Articles Flashcards

(110 cards)

1
Q

What is the main topic for GDPR Chapter 1 Articles 1- 4?

A

General Provisions

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2
Q

What is the main topic for GDPR Chapter 2 Articles 5 - 11?

A

Principles

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3
Q

What is the main topic for GDPR Chapter 3 Articles 12 - 23?

A

Rights of the data subject

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4
Q

What is the main topic for GDPR Chapter 4 Articles 24 - 43?

A

Controller and processor

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5
Q

What is the main topic for GDPR Chapter 5 Articles 44 - 50?

A

Transfers of personal data to third countries or international organizations

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6
Q

What is the main topic for GDPR Chapter 6 Articles 51 - 59?

A

Independent supervisory authorities

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7
Q

What is the main topic for GDPR Chapter 7 Articles 60 - 76?

A

Cooperation & consistency

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8
Q

What is the main topic for GDPR Chapter 8 Articles 77 - 84?

A

Remedies, liability and penalties

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9
Q

What is the main topic for GDPR Chapter 9 Articles 85 - 91?

A

Provisions relating to specific processing situations

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10
Q

What is the main topic for GDPR Chapter 10 Articles 92 - 93?

A

Delegated acts and implementing acts

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11
Q

What is the main topic for GDPR Chapter 11 Articles 94 - 99?

A

Final provisions

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12
Q
  • Sets out rules about how personal data is processed
  • Protects people’s rights and freedoms in relation to personal data
  • Ensures that personal data can move freely within the EU.
A

Article 1
Subject - matter & objectives

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13
Q
  • Applies where data is processed automatically or is part of a filing system
  • Doesn’t apply to purely domestic or personal activity
  • Doesn’t apply to certain law enforcement activities.
    Article 3 - Territorial Scope
A

Article 2
Material Scope

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14
Q

The GDPR:

  • Applies to any data processing that takes place in the EU (no matter where the person or organization doing the processing is based)
  • Applies to anyone:
    * Offering goods or services (paid or free) in the EU, or
    * Monitoring people’s behavior in the EU
A

Article 3
Territorial scope

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15
Q
  • Personal data - information that can be used to identify an individual.
  • Processing - any action taken with personal data.
  • Controller - any body or organization that decides how or why personal data is processed.
  • Processor - any body or organization that processes personal data for a controller.
  • Consent - A statement or affirmative action that shows agreement to having personal data processed. Must be freely given, specific, informed and unambiguous
A

Article 4
Definitions

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16
Q

All personal data processing must adhere to six principles, which are the responsibility of the data controller:

  • Lawfulness, fairness and transparency;
  • Limitation of processing to legitimate purposes;
  • Data minimization;
    Accuracy;
  • Limitation on time period of storage;
  • Integrity and confidentiality.
A

Article 5
Principles relating to processing of personal data

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17
Q

All personal data processing must occur under one of six lawful bases:

  • Consent;
  • Contract;
  • Legal obligation;
  • Vital interests;
  • Public task;
  • Legitimate interests.
A

Article 6
Lawfulness of processing

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18
Q

Consent must be:

  • Freely given;
  • Given via a clear, affirmative act (opt-in);
  • Easy to withdraw.
A

Article 7
Conditions for consent

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19
Q

If you need to process the personal data of a child under the age of 16 for “information society services” and you’re relying on consent as your lawful basis for doing this, you need the consent of their parent or carer.

You also need to take reasonable steps to make sure it was actually their parent or carer that consented.

Information society service (ISS) broadly means any online service - apps, websites, games, streaming services.

A

Article 8
Conditions applicable to child’s consent in relation to information society services

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20
Q

Special categories of personal data include information about a person’s:
Race; Political views; Religion or beliefs; Sex life; Genetic, biometric or health data; Union membership.

You may only process special category data under very specific circumstances, including:

  • You have a person’s consent in connection with a specific purpose;
  • The person’s life is at risk;
  • You’re a not-for-profit organization and can demonstrate that it’s in your legitimate interests.
A

Article 9
Processing of special categories of personal data

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21
Q

You can only process data about people’s criminal convictions if:

  • You’re doing so under the control of an official authority
  • You’re authorized to do so under the GDPR-compliant law of an EU Member State.
A

Article 10
Processing of personal data relating to criminal convictions and offences

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22
Q
A

Article 11
Processing which does not require identification

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23
Q
A

Article 12
Transparent information, communication and modalities for the exercise of the rights of the data subject

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24
Q
A

Article 13
Information to be provided where personal data are collected from the data subject

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25
Article 14 Information to be provided where personal data have not been obtained from the data subject
26
Article 15 Right of access by the data subject
27
Article 16 Right to rectification
28
Article 17 Right to erasure (‘right to be forgotten’)
29
Article 18 Right to restriction of processing
30
Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing
31
Article 20 Right to data portability
32
Article 21
Right to object
33
Article 22
Automated individual decision-making, including profiling
34
Article 23
Restrictions
35
Article 24
Responsibility of the controller
36
Article 25
Data protection by design and by default
37
Article 26
Joint controllers
38
Article 27
Representatives of controllers or processors not established in the Union
39
Article 28
Processor
40
Article 29
Processing under the authority of the controller or processor
41
Article 30
Records of processing activities
42
Article 31
Cooperation with the supervisory authority
43
Article 32
Security of processing
44
Article 33
Notification of a personal data breach to the supervisory authority
45
Article 34
Communication of a personal data breach to the data subject
46
Article 35
Data protection mpact assessment
47
Article 36
Prior consultation
48
Article 37
Designation of the data protection officer
49
Article 38
Position of the data protection officer
50
Article 39
Tasks of the data protection officer
51
Article 40
Codes of conduct
52
Article 41
Monitoring of approved codes of conduct
53
Article 42
Certification
54
Article 44
General principle for transfers
54
Article 43
Certification bodies
55
Article 45
Transfers on the basis of an adequacy decision
56
Article 46
Transfers subject to appropriate safeguards
57
Article 47
Binding corporate rules
58
Article 48
Transfers or disclosures not authorized by Union law
59
Article 49
Derogations for specific situations
60
Article 50
International cooperation for the protection of personal data
61
Article 51
Supervisory authority
62
Article 52
Independence
63
Article 53
General conditions for the members of the supervisory authority
64
Article 54
Rules on the establishment of the supervisory authority
65
Article 56
Competence of the lead supervisory authority
66
Article 55
Competence
67
Article 57
Tasks
68
Article 58
Powers
69
Article 59
Activity reports
70
Article 60
Cooperation between the lead supervisory authority and the other supervisory authorities concerned
71
Article 61
Mutual assistance
72
Article 62
Joint operations of supervisory authorities
73
Article 63
Consistency mechanism
74
Article 64
Opinion of the Board
75
Article 65
Dispute resolution by the Board
76
Article 66
Urgency procedure
77
Article 67
Exchange of information
78
Article 68
European Data Protection Board
79
Article 69
Independence
80
Article 70
Tasks of the Board
81
Article 71
Reports
82
Article 72
Procedure
83
Article 73
Chair
84
Article 74
Tasks of the Chair
85
Article 75
Secretariat
86
Article 78
Right to an effective judicial remedy against a supervisory authority
87
Article 76
Confidentiality
88
Article 77
Right to lodge a complaint with a supervisory authority
89
Article 79
Right to an effective judicial remedy against a controller or processor
90
Article 80
Representation of data subjects
91
Article 81
Suspension of proceedings
92
Article 82
Right to compensation and liability
93
Article 83
General conditions for imposing administrative fines
94
Article 84
Penalties
95
Article 85
Processing and freedom of expression and information
96
Article 86
Processing and public access to official documents
97
Article 87
Processing of the national identification number
98
Article 88
Processing in the context of employment
99
Article 89
Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
100
Article 90
Obligations of secrecy
101
Article 91
Existing data protection rules of churches and religious associations
102
Article 92
Exercise of the delegation
103
Article 93
Committee procedure
104
Article 94
Repeal of Directive 95/46/EC
105
Article 95
Relationship with Directive 2002/58/EC
106
Article 96
Relationship with previously concluded Agreements
107
Article 97
Commission reports
108
Article 98
Review of other Union legal acts on data protection
109
Article 99
Entry into force and application