General Data Protection Regulation

GDPR - Pocket Edition

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT

AND OF THE COUNCIL

of 27 April 2016

on the protection of natural persons with regard

to the processing of personal data and on the free movement of such

data, and repealing Directive 95/46/EC

(General Data Protection Regulation)(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in

particular Article 16 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to theopinionof the EuropeanEconomic andSocial Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

(1) The protection of natural persons in relation to the processing of

personal data is a fundamental right. Article 8(1) of the Charter of

Fundamental Rights of the European Union (the ‘Charter’) and Article

16(1) of the Treaty on the Functioning of the European Union (TFEU)

provide that everyone has the right to the protection of personal data

concerning him or her.

(2) The principles of, and rules on the protection of natural persons with

regard to the processing of their personal data should, whatever

their nationality or residence, respect their fundamental rights and

freedoms, inparticular their right to the protection of personal data.This

Regulation is intended to contribute to the accomplishment of an area

of freedom, security and justice and of an economic union, to economic

and social progress, to the strengthening and the convergence of the

economies within the internal market, and to the well-being of natural

persons.

(3) Directive 95/46/EC of the European Parliament and of the

Council (4) seeks to harmonise the protection of fundamental rights

and freedoms of natural persons in respect of processing activities and

to ensure the free flow of personal data between Member States.

(4) The processing of personal data should be designed to serve mankind.

The right to the protection of personal data is not an absolute right;

it must be considered in relation to its function in society and be

balanced against other fundamental rights, in accordance with the

principle of proportionality. This Regulation respects all fundamental

rights and observes the freedoms and principles recognised in the

Charter as enshrined in the Treaties, in particular the respect for

private and family life, home and communications, the protection of

personal data, freedom of thought, conscience and religion, freedom

of expression and information, freedom to conduct a business, the