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.

99 articles with obligations
536 obligations listed
11 chapters

Chapter I · Art. 1 to 4

General Provisions

Article 1: Subject-matter and objectives

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Who. All organizations processing personal data of natural persons within the EU

  • Organizations must follow GDPR rules when processing personal data of natural persons
  • Respect fundamental rights and freedoms regarding personal data protection
  • Ensure free movement of personal data within the EU is not restricted

Article 2: Material scope

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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)

Article 3: Territorial scope

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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

Article 4: Definitions

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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

and 2 more in the full text

Chapter II · Art. 5 to 11

Principles

Article 5: Principles relating to processing of personal data

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Who. Data controllers (organizations that determine the purposes and means of processing personal data)

  • Process personal data lawfully, fairly and transparently
  • Collect data only for specified, explicit and legitimate purposes
  • Limit data collection to what is necessary (data minimization)
  • Keep personal data accurate and up-to-date
  • Delete or anonymize data when no longer needed for stated purposes
  • Implement appropriate security measures to protect data

and 1 more in the full text

Article 6: Lawfulness of processing

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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

and 1 more in the full text

Article 7: Conditions for consent

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Who. Data controllers (any organization that determines the purposes and means of processing personal data)

  • Maintain documented proof that consent was obtained from data subjects
  • Present consent requests clearly and separately from other terms/matters
  • Use clear, plain language that is intelligible and easily accessible
  • Enable withdrawal of consent at any time through an equally simple process
  • Inform users about their right to withdraw consent before they give it
  • Ensure consent is freely given without making services conditional on unnecessary data processing

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

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Who. Controllers offering information society services (online services, apps, websites) directly to children

  • Obtain parental consent for processing data of children under 16 (or lower age if set by Member State, minimum 13)
  • Make reasonable efforts to verify parental consent using available technology
  • Ensure processing is lawful only with valid parental authorization for children below the age threshold
  • Comply with any Member State specific age requirements between 13-16 years

Article 9: Processing of special categories of personal data

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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

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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

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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

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Who. Data controllers (any organization that determines how and why personal data is processed)

  • Provide all GDPR information in concise, transparent, and easily accessible form using clear language
  • Respond to data subject requests within one month (extendable by 2 months for complex cases)
  • Facilitate the exercise of data subject rights under Articles 15-22
  • Provide information free of charge unless requests are manifestly unfounded or excessive
  • Allow oral information provision when requested if identity can be verified
  • Use electronic means for responses when requests are made electronically

and 2 more in the full text

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

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Who. Data controllers collecting personal data directly from data subjects (individuals)

  • Provide controller identity and contact details at time of data collection
  • Disclose the purposes and legal basis for data processing
  • Specify data retention period or criteria for determining it
  • Inform about data subject rights (access, rectification, erasure, objection, portability)
  • Explain right to withdraw consent when processing is based on consent
  • Disclose recipients or categories of recipients of personal data

and 5 more in the full text

Article 14: Information to be provided where personal data have not been obtained from the data subject

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Who. Data controllers who obtain personal data from sources other than the data subject directly (third-party data collection)

  • Provide identity and contact details of the controller and data protection officer
  • Explain the purposes and legal basis for processing the data
  • Specify categories of personal data and their sources
  • List recipients or categories of recipients of the data
  • Inform about data retention periods or criteria for determining them
  • Notify about data subject rights (access, rectification, erasure, objection, portability)

and 4 more in the full text

Article 15: Right of access by the data subject

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Who. Data controllers (any organization that determines the purposes and means of processing personal data)

  • Confirm whether personal data is being processed when requested
  • Provide access to the personal data being processed
  • Disclose the purposes of processing
  • Identify recipients or categories of recipients of the data
  • Specify data retention periods or criteria for determining retention
  • Inform about data subject rights (rectification, erasure, restriction, objection)

and 6 more in the full text

Article 16: Right to rectification

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Who. All data controllers processing personal data of EU residents under GDPR

  • Must rectify inaccurate personal data without undue delay upon request
  • Must allow data subjects to complete incomplete personal data
  • Must accept supplementary statements to complete data records
  • Must have processes in place to handle rectification requests promptly

Article 17: Right to erasure (‘right to be forgotten’)

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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

and 1 more in the full text

Article 18: Right to restriction of processing

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Who. Data controllers who process personal data and data subjects exercising their rights

  • Controllers must restrict processing when data accuracy is contested
  • Controllers must restrict processing when data subject opposes erasure of unlawfully processed data
  • Controllers must retain data when needed by data subject for legal claims
  • Controllers must restrict processing during pending objection verification
  • Controllers can only store (not process) restricted data without consent
  • Controllers must inform data subjects before lifting processing restrictions

Article 19: Notification obligation regarding rectification or erasure of personal data or restriction of processing

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Who. Data controllers who have disclosed personal data to third parties

  • Notify all recipients when personal data is rectified (corrected)
  • Notify all recipients when personal data is erased (deleted)
  • Notify all recipients when processing is restricted
  • Maintain records of who received the data to enable notifications
  • Inform data subjects about recipients upon request

Article 20: Right to data portability

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Who. Data controllers processing personal data based on consent or contract using automated means

  • Provide personal data in structured, commonly used, machine-readable format upon request
  • Allow data transfer to another controller without hindrance
  • Enable direct transmission between controllers where technically feasible
  • Only applies to data the person provided themselves
  • Only applies when processing is based on consent or contract and done by automated means

Article 21: Right to object

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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

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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

Article 23: Restrictions

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Who. Member State legislators creating laws that restrict GDPR rights, and data controllers/processors operating under such restrictive laws

  • Restrictions must be implemented through legislative measures, not ad-hoc decisions
  • Restrictions must respect the essence of fundamental rights and freedoms
  • Restrictions must be necessary and proportionate in a democratic society
  • Legislative measures must specify purposes, data categories, scope, and safeguards
  • Must include provisions to prevent abuse or unlawful access/transfer
  • Must specify storage periods and applicable safeguards

and 2 more in the full text

Chapter IV · Art. 24 to 43

Controller and Processor

Article 24: Responsibility of the controller

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Who. Data controllers (organizations that determine the purposes and means of processing personal data)

  • Implement appropriate technical and organizational measures for data protection
  • Ensure processing complies with GDPR requirements
  • Demonstrate compliance when requested
  • Review and update data protection measures regularly
  • Implement data protection policies proportionate to processing activities
  • Consider using approved codes of conduct or certification mechanisms

Article 25: Data protection by design and by default

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Who. Data controllers (organizations that determine how and why personal data is processed)

  • Implement technical and organizational measures during system design phase
  • Build in data protection principles like data minimization from the start
  • Use techniques like pseudonymization to protect personal data
  • Ensure only necessary data is processed for each specific purpose by default
  • Limit data collection to what's strictly necessary
  • Restrict access to personal data - not accessible to unlimited people without user intervention

and 2 more in the full text

Article 26: Joint controllers

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Who. Organizations that jointly determine the purposes and means of personal data processing

  • Determine respective responsibilities for GDPR compliance through a formal arrangement
  • Clearly define duties for providing privacy notices (Articles 13 and 14)
  • Establish responsibilities for handling data subject rights requests
  • Make the essence of the arrangement available to data subjects
  • Ensure the arrangement reflects actual roles and relationships with data subjects
  • Designate a contact point for data subjects (optional)

Article 27: Representatives of controllers or processors not established in the Union

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Who. Non-EU controllers or processors who offer goods/services to EU residents or monitor their behavior (Article 3(2) situations)

  • Designate a representative in writing when operating from outside the EU but processing EU data
  • Establish the representative in an EU Member State where your data subjects are located
  • Mandate the representative to handle all GDPR compliance communications
  • Ensure the representative can be contacted by supervisory authorities and data subjects
  • Note: Small-scale occasional processing and public authorities are exempt

Article 28: Processor

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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

and 4 more in the full text

Article 29: Processing under the authority of the controller or processor

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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

Article 30: Records of processing activities

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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

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Who. Data controllers, data processors, and their designated representatives (where applicable)

  • Cooperate with supervisory authority requests
  • Provide requested information and assistance
  • Ensure representatives (if appointed) also cooperate
  • Respond to supervisory authority inquiries in performance of their tasks

Article 32: Security of processing

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Who. Data controllers and data processors handling personal data

  • Implement technical and organizational security measures appropriate to the risk
  • Consider pseudonymization and encryption of personal data
  • Ensure ongoing confidentiality, integrity, availability and resilience of systems
  • Maintain ability to restore data access after incidents
  • Regularly test and evaluate security measures effectiveness
  • Assess risks of data destruction, loss, alteration or unauthorized access

and 1 more in the full text

Article 33: Notification of a personal data breach to the supervisory authority

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Who. Data controllers and processors handling personal data under GDPR jurisdiction

  • Controllers must notify supervisory authority within 72 hours of breach awareness
  • Provide reasons if notification is delayed beyond 72 hours
  • Processors must notify controllers without undue delay
  • Include breach nature, affected data subjects, contact details, consequences, and mitigation measures
  • Document all breaches including facts, effects, and remedial actions
  • Maintain documentation for supervisory authority verification

Article 34: Communication of a personal data breach to the data subject

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Who. Data controllers (organizations that determine how personal data is processed)

  • Notify affected individuals without undue delay when breach poses high risk
  • Use clear and plain language in breach notifications
  • Include nature of breach, contact details, likely consequences, and mitigation measures
  • Implement encryption or similar protective measures for sensitive data
  • Make public announcements when individual notification would require disproportionate effort

Article 35: Data protection impact assessment

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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

and 1 more in the full text

Article 36: Prior consultation

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Who. General applicability

  • 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

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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

and 1 more in the full text

Article 38: Position of the data protection officer

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Who. Data controllers and processors who have appointed a Data Protection Officer

  • Involve the DPO properly and timely in all data protection matters
  • Provide necessary resources and access to personal data and processing operations
  • Ensure DPO receives no instructions on how to perform their tasks
  • Prohibit dismissal or penalties for performing DPO duties
  • Ensure DPO reports directly to highest management level
  • Allow data subjects to contact the DPO directly

and 2 more in the full text

Article 39: Tasks of the data protection officer

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Who. Organizations that have appointed a Data Protection Officer (controllers and processors required or choosing to have a DPO)

  • Inform and advise the organization and employees about their data protection obligations
  • Monitor compliance with GDPR and other data protection laws
  • Monitor internal data protection policies and procedures
  • Organize awareness-raising activities and staff training on data protection
  • Conduct or oversee data protection audits
  • Provide advice on Data Protection Impact Assessments (DPIAs) when requested

and 4 more in the full text

Article 40: Codes of conduct

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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

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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

and 1 more in the full text

Article 42: Certification

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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

Article 43: Certification bodies

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Who. Certification bodies that issue GDPR compliance certificates, supervisory authorities that accredit them, and indirectly controllers/processors seeking certification

  • Certification bodies must demonstrate independence and expertise in data protection
  • Must inform supervisory authority before issuing certificates
  • Must be accredited by either the supervisory authority or national accreditation body
  • Must establish procedures for issuing, reviewing, and withdrawing certifications
  • Must handle complaints about certification breaches transparently
  • Must provide reasons to supervisory authorities for granting or withdrawing certification

and 2 more in the full text

Chapter V · Art. 44 to 50

Transfers to Third Countries

Article 44: General principle for transfers

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Who. Data controllers and processors transferring personal data to third countries (non-EU) or international organizations

  • Comply with all conditions in Chapter V before any international data transfer
  • Ensure GDPR-level protection continues after transfer
  • Apply transfer rules to any onward transfers (when data moves from one third country to another)
  • Both controllers and processors must comply with transfer requirements

Article 45: Transfers on the basis of an adequacy decision

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Who. Data controllers and processors transferring personal data outside the EU to third countries or international organizations

  • Organizations may transfer personal data to Commission-approved countries without specific authorization
  • Must monitor Commission decisions and official lists of approved countries
  • Must cease transfers if adequacy decision is revoked or suspended
  • Alternative transfer mechanisms (Articles 46-49) remain available even if adequacy is revoked

Article 46: Transfers subject to appropriate safeguards

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Who. Data controllers and processors transferring personal data to third countries or international organizations without an adequacy decision

  • Provide appropriate safeguards before any data transfer to non-EU countries
  • Ensure enforceable data subject rights remain available after transfer
  • Ensure effective legal remedies remain available for data subjects
  • Use one of the approved safeguard mechanisms (SCCs, BCRs, codes of conduct, certifications)
  • Obtain supervisory authority authorization for custom contractual clauses or administrative arrangements
  • Apply consistency mechanism when using custom safeguards requiring authorization

Article 47: Binding corporate rules

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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

and 6 more in the full text

Article 48: Transfers or disclosures not authorised by Union law

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Who. All data controllers and processors handling EU personal data who receive requests from non-EU courts or authorities

  • Do not transfer personal data based solely on foreign court orders or administrative decisions
  • Only comply with foreign data requests if backed by valid international agreements (e.g., mutual legal assistance treaties)
  • Verify that an appropriate international agreement exists before responding to foreign data requests
  • Ensure any data transfer still complies with other GDPR transfer requirements in Chapter V

Article 49: Derogations for specific situations

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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

and 1 more in the full text

Article 50: International cooperation for the protection of personal data

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Who. European Commission and EU supervisory authorities (data protection authorities)

  • Develop international cooperation mechanisms for data protection enforcement
  • Provide mutual assistance to other countries in data protection enforcement
  • Include appropriate safeguards when sharing information internationally
  • Engage stakeholders in international data protection cooperation discussions
  • Exchange and document data protection laws and practices across jurisdictions
  • Address jurisdictional conflicts with non-EU countries

Chapter VI · Art. 51 to 59

Supervisory Authorities

Article 51: Supervisory authority

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Who. EU Member States and their governments responsible for establishing and maintaining supervisory authorities

  • Member States must establish at least one independent supervisory authority
  • Supervisory authorities must monitor GDPR application within their territory
  • Authorities must cooperate with other EU supervisory authorities and the Commission
  • If multiple authorities exist in one state, a lead authority must be designated for EU Board representation
  • Member States must notify the Commission of relevant national laws by May 25, 2018 and any subsequent amendments

Article 52: Independence

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Who. EU Member States and their national data protection supervisory authorities

  • Supervisory authorities must act with complete independence
  • Authority members must remain free from external influence and not take instructions from anyone
  • Authority members must avoid conflicts of interest and incompatible occupations
  • Member States must provide adequate human, technical and financial resources
  • Member States must ensure authorities can choose their own staff
  • Member States must provide separate public budgets while maintaining financial oversight

Article 53: General conditions for the members of the supervisory authority

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Who. EU Member States and their procedures for appointing/managing data protection supervisory authority members

  • Member States must establish transparent appointment procedures for supervisory authority members
  • Appointments must be made by parliament, government, head of state, or an independent body
  • Members must have qualifications, experience and skills in data protection
  • Member States must establish clear rules for ending terms (expiry, resignation, retirement)
  • Dismissal only permitted for serious misconduct or failure to meet requirements

Article 54: Rules on the establishment of the supervisory authority

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Who. EU Member States and their supervisory authority members and staff

  • Establish supervisory authorities through national law
  • Define qualifications and eligibility requirements for authority members
  • Set appointment procedures and rules for authority members
  • Ensure minimum 4-year terms for authority members
  • Establish rules for reappointment eligibility
  • Define obligations, prohibitions, and employment cessation rules

and 1 more in the full text

Article 55: Competence

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Who. All organizations processing personal data within EU Member States, except courts acting in judicial capacity

  • Recognize the territorial jurisdiction of your local supervisory authority
  • Submit to supervision by the appropriate Member State authority
  • Government bodies must work with their national supervisory authority for certain types of processing

Article 56: Competence of the lead supervisory authority

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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

Article 57: Tasks

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Who. National supervisory authorities responsible for data protection enforcement in each EU member state

  • Monitor and enforce GDPR application in their territory
  • Promote public awareness of data protection rights and risks
  • Handle and investigate complaints from data subjects
  • Provide free information and assistance to individuals about their rights
  • Cooperate with other supervisory authorities for consistent enforcement
  • Conduct investigations on GDPR application

and 6 more in the full text

Article 58: Powers

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Who. Data controllers, data processors, and their representatives operating within the scope of GDPR

  • Provide any information requested by supervisory authorities
  • Grant access to all personal data and information when requested
  • Allow access to premises and data processing equipment for inspections
  • Comply with supervisory authority orders to correct violations
  • Communicate data breaches to affected individuals when ordered
  • Implement processing restrictions or bans when required

and 2 more in the full text

Article 59: Activity reports

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Who. Supervisory authorities (national data protection authorities in each EU member state)

  • Draw up an annual report on supervisory activities
  • Include list of types of infringements notified
  • Include types of enforcement measures taken under Article 58(2)
  • Transmit reports to national parliament
  • Transmit reports to government
  • Transmit reports to other designated authorities

and 3 more in the full text

Chapter VII · Art. 60 to 76

Cooperation and Consistency

Article 60: Cooperation between the lead supervisory authority and the other supervisory authorities concerned

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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

and 1 more in the full text

Article 61: Mutual assistance

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Who. EU data protection supervisory authorities in all member states

  • Provide relevant information and mutual assistance to other supervisory authorities
  • Reply to assistance requests within one month maximum
  • Share information only for the stated purpose of the request
  • Provide reasons if refusing an assistance request
  • Use electronic means and standardized formats for information exchange
  • Provide assistance free of charge (no fees for requested actions)

Article 62: Joint operations of supervisory authorities

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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

Article 63: Consistency mechanism

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Who. All EU supervisory authorities (national data protection authorities)

  • Supervisory authorities must cooperate with each other through the consistency mechanism
  • Supervisory authorities must cooperate with the European Commission where relevant
  • Authorities must contribute to consistent GDPR application throughout the EU

Article 64: Opinion of the Board

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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

Article 65: Dispute resolution by the Board

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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

Article 66: Urgency procedure

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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

Article 67: Exchange of information

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Who. National data protection supervisory authorities and the European Data Protection Board

  • Supervisory authorities must use Commission-specified electronic formats for information exchange
  • Supervisory authorities must follow standardized arrangements for communication with other authorities
  • Supervisory authorities must comply with electronic exchange protocols established with the Board

Article 68: European Data Protection Board

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Who. EU Member States, national supervisory authorities, the European Commission, and the European Data Protection Supervisor

  • Each Member State must appoint a supervisory authority head to the Board
  • Member States with multiple supervisory authorities must appoint a joint representative
  • The Board must have a Chair who represents the organization
  • The Board must allow Commission participation in meetings and activities

Article 69: Independence

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Who. The European Data Protection Board and its members when performing their regulatory duties

  • The Board must act independently when performing all tasks under Articles 70 and 71
  • The Board cannot seek instructions from any external party
  • The Board cannot accept or follow instructions from any external party
  • The Board must maintain independence even when responding to Commission requests

Article 70: Tasks of the Board

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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

and 3 more in the full text

Article 71: Reports

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Who. The European Data Protection Board (supervisory authority)

  • Board must draw up an annual report on personal data protection
  • Report must be made publicly available
  • Report must be transmitted to European Parliament, Council, and Commission
  • Report must review practical application of guidelines and recommendations
  • Report must review binding decisions made under Article 65

Article 72: Procedure

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Who. European Data Protection Board members and the Board as an institution

  • Board members must participate in voting processes where decisions are made by simple majority
  • Board must establish and adopt its own rules of procedure
  • Two-thirds majority vote required for adopting internal rules of procedure
  • Board must organize its own operational arrangements

Article 73: Chair

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Who. Members of the European Data Protection Board

  • Board members must participate in the election process for chair and deputy chairs
  • Elections must be conducted by simple majority
  • Term limits must be respected (maximum two 5-year terms)

Article 74: Tasks of the Chair

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Who. The Chair of the European Data Protection Board and the Board itself as an institution

  • Convene Board meetings and prepare meeting agendas
  • Notify lead and concerned supervisory authorities of Board decisions under Article 65
  • Ensure timely performance of Board tasks, especially consistency mechanism operations
  • Establish and follow procedures for task allocation between Chair and deputy chairs

Article 75: Secretariat

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Who. European Data Protection Board, European Data Protection Supervisor, and their respective staff members

  • European Data Protection Supervisor must provide secretariat services to the Board
  • Secretariat staff must work exclusively under the Board Chair's instructions
  • Separate reporting lines must be maintained between Board and Supervisor staff
  • Secretariat must handle all Board communications, translations, and meeting logistics
  • Secretariat must prepare and publish Board opinions, decisions, and other documents

Article 76: Confidentiality

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Who. The European Data Protection Board, its members, experts, and third-party representatives involved in Board proceedings

  • Board must maintain confidentiality when deemed necessary according to its rules
  • Must follow EU Regulation 1049/2001 for document access requests
  • Must balance transparency with confidentiality requirements

Chapter VIII · Art. 77 to 84

Remedies and Penalties

Article 77: Right to lodge a complaint with a supervisory authority

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Who. General applicability

  • 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

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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

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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

Article 80: Representation of data subjects

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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

Article 81: Suspension of proceedings

Full text →

Who. Competent courts in EU Member States handling GDPR-related legal proceedings

  • Courts must contact other EU courts to verify if parallel proceedings exist for the same GDPR matter
  • Courts that are not first to receive the case must suspend their proceedings
  • Courts may decline jurisdiction in favor of the first court if conditions are met

Article 82: Right to compensation and liability

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Who. All data controllers and processors handling personal data under GDPR jurisdiction

  • Pay compensation to individuals who suffer material or non-material damage from GDPR violations
  • Controllers are liable for any GDPR-infringing processing they're involved in
  • Processors are liable when they fail to comply with processor-specific GDPR obligations or act outside controller instructions
  • When multiple parties are responsible, each must ensure full compensation to the victim (joint and several liability)
  • After paying full compensation, organizations can seek reimbursement from other responsible parties

Article 83: General conditions for imposing administrative fines

Full text →

Who. Supervisory authorities imposing fines, and all controllers and processors who may be subject to administrative fines for GDPR violations

  • Ensure fines are effective, proportionate and dissuasive
  • Consider 11 specific factors when determining fine amounts including nature of infringement, intent, mitigation efforts, and cooperation
  • Apply graduated penalty tiers based on violation severity
  • Not exceed maximum fine amounts for linked violations
  • Provide procedural safeguards and judicial remedy options

Article 84: Penalties

Full text →

Who. Member States of the European Union (national governments and their legislative bodies)

  • Member States must establish rules on penalties for GDPR infringements not covered by Article 83 fines
  • Member States must implement measures to ensure penalties are enforced
  • Member States must notify the Commission of their penalty provisions by May 25, 2018
  • Member States must notify the Commission of any subsequent amendments to penalty laws without delay

Chapter IX · Art. 85 to 91

Specific Processing

Article 85: Processing and freedom of expression and information

Full text →

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

Full text →

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

Full text →

Who. Any organization or entity processing national identification numbers or general identifiers within EU member states

  • Use national ID numbers only in compliance with member state-specific conditions
  • Implement appropriate safeguards when processing national identification numbers
  • Ensure protection of data subject rights and freedoms when using general identifiers
  • Follow both GDPR requirements and national regulations for ID number processing

Article 88: Processing in the context of employment

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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

Full text →

Who. Organizations conducting scientific or historical research, statistical analysis, or archiving for public interest purposes

  • Implement appropriate technical and organizational safeguards for data subjects' rights
  • Ensure data minimization principle is respected
  • Use pseudonymization when purposes can be achieved with it
  • Avoid identifying data subjects when purposes can be fulfilled without identification
  • Apply derogations only to the specific research/archiving/statistical purposes

Article 90: Obligations of secrecy

Full text →

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

Full text →

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

Chapter X · Art. 92 to 93

Delegated and Implementing Acts

Article 92: Exercise of the delegation

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Who. European Commission when exercising delegated powers, European Parliament and Council when reviewing delegated acts

  • Commission must notify both European Parliament and Council when adopting delegated acts
  • Commission must wait 3 months before delegated acts enter into force to allow for objections
  • Commission can only exercise delegated powers for Article 12(8) and Article 43(8) specifically

Article 93: Committee procedure

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Who. European Commission and the GDPR implementation committee only - does not directly affect businesses or data controllers

  • European Commission must consult with the established committee before adopting implementing acts
  • Committee must follow EU Regulation 182/2011 procedures when advising on GDPR implementation

Chapter XI · Art. 94 to 99

Final Provisions

Article 94: Repeal of Directive 95/46/EC

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Who. All organizations, legal entities, and regulatory bodies that previously operated under or referenced Directive 95/46/EC

  • Treat all references to Directive 95/46/EC as references to the GDPR after May 25, 2018
  • Recognize the European Data Protection Board as the successor to the Article 29 Working Party
  • Update any legal documentation or policies that reference the old directive

Article 95: Relationship with Directive 2002/58/EC

Full text →

Who. Electronic communications service providers operating in public networks (telecom companies, ISPs, messaging services)

  • No additional GDPR obligations for matters already covered by ePrivacy Directive 2002/58/EC
  • Must still comply with ePrivacy Directive for electronic communications services

Article 96: Relationship with previously concluded Agreements

Full text →

Who. Member States with pre-GDPR international data transfer agreements, and organizations relying on such agreements for international data transfers

  • Member States must ensure pre-GDPR international agreements comply with pre-GDPR Union law
  • Organizations relying on pre-2016 agreements must verify they remain valid and unmodified
  • Any amendments to pre-existing agreements must comply with current GDPR requirements

Article 97: Commission reports

Full text →

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

and 1 more in the full text

Article 98: Review of other Union legal acts on data protection

Full text →

Who. European Commission (primary responsibility) and indirectly all EU institutions, bodies, offices and agencies that process personal data

  • Commission must review other EU data protection laws for consistency with GDPR
  • Commission must submit legislative proposals to align other EU laws with GDPR standards
  • Ensure uniform protection standards across all EU institutions, bodies, offices and agencies
  • Harmonize rules for data processing and free movement of data within EU institutions

Article 99: Entry into force and application

Full text →

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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