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Showing posts with the label EEA

Why is there no article about transmission of data to EU controllers in the GDPR?

There is an article, number 9, in the data protection regulation for EU institutions (Regulation (EU) 2018/1725, called EUDPR). The transmission to other EU institutions or to another controller within the same institution is, however, only subject to recital 21. In the GDPR , even the recitals do not mention transmission of personal data to other European organisations. Of course, the use of processors is regulated in both acts, but not the transmission to another controller. It can be concluded that the transmission to entities under the same legislation is not covered while transmission from EU institutions to entities under a regulation which has a wider scope, is. The reason is clear: protection by the EUDPR is intended to be stricter. For example, EU institutions are not allowed to process data based on legitimate interest. Therefore transmission to another controller, who may process data based on legal bases unavailable for EU institutions, is restricted to cases where the sam...

Scope and main features

The new General Data Protection  Regulation - as opposed to its predecessor, the Data Protection Directive ( Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ), which is actually in force till the 24th May 2018, has to be applied not only by companies and other organisation in the European Union but also by a controller or a processor not established in the Union processing of personal data of data subjects who are in the Union. Recital 23 explains a little more: The mere accessibility of a website in the Union, of an email address or of other contact details, or the use of a language generally used in the third country where the controller is established, is insufficient to ascertain such intention, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ord...