The contract or the other legal act referred to in paragraphs 3 and 4 shall be in writing, including in electronic form. Order of authorities Pages, Paragraphs, and Pincites Short form: Id., Infra, Supra, Hereinafter Typeface conventions How to cite . If you are writing a paper with a lot of references to legal materials such as laws, court cases, and legislative materials, you are strongly advised to consult . 3. This Regulation does not apply to the processing of personal data: in the course of an activity which falls outside the scope of Union law; by the Member States when carrying out activities which fall within the scope of Chapter2 of TitleV of the TEU; by a natural person in the course of a purely personal or household activity; by competent authorities for the purposes of 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. [online] Available at:
[Accessed 7 July 2021]. The consent of the holder of parental responsibility should not be necessary in the context of preventive or counselling services offered directly to a child. In its capacity as lead authority, the supervisory authority should closely involve and coordinate the supervisory authorities concerned in the decision-making process. 1. The accreditation of certification bodies as referred to in paragraphs1 and 2 of this Article shall take place on the basis of criteria approved by the supervisory authority which is competent pursuant to Article55 or 56 or by the Board pursuant to Article63. The establishment of supervisory authorities in Member States, empowered to perform their tasks and exercise their powers with complete independence, is an essential component of the protection of natural persons with regard to the processing of their personal data. 3. Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags. The delegation of power referred to in Article 12(8) and Article 43(8) may be revoked at any time by the European Parliament or by the Council. 7. 6. Where possible, the controller should be able to provide remote access to a secure system which would provide the data subject with direct access to his or her personal data. 1. In any case, the application of the principles set out in this Regulation and in particular the information of the data subject on those other purposes and on his or her rights including the right to object, should be ensured. It should not apply where processing is based on a legal ground other than consent or contract. General Data Protection Regulation - Cite This For Me In such cases, a data protection impact assessment should be carried out by the controller prior to the processing in order to assess the particular likelihood and severity of the high risk, taking into account the nature, scope, context and purposes of the processing and the sources of the risk. 8. For that purpose, the supervisory authorities shall cooperate with each other and the Commission in accordance with Chapter VII. The Bluebook employs the use of footnotes, as opposed to parenthetical references usually seen in APA and MLA style.. The data subject's right to transmit or receive personal data concerning him or her should not create an obligation for the controllers to adopt or maintain processing systems which are technically compatible. 6. 4. relevant and reasoned objection means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union; information society service means a service as defined in point(b) of Article1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council(19); international organisation means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries. The European Data Protection Board (the Board) is hereby established as a body of the Union and shall have legal personality. Where a transfer could not be based on a provision in Article 45 or 46, including the provisions on binding corporate rules, and none of the derogations for a specific situation referred to in the first subparagraph of this paragraph is applicable, a transfer to a third country or an international organisation may take place only if the transfer is not repetitive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests pursued by the controller which are not overridden by the interests or rights and freedoms of the data subject, and the controller has assessed all the circumstances surrounding the data transfer and has on the basis of that assessment provided suitable safeguards with regard to the protection of personal data. The Commission may decide with effect for the entire Union that a third country, a territory or specified sector within a third country, or an international organisation, offers an adequate level of data protection, thus providing legal certainty and uniformity throughout the Union as regards the third country or international organisation which is considered to provide such level of protection. These are the sources and citations used to research GDPR Regulations- Human and Legal aspects of Cyber Security. . 1. Available at: [Accessed 7 July 2021]. The implementing act shall provide for a mechanism for a periodic review, at least every four years, which shall take into account all relevant developments in the third country or international organisation. Transfers should only be allowed where the conditions of this Regulation for a transfer to third countries are met. Given that children merit specific protection, any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand. The designation of a representative by the controller or processor shall be without prejudice to legal actions which could be initiated against the controller or the processor themselves. 2. This may be the case, inter alia, where disclosure is necessary for an important ground of public interest recognised in Union or Member State law to which the controller is subject. 3. The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points(b), (c) and (d) of Article33(3). Where a controller or a processor not established in the Union is processing personal data of data subjects who are in the Union whose processing activities are related to the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union, or to the monitoring of their behaviour as far as their behaviour takes place within the Union, the controller or the processor should designate a representative, unless the processing is occasional, does not include processing, on a large scale, of special categories of personal data or the processing of personal data relating to criminal convictions and offences, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing or if the controller is a public authority or body. Where the lead supervisory authority decides to handle the case, the procedure provided in Article 60 shall apply. In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, the supervisory authorities should have in each Member State the same tasks and effective powers, including powers of investigation, corrective powers and sanctions, and authorisation and advisory powers, in particular in cases of complaints from natural persons, and without prejudice to the powers of prosecutorial authorities under MemberState law, to bring infringements of this Regulation to the attention of the judicial authorities and engage in legal proceedings. Union or Member State law should provide for specific and suitable measures so as to protect the fundamental rights and the personal data of natural persons. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available; obtaining or disclosure is expressly laid down by Union or MemberState law to which the controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or. The Board shall, without prejudice to Article 76, make the results of the consultation procedure publicly available. 3. Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject's consent or on a Union or MemberState law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia: any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10; the possible consequences of the intended further processing for data subjects; the existence of appropriate safeguards, which may include encryption or pseudonymisation. In addition to the specific requirements for such processing, the general principles and other rules of this Regulation should apply, in particular as regards the conditions for lawful processing. A group of undertakings may appoint a single data protection officer provided that a data protection officer is easily accessible from each establishment. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide the information referred to in Articles13 and 14, by means of an arrangement between them unless, and in so far as, the respective responsibilities of the controllers are determined by Union or MemberState law to which the controllers are subject. Paragraph1 shall not apply if the decision: is necessary for entering into, or performance of, a contract between the data subject and a data controller; is authorised by Union or MemberState law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them. (21)Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30May2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). 3. Some types of processing may serve both important grounds of public interest and the vital interests of the data subject as for instance when processing is necessary for humanitarian purposes, including for monitoring epidemics and their spread or in situations of humanitarian emergencies, in particular in situations of natural and man-made disasters. For instance, OSCOLA (Oxford University Standard for the Citation of Legal Authorities) - an oft-used citation style for legal publications - requires you to name "the legislation type, number and title, followed by publication details in the OJ" when citing EU regulations like the GDPR. 2. 9. (18)Directive 2002/58/EC of the European Parliament and of the Council of 12July2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 2. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. the processing is carried out by automated means. Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: the categories of personal data concerned; where applicable, that the controller intends to transfer personal data to a recipient in a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available. Prop. 2. How to represent and cite a patent using BibTeX? 3. Member States should be able to establish more than one supervisory authority, to reflect their constitutional, organisational and administrative structure. 5. The arrangement referred to in paragraph 1 shall duly reflect the respective roles and relationships of the joint controllers vis--vis the data subjects. For the GDPR itself biblatex knows the types @legislation or @legal. Proceedings against a supervisory authority shall be brought before the courts of the MemberState where the supervisory authority is established. For proceedings against a controller or processor, the plaintiff should have the choice to bring the action before the courts of the MemberStates where the controller or processor has an establishment or where the data subject resides, unless the controller is a public authority of a MemberState acting in the exercise of its public powers. It is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. Where the lead supervisory authority intends to follow the relevant and reasoned objection made, it shall submit to the other supervisory authorities concerned a revised draft decision for their opinion. Do you have to follow a specific citation style (e.g., for submission to a journal)? issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 64(1), on matters submitted pursuant to Article 64(2) and to issue binding decisions pursuant to Article 65, including in cases referred to in Article 66; promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities; promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations; promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide. a complaint has been lodged with that supervisory authority; processing of personal data which takes place in the context of the activities of establishments in more than one MemberState of a controller or processor in the Union where the controller or processor is established in more than one MemberState; or. 'The concept of a 'freely given, specific, informed and unambiguous' (OJ L, 2016) consent stands at the very basis of the GDPR []' ' (OJ L, 2016)' is the citation made through Zotero although. 1. In that case, the urgent need to act under Article66(1) shall be presumed to be met and require an urgent binding decision from the Board pursuant to Article66(2). The member or members of each supervisory authority shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody. For the purposes of this Regulation, the processing of personal data for scientific research purposes should be interpreted in a broad manner including for example technological development and demonstration, fundamental research, applied research and privately funded research. 3. The outcome of the assessment should be taken into account when determining the appropriate measures to be taken in order to demonstrate that the processing of personal data complies with this Regulation. A decision pursuant to paragraph5 of this Article is without prejudice to transfers of personal data to the third country, a territory or one or more specified sectors within that third country, or the international organisation in question pursuant to Articles46 to 49. In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to: the purposes of the processing or categories of processing; the scope of the restrictions introduced; the safeguards to prevent abuse or unlawful access or transfer; the specification of the controller or categories of controllers; the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing; the risks to the rights and freedoms of data subjects; and. 3. The competent supervisory authority shall submit the draft criteria for accreditation of a body as referred to in paragraph 1 of this Article to the Board pursuant to the consistency mechanism referred to in Article63. publications - How to cite GDPR and AI Act? - Academia Stack Exchange GDPR Recitals Key Issues GDPR Chapter 1 (Art. 2. Where administrative fines are imposed on an undertaking, an undertaking should be understood to be an undertaking in accordance with Articles101 and 102 TFEU for those purposes. 5. The notion of micro, small and medium-sized enterprises should draw from Article2 of the Annex to Commission Recommendation 2003/361/EC(5). In order to ensure that natural persons are not deprived of the protection to which they are entitled under this Regulation, the processing of personal data of data subjects who are in the Union by a controller or a processor not established in the Union should be subject to this Regulation where the processing activities are related to offering goods or services to such data subjects irrespective of whether connected to a payment. 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. The implementing act shall specify its territorial and sectoral application and, where applicable, identify the supervisory authority or authorities referred to in point (b) of paragraph 2 of this Article. The processing of personal data for scientific purposes should also comply with other relevant legislation such as on clinical trials. Where more than one supervisory authority is established in a Member State, that MemberState shall designate the supervisory authority which is to represent those authorities in the Board and shall set out the mechanism to ensure compliance by the other authorities with the rules relating to the consistency mechanism referred to in Article63. Moreover, the processing of personal data by official authorities for the purpose of achieving the aims, laid down by constitutional law or by international public law, of officially recognised religious associations, is carried out on grounds of public interest. Provisions relating to specific processing situations, Processing and freedom of expression and information. Research results obtained through registries provide solid, high-quality knowledge which can provide the basis for the formulation and implementation of knowledge-based policy, improve the quality of life for a number of people and improve the efficiency of social services. 4 Definitions Chapter 2 (Art. 1. Consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data should be ensured throughout the Union.