- Art. 5Principles relating to processing of personal data
- Art. 6Lawfulness of processing
- Art. 7Conditions for consent
- Art. 8Conditions applicable to child's consent in relation to information society services
- Art. 9Processing of special categories of personal data
- Art. 10Processing of personal data relating to criminal convictions and offences
- Art. 11Processing which does not require identification
- Art. 12Transparent information, communication and modalities for the exercise of the rights of the data subject
- Art. 13Information to be provided where personal data are collected from the data subject
- Art. 14Information to be provided where personal data have not been obtained from the data subject
- Art. 15Right of access by the data subject
- Art. 16Right to rectification
- Art. 17Right to erasure ("right to be forgotten")
- Art. 18Right to restriction of processing
- Art. 19Notification obligation regarding rectification or erasure of personal data or restriction of processing
- Art. 20Right to data portability
- Art. 21Right to object
- Art. 22Automated individual decision-making, including profiling
- Art. 23Restrictions
- Art. 24Responsibility of the controller
- Art. 25Data protection by design and by default
- Art. 26Joint controllers
- Art. 27Representatives of controllers or processors not established in the Union
- Art. 28Processor
- Art. 29Processing under the authority of the controller or processor
- Art. 30Records of processing activities
- Art. 31Cooperation with the supervisory authority
- Art. 32Security of processing
- Art. 33Notification of a personal data breach to the supervisory authority
- Art. 34Communication of a personal data breach to the data subject
- Art. 35Data protection impact assessment
- Art. 36Prior consultation
- Art. 37Designation of the data protection officer
- Art. 38Position of the data protection officer
- Art. 39Tasks of the data protection officer
- Art. 40Codes of conduct
- Art. 41Monitoring of approved codes of conduct
- Art. 42Certification
- Art. 43Certification bodies
- Art. 44General principle for transfers
- Art. 45Transfers on the basis of an adequacy decision
- Art. 46Transfers subject to appropriate safeguards
- Art. 47Binding corporate rules
- Art. 48Transfers or disclosures not authorised by Union law
- Art. 49Derogations for specific situations
- Art. 50International cooperation for the protection of personal data
- Art. 51Supervisory authority
- Art. 52Independence
- Art. 53General conditions for the members of the supervisory authority
- Art. 54Rules on the establishment of the supervisory authority
- Art. 55Competence
- Art. 56Competence of the lead supervisory authority
- Art. 57Tasks
- Art. 58Powers
- Art. 59Activity reports
- Art. 60Cooperation between the lead supervisory authority and the other supervisory authorities concerned
- Art. 61Mutual assistance
- Art. 62Joint operations of supervisory authorities
- Art. 63Consistency mechanism
- Art. 64Opinion of the Board
- Art. 65Dispute resolution by the Board
- Art. 66Urgency procedure
- Art. 67Exchange of information
- Art. 68European Data Protection Board
- Art. 69Independence
- Art. 70Tasks of the Board
- Art. 71Reports
- Art. 72Procedure
- Art. 73Chair
- Art. 74Tasks of the Chair
- Art. 75Secretariat
- Art. 76Confidentiality
- Art. 77Right to lodge a complaint with a supervisory authority
- Art. 78Right to an effective judicial remedy against a supervisory authority
- Art. 79Right to an effective judicial remedy against a controller or processor
- Art. 80Representation of data subjects
- Art. 81Suspension of proceedings
- Art. 82Right to compensation and liability
- Art. 83General conditions for imposing administrative fines
- Art. 84Penalties
- Art. 85Processing and freedom of expression and information
- Art. 86Processing and public access to official documents
- Art. 87Processing of the national identification number
- Art. 88Processing in the context of employment
- Art. 89Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
- Art. 90Obligations of secrecy
- Art. 91Existing data protection rules of churches and religious associations
GDPR Chapter 3 - Art. 23
Restrictions
- Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:
- national security;
- defence;
- public security;
- the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
- other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation a matters, public health and social security;
- the protection of judicial independence and judicial proceedings;
- the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
- a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g);
- the protection of the data subject or the rights and freedoms of others;
- the enforcement of civil law claims.
- In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to:
- the purposes of the processing or categories of processing;
- the categories of personal data;
- the scope of the restrictions introduced;
- the safeguards to prevent abuse or unlawful access or transfer;
- the specification of the controller or categories of controllers;
- the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;
- the risks to the rights and freedoms of data subjects; and
- the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.
