Natural Persons
One who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or soc...
GDPR
Natural Persons - Answer One who can be identified, directly or indirectly, in particular
by reference to an identifier such as a name, an identification number, location data, an
online identifier or to one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of that natural person.
Data Subject - Answer Identified or identifiable natural person.
Personal Data - Answer Any information relating to an identified or identifiable natural
person ('data subject'); an identifiable natural person is one who can be identified,
directly or indirectly, in particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to one or more factors specific
to the physical, physiological, genetic, mental, economic, cultural or social identity of
that natural person;
Processing - Answer Any operation or set of operations which is performed on personal
data or on sets of personal data, whether or not by automated means, such as
collection, recording, organisation, structuring, storage, adaptation or alteration,
retrieval, consultation, use, disclosure by transmission, dissemination or otherwise
making available, alignment or combination, restriction, erasure or destruction;
Controller - Answer The natural or legal person, public authority, agency or other body
which, alone or jointly with others, determines the purposes and means of the
processing of personal data; where the purposes and means of such processing are
determined by Union or Member State law, the controller or the specific criteria for its
nomination may be provided for by Union or Member State law;
Processor - Answer A natural or legal person, public authority, agency or other body
which processes personal data on behalf of the controller;
Recipient - Answer A natural or legal person, public authority, agency or another body,
to which the personal data are disclosed, whether a third party or not. However, public
authorities which may receive personal data in the framework of a particular inquiry in
accordance with Union or Member State law shall not be regarded as recipients; the
processing of those data by those public authorities shall be in compliance with the
applicable data protection rules according to the purposes of the processing;
Third Party - Answer A natural or legal person, public authority, agency or body other
than the data subject, controller, processor and persons who, under the direct authority
of the controller or processor, are authorised to process personal data;
Consent - Answer of the data subject means any freely given, specific, informed and
unambiguous indication of the data subject's wishes by which he or she, by a statement
,or by a clear affirmative action, signifies agreement to the processing of personal data
relating to him or her.
Article 2: Material Scope - Answer IN:
- Personal data the is processed wholly or partly by automated means.
- Personal data that is part of a filing system, or intended to be.
OUT:
- Personal data used in the course of an activity outside of EU law.
-Personal data used in border checks, asylum and immigration status.
- Personal data used in relation to a purely personal activity.
- Personal data used for the purpose of crime prevention, etc.
Territorial Scope - Answer - The Regulation applies to controllers and processors in the
EU irrespective of where processing takes place.
- It applies to processing activities that are related to goods or services, irrespective of
whether payment is required and the monitoring of data subjects' behaviour within the
EU.
Article 77: Right to lodge a complaint with a supervisory authority - Answer - Every data
subject has the right to launch a complaint with a supervisory authority.
- The supervisory authority shall inform the complainant of progress, including the
possibility of judicial remedy.
Article 78: Right to an effective judicial remedy against a supervisory authority - Answer
- Right to judicial remedy against a legally binding decision.
- Right to a judicial remedy where the supervisory authority does not handle a complaint
or does not inform data subject of progress or outcome.
- Judicial remedy shall be brought before the courts of the Member State where the
supervisory authority is established.
Article 79: Right to an effective judicial remedy against a controller or processor -
Answer - Right to judicial remedy where their rights have been infringed as a result of
the processing of personal data.
- Proceedings shall be brought before the courts of the Member State where the
controller or processor has an establishment.
Article 82: Right to compensation and liability - Answer - Any person who has suffered
material or non-material damage shall have the right to receive compensation from the
controller or processor.
, - The controller shall be liable only for damage cause by processing or where it has
acted contrary to lawful instructions of the controller.
- The processor is liable only for damage cause by processing.
- Joint and several liability to ensure effective compensation.
- Compensation clawback provision.
Article 83: General conditions for imposing administrative fines - Answer - Imposition of
administrative fines will in each case be effective, proportionate and dissuasive.
- Must take account of:
> the nature, gravity and duration of the infringement;
> the intentional or negligent character of the infringement;
> any action taken by the controller or processor to mitigate the damage suffered by
data
> the degree of responsibility of the controller or processor taking into account technical
and organisational
> any relevant previous infringements
> the degree of cooperation
> the categories of personal data affected by the infringment
> the manner in which the infringement became known
> where corrective powers have previously been ordered against the controller or
processor
> adherence to approved codes of conduct or approved certification mechanisms
> and any other aggravating or mitigating factors
Administrative Fines - Answer Tier 1: 10 million EUR, or 2% of annual turnover,
whichever is greater.
Tier 2: 20 million EUR, or 4% of annual turnover, whichever is greater.
8th April 2016 - Answer The Council adopted the Regulation.
14th April 2016 - Answer The Regulation was adopted by European Parliament.
4th May 2016 - Answer The Official text of the Regulation was published in the EU
Official Journal in all official languages.
24th May 2016 - Answer The Regulation entered into force.
25th May 2018 - Answer GDPR went live and applies in all EU Member States.
Articles 1 - 4 Summary - Answer Degree of change: Medium
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