be without prejudice to any intervention of the supervisory authority in accordance with its tasks and powers laid down in this Regulation, including the power to prohibit processing operations. As part of that consultation process, the outcome of a data protection impact assessment carried out with regard to the processing at issue may be submitted to the supervisory authority, in particular the measures envisaged to mitigate the risk to the rights and freedoms of natural persons.

(95) The processor should assist the controller, where necessary and upon request, in ensuring compliance with the obligations deriving from the carrying out of data protection impact assessments and from prior consultation of the supervisory authority.

(96) A consultation of the supervisory authority should also take place in the course of the preparation of a legislative or regulatory measure which provides for the processing of personal data, in order to ensure compliance of the intended processing with this Regulation and in particular to mitigate the risk involved for the data subject.

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