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Regulation (EU) 2016/679
GDPR
General Data Protection Regulation obligations
What controllers and processors must do under the GDPR, chapter by chapter and article by article: the principles of Article 5, the rights they must honour, the accountability of Chapter IV and the security of processing of Article 32.
99 articles carry obligations; 536 obligations listed, summarised from the article text. The article is one click away every time.
At a glance
Every obligation, in the order of the law
Chapter by chapter, each article that puts an obligation on someone, with who it addresses and what it asks. The wording here is a summary; the article text is the law, and it is one click away.
Who. All organizations and individuals processing personal data in the EU, except for purely personal/household use, law enforcement authorities, and activities outside EU jurisdiction
Must comply with GDPR when processing personal data through automated means
Must comply with GDPR when manually processing personal data that is part of a filing system
Cannot claim exemption unless activity falls under specific exclusions (personal use, law enforcement, outside EU scope)
Who. Controllers and processors established in the EU, non-EU organizations targeting EU residents with goods/services, non-EU organizations monitoring EU residents' behavior, organizations in territories where EU law applies via international law
Organizations established in the EU must comply with GDPR for all personal data processing activities
Non-EU organizations must comply when offering goods/services to EU residents
Non-EU organizations must comply when monitoring behavior of individuals within the EU
Organizations must determine if they fall under GDPR's territorial scope and comply accordingly
Who. Any organization (controller or processor) that handles information relating to identified or identifiable individuals (personal data), including businesses, public authorities, agencies, and any other entities processing personal data in the EU
Understand and correctly identify when information qualifies as 'personal data' under GDPR
Recognize when any activity with personal data constitutes 'processing' requiring compliance
Correctly determine your role as either a 'controller' or 'processor' to understand your specific obligations
Ensure 'consent' meets the strict requirements of being freely given, specific, informed and unambiguous
Implement proper 'pseudonymisation' techniques when used as a data protection measure
Establish appropriate technical and organizational measures for any 'filing systems' containing personal data
Who. All data controllers (organizations that determine how and why personal data is processed) operating within the EU or processing EU residents' data
Identify and document at least one legal basis before any data processing
Obtain explicit consent if relying on consent as the legal basis
Ensure processing is necessary and proportionate to the chosen legal basis
Not rely on legitimate interests if you are a public authority performing official tasks
Assess compatibility before using data for purposes different from original collection
Consider the data subject's rights, especially for children
Who. Any organization or individual processing personal data that reveals racial/ethnic origin, political opinions, religious/philosophical beliefs, trade union membership, genetic data, biometric data for identification, health data, or data about sex life/sexual orientation
Must not process special category data unless one of the 10 legal exceptions applies
If relying on explicit consent, must ensure it is freely given and specific to the purpose
Must implement appropriate safeguards when processing special category data
For health data processing, must ensure it's done by professionals subject to confidentiality obligations
Must verify that any legal basis claimed is proportionate and respects data protection principles
Must document the legal basis for processing special category data
Article 10: Processing of personal data relating to criminal convictions and offences
Who. Any organization processing personal data related to criminal convictions, offenses, or security measures - particularly government agencies, law enforcement, and organizations authorized by law
Only process criminal conviction data under official authority control
Obtain explicit legal authorization from EU or national law before processing
Implement appropriate safeguards for data subjects' rights and freedoms
Maintain comprehensive criminal conviction registers only under official authority
Article 11: Processing which does not require identification
Who. Data controllers who process personal data in ways that don't require identifying specific individuals (e.g., anonymous analytics, aggregated data processing)
Not required to maintain or acquire additional information solely for identification purposes
Must inform data subjects when unable to identify them (if possible)
Must still comply with data subject rights (Articles 15-20) if the person provides additional identifying information
Chapter III · Art. 12 to 23
Rights of the Data Subject
Article 12: Transparent information, communication and modalities for the exercise of the rights of the data subject
Who. Data controllers (any organization that determines purposes and means of processing personal data) and applies to all personal data of EU residents
Delete personal data without undue delay when requested by the data subject
Erase data when it's no longer necessary for original purposes
Delete data immediately when consent is withdrawn and no other legal basis exists
Remove data that was unlawfully processed
Take reasonable steps to inform third parties who received the data about erasure requests
Implement technical measures to facilitate data deletion across systems
Who. Data controllers processing personal data based on legitimate interests or public tasks (Article 6(1)(e) or (f)), especially those engaged in direct marketing, profiling, or scientific/historical research
Stop processing personal data when a data subject objects unless you have compelling legitimate grounds that override their rights
Immediately cease all processing for direct marketing purposes when objected to
Explicitly inform data subjects of their right to object at first communication
Present the right to object clearly and separately from other information
Provide automated means for objecting in online services using technical specifications
Honor objections to research/statistical processing unless necessary for public interest tasks
Article 22: Automated individual decision-making, including profiling
Who. Data controllers using automated systems for decisions that legally or significantly affect individuals (credit scoring, hiring, insurance, pricing algorithms)
Obtain explicit consent, contract necessity, or legal authorization before automated decision-making
Provide right to human intervention and review of automated decisions
Allow data subjects to express their viewpoint and contest decisions
Implement suitable safeguards for rights and freedoms
Prohibit automated decisions based on sensitive data unless specific exemptions apply
Who. Controllers (businesses that determine why and how personal data is processed) and processors (companies that process personal data on behalf of controllers)
Controllers must only use processors with sufficient guarantees for GDPR compliance
Processors need written authorization before engaging sub-processors
Processing must be governed by a written contract specifying all processing details
Processors must only process data on documented instructions from the controller
Processors must ensure confidentiality of personnel handling personal data
Processors must implement security measures per Article 32
Who. Data processors, sub-processors, employees, contractors, and any person acting under the authority of either the controller or processor who has access to personal data
Data processors must only process personal data according to the controller's documented instructions
Controllers must provide clear, specific instructions to processors about data handling
Any person with data access under the controller/processor must follow instruction-only processing
Processing outside of instructions is prohibited unless legally required by EU or national law
Who. All data controllers and processors regardless of size, except organizations with fewer than 250 employees unless they process high-risk, non-occasional, or sensitive data
Controllers must maintain records containing: organization details, processing purposes, data subject categories, recipient categories, international transfers, retention periods, and security measures
Processors must maintain records containing: processor/controller details, processing categories per controller, international transfers, and security measures
Records must be in writing (electronic form acceptable)
Records must be made available to supervisory authorities upon request
Article 31: Cooperation with the supervisory authority
Who. Data controllers planning processing operations that are likely to result in high risk to individuals' rights and freedoms, particularly those using new technologies, automated processing, or handling sensitive data at scale
Conduct a Data Protection Impact Assessment (DPIA) before high-risk processing activities
Consult the data protection officer when carrying out the assessment
Include specific content: processing description, necessity assessment, risk assessment, and mitigation measures
Perform DPIA for automated decision-making, large-scale processing of sensitive data, or systematic monitoring of public areas
Follow supervisory authority lists of processing requiring or not requiring DPIAs
Seek views of data subjects or their representatives where appropriate
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
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
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
When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with (6 specific requirements - see full details)
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
Article 37: Designation of the data protection officer
Who. Controllers and processors that are public authorities, organizations whose core activities involve large-scale systematic monitoring, or organizations processing large amounts of sensitive/criminal data
Designate a DPO if you are a public authority (except courts)
Designate a DPO if your core activities involve regular and systematic monitoring of data subjects on a large scale
Designate a DPO if you process large amounts of special categories of data or criminal conviction data
Base DPO appointment on professional qualities and expertise in data protection law
Publish the DPO's contact details
Communicate DPO contact details to the supervisory authority
Who. Trade associations, industry bodies, and organizations representing controllers or processors who want to create sector-specific GDPR compliance guidance
Include mandatory monitoring mechanisms for compliance verification
Submit draft codes to the competent supervisory authority for approval
Ensure codes provide sufficient appropriate safeguards for data protection
Make binding and enforceable commitments if using codes for international transfers
Register approved codes with the supervisory authority
Article 41: Monitoring of approved codes of conduct
Who. Applies to bodies that monitor GDPR codes of conduct, and to controllers/processors who adopt such codes (excluding public authorities and bodies)
Monitoring bodies must demonstrate independence and expertise in the code's subject matter
Must establish procedures to assess eligibility of organizations to apply the code
Must monitor ongoing compliance with code provisions and periodically review operations
Must establish transparent complaint handling procedures for code violations
Must take appropriate action against code violations, including suspension or exclusion
Must inform supervisory authority of enforcement actions taken
Who. Controllers and processors seeking voluntary certification, certification bodies conducting assessments, supervisory authorities approving certification criteria, and organizations not subject to GDPR using certification for international data transfers
Provide certification bodies full access to processing activities during certification procedures
Make binding commitments via contract when using certification for international transfers
Maintain compliance with certification requirements throughout the certification period
Renew certification before the 3-year maximum period expires if continuing
Accept withdrawal of certification if requirements are no longer met
Who. Multinational groups of companies or enterprises engaged in joint economic activities that need to transfer personal data between their entities across different countries, particularly from the EU to non-EU countries
Make BCRs legally binding and enforceable across all company entities and employees
Grant enforceable rights to data subjects regarding their personal data
Document complete company structure and contact details for all entities
Specify all data transfers including categories, purposes, and destination countries
Implement all GDPR principles (purpose limitation, data minimization, security measures)
Establish liability acceptance for non-EU entities' GDPR breaches
Who. Data controllers and processors transferring personal data to third countries or international organizations outside the EU without adequacy decisions or standard safeguards
Obtain explicit consent after informing data subjects of risks when transferring without adequacy decisions
Document all assessments and safeguards for transfers based on compelling legitimate interests
Inform supervisory authorities of transfers made under compelling legitimate interests exception
Inform data subjects about the transfer and compelling legitimate interests pursued
Ensure transfers from public registers don't involve entire datasets or categories
Limit transfers to non-repetitive, limited data subjects when using compelling legitimate interests exception
Who. Controllers and processors conducting cross-border data processing (operating in multiple EU member states), and supervisory authorities handling GDPR enforcement
Controllers/processors must identify their main establishment for determining lead supervisory authority
Local authorities must inform the lead authority within 3 weeks of receiving cross-border complaints
Lead authority must decide within 3 weeks whether to handle cross-border cases
Lead authority must consider draft decisions from local authorities
Controllers/processors must work with lead authority as sole point of contact for cross-border processing
Who. Lead supervisory authorities, other concerned supervisory authorities, controllers and processors with establishments in multiple EU member states, and the European Data Protection Board
Lead authority must cooperate and share all relevant information with other concerned supervisory authorities
Submit draft decisions to other authorities for opinion and take their views into account
Wait 4 weeks for objections from other authorities before proceeding
Submit revised draft if following a relevant and reasoned objection (2-week review period)
Adopt and notify final decision to controller/processor's main establishment
Inform other supervisory authorities and the Board of the decision
Who. Supervisory authorities when controllers/processors have establishments in multiple Member States or when processing affects data subjects in multiple Member States
Lead supervisory authority must invite other affected Member States' authorities to participate in joint operations
Lead authority must respond without delay to participation requests from other supervisory authorities
Host supervisory authority must provide guidance and presence for visiting authority staff during joint operations
Member States must assume responsibility and liability for damage caused by seconded staff operating in their territory
Member States must reimburse other Member States for damages their seconded staff cause in other territories
Who. National supervisory authorities (data protection authorities) in EU member states when making decisions with cross-border impact or general application
Supervisory authorities must submit draft decisions to the Board for opinion before adopting measures related to: impact assessment lists, codes of conduct approval, accreditation criteria, standard data protection clauses, contractual clauses authorization, or binding corporate rules
Supervisory authorities must communicate all relevant information to the Board using standardized electronic format
Supervisory authorities must wait for the Board's opinion period (8 weeks, extendable by 6 weeks) before adopting their draft decision
Supervisory authorities must take utmost account of the Board's opinion and respond within 2 weeks stating whether they will maintain or amend their decision
Who. This article applies to all EU supervisory authorities (data protection authorities), the European Data Protection Board, and indirectly affects controllers and processors whose cases are subject to dispute resolution
Supervisory authorities must accept binding decisions from the Board when disputes arise
The Board must make decisions within 1-2 months (extendable for complex cases)
Lead supervisory authorities must implement the Board's binding decision within one month
Supervisory authorities cannot make independent decisions on matters submitted to the Board while review is pending
The Board must publish its decisions on its website after the final decision is made
Who. Supervisory authorities (national data protection regulators) when protecting data subjects' rights in exceptional circumstances requiring urgent action
Supervisory authorities must immediately communicate emergency measures to other concerned authorities, the Board, and the Commission
Emergency provisional measures are limited to 3 months maximum duration
Authorities must provide clear reasons when requesting urgent opinions or decisions
The Board must respond to urgent requests within 2 weeks by simple majority vote
Who. The European Data Protection Board itself - this article defines the Board's own responsibilities and functions rather than imposing obligations on organizations or individuals
Monitor and ensure correct GDPR application across member states
Issue guidelines, recommendations, and best practices for consistent GDPR interpretation
Review and approve binding corporate rules for international data transfers
Accredit and maintain register of certification bodies
Resolve disputes between supervisory authorities through binding decisions
Advise the Commission on data protection matters and proposed regulation amendments
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78
Article 78: Right to an effective judicial remedy against a supervisory authority
Who. Natural and legal persons affected by supervisory authority decisions, data subjects who file complaints, supervisory authorities handling complaints
Member States must ensure courts can review supervisory authority decisions
Supervisory authorities must respond to complaints within three months
Supervisory authorities must forward relevant Board opinions/decisions to courts when their decisions are challenged
Article 79: Right to an effective judicial remedy against a controller or processor
Who. Applies to all data controllers and processors handling personal data of EU data subjects, except public authorities acting in their official capacity (for jurisdiction purposes)
Controllers and processors must be prepared to defend against legal actions from data subjects
Organizations must ensure they can be sued in courts where they have establishments
Organizations must accept jurisdiction in the data subject's place of residence for GDPR violations
This judicial remedy right exists alongside administrative complaints to supervisory authorities
Who. Data controllers, data processors, supervisory authorities, non-profit organizations active in data protection, and Member States establishing representation frameworks
Allow data subjects to mandate qualified non-profit organizations to exercise their GDPR rights
Recognize properly constituted organizations with public interest objectives in data protection
Enable representation for lodging complaints with supervisory authorities
Enable representation for judicial remedies and compensation claims where national law permits
Member States may allow organizations to act independently without individual mandates
Who. Member States (national governments) who must create legislation, and organizations engaged in journalistic, academic, artistic, or literary expression who may benefit from exemptions
Member States must create national laws reconciling data protection with freedom of expression
Member States must provide exemptions/derogations from most GDPR chapters for journalistic, academic, artistic, or literary purposes
Member States must notify the European Commission of their adopted provisions and any subsequent amendments
Article 86: Processing and public access to official documents
Who. Public authorities, public bodies, and private bodies performing tasks in the public interest that hold official documents containing personal data
Public authorities must have legal basis under EU or national law to disclose personal data in official documents
Disclosure must reconcile public access rights with data protection requirements
Organizations must comply with applicable Union or Member State transparency laws while respecting GDPR
Article 87: Processing of the national identification number
Who. Member States creating employment data protection laws, employers processing employee personal data, and collective agreement parties
Member States must include suitable and specific measures to safeguard employee human dignity and fundamental rights
Rules must address transparency of processing
Rules must cover transfer of personal data within groups of undertakings
Rules must address workplace monitoring systems
Member States must notify the Commission of their employment data protection laws by May 25, 2018
Member States must notify the Commission of any subsequent amendments to these laws
Article 89: Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
Who. Controllers or processors subject to professional secrecy obligations under EU or Member State law (such as lawyers, doctors, accountants, and other regulated professions)
Member States must ensure any secrecy rules are necessary and proportionate
Rules must specifically reconcile data protection rights with professional secrecy obligations
Member States must notify the European Commission of any rules adopted under this article
Member States must notify the Commission of any subsequent amendments without delay
Article 91: Existing data protection rules of churches and religious associations
Who. Churches, religious associations, religious communities, and other religious organizations in EU Member States that had comprehensive data protection rules before GDPR took effect
Bring existing comprehensive data protection rules in line with GDPR requirements
Submit to supervision by an independent supervisory authority
Ensure the supervisory authority meets Chapter VI conditions if using a specific religious authority
Who. The European Commission (reporting obligation), with indirect involvement of Member States and supervisory authorities who may be asked to provide information
Commission must submit evaluation reports to European Parliament and Council by May 25, 2020 and every four years thereafter
Reports must be made publicly available
Commission must examine application of international data transfers (Chapter V)
Commission must examine cooperation and consistency mechanisms (Chapter VII)
Commission may request information from Member States and supervisory authorities
Commission must consider feedback from European Parliament, Council, and other relevant bodies
Who. All data controllers and processors handling EU residents' personal data, regardless of location
All GDPR requirements became mandatory on May 25, 2018
No transitional period after the application date
Organizations must have been fully compliant by May 25, 2018
Article 32
Security of processing
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing, as well as the risk to the rights and freedoms of natural persons, the controller and the processor implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk (Art. 32(1)).
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