Draft Article 44A General principles for transfers

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Regulation 2016/679/EU - General Data Protection Regulation (UK GDPR) (Assimilated Law)Recitals Chapter I General provisions (arts. 1-4 and draft art. 4A)Article 1 Subject-matter and objectives Article 2 Material scope Article 3 Territorial scope Article 4 Definitions Draft Article 4A Periods of time Chapter II Principles (arts. 5-11 and draft art. 11A)Article 5 Principles relating to processing of personal data Article 6 Lawfulness of processing Article 7 Conditions for consent Article 8 Conditions applicable to child's consent in relation to information society services Draft Article 8A Purpose limitation: further processing Article 9 Processing of special categories of personal data Article 10 Processing of personal data relating to criminal convictions and offences Article 11 Processing which does not require identification Draft Article 11A Further provision about processing of special categories of personal data Chapter III Rights of the data subject (arts. 12-23)Section 1 Transparency and modalities (art. 12 and draft art. 12A)Article 12 Transparent information, communication and modalities for the exercise of the rights of the data subject Draft Article 12A Meaning of "applicable time period"Section 2 Information and access to personal data (arts. 13-15)Article 13 Information to be provided where personal data are collected from the data subject Article 14 Information to be provided where personal data have not been obtained from the data subject Article 15 Right of access by the data subject Section 3 Rectification and erasure (arts. 16-20)Article 16 Right to rectification Article 17 Right to erasure ('right to be forgotten')Article 18 Right to restriction of processing Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing Article 20 Right to data portability Section 4 Right to object and automated individual decision-making (art. 21)Article 21 Right to object Draft Section 4A Automated individual decision-making (arts. 22A-22D)Article 22 Automated individual decision-making, including profiling Draft Article 22B Restrictions on automated decision-making Draft Article 22C Safeguards for automated decision-making Draft Article 22D Further provision about automated decision-making Section 5 Restrictions (art. 23)Article 23 Restrictions Chapter IV Controller and processor (arts. 24-43)Section 1 General obligations (arts. 24-31)Article 24 Responsibility of the controller Article 25 Data protection by design and by default Article 26 Joint controllers Article 27 Representatives of controllers or processors not established in the United Kingdom Article 28 Processor Article 29 Processing under the authority of the controller or processor Article 30 Records of processing activities Article 31 Cooperation with the Commissioner Section 2 Security of personal data (arts. 32-34)Article 32 Security of processing Article 33 Notification of a personal data breach to the Commissioner Article 34 Communication of a personal data breach to the data subject Section 3 Data protection impact assessment and prior consultation (arts. 35-36)Article 35 Data protection impact assessment Article 36 Prior consultation Section 4 Data protection officer (arts. 37-39)Article 37 Designation of the data protection officer Article 38 Position of the data protection officer Article 39 Tasks of the data protection officer Section 5 Codes of conduct and certification (arts. 40-43)Article 40 Codes of conduct Article 41 Monitoring of approved codes of conduct Article 42 Certification Article 43 Certification bodies Chapter V Transfers of personal data to third countries or international organisations (arts. 44-50)Article 44 General principle for transfers Draft Article 44A General principles for transfers Article 45 Transfers on the basis of an adequacy decision Draft Article 45A Transfers approved by regulations Draft Article 45B The data protection test Draft Article 45C Transfers approved by regulations: monitoring Article 46 Transfers subject to appropriate safeguards Article 47 Binding corporate rules Draft Article 47A Transfers subject to appropriate safeguards: further provision Article 48 Transfers or disclosures not authorised by Union law Article 49 Derogations for specific situations Draft Article 49A Restriction in the public interest Article 50 International cooperation for the protection of personal data Chapter VI The Commissioner (arts. 51-59)Section 1 Independent status (arts. 51-54)Article 51 Monitoring the application of this Regulation Article 52 Independence Article 53 General conditions for the members of the supervisory authority Article 54 Rules on the establishment of the supervisory authority Section 2 Tasks and powers (arts. 55-59)Article 55 Competence Article 56 Competence of the lead supervisory authority Article 57 Tasks Article 58 Powers Article 59 Activity report Chapter VII Cooperation and consistency (arts. 60-76)Section 1 Cooperation (arts. 60-62)Article 60 Cooperation between the lead supervisory authority and the other supervisory authorities concerned Article 61 Mutual assistance Article 62 Joint operations of supervisory authorities Section 2 Consistency (arts. 63-67)Article 63 Consistency mechanism In order to contribute to the consistent application of this Article 64 Opinion of the Board Article 65 Dispute resolution by the Board Article 66 Urgency procedure Article 67 Exchange of information Section 3 European data protection board (arts. 68-76)Article 68 European Data Protection Board Article 69 Independence Article 70 Tasks of the Board Article 71 Reports Article 72 Procedure Article 73 Chair Article 74 Tasks of the Chair Article 75 Secretariat Article 76 Confidentiality Chapter VIII Remedies, liability and penalties (arts. 77-84)Article 77 Right to lodge a complaint with the Commissioner Article 78 Right to an effective judicial remedy against the Commissioner Article 79 Right to an effective judicial remedy against a controller or processor Article 80 Representation of data subjects Article 81 Suspension of proceedings Article 82 Right to compensation and liability Article 83 General conditions for imposing administrative fines Article 84 Penalties Draft Chapter VIIIA Safeguards for processing for research, archiving or statistical purposes (arts. 84A-84D)Draft Article 84A Research, archives and statistics Draft Article 84B Additional requirements when processing for RAS purposes Draft Article 84C Appropriate safeguards Draft Article 84D Appropriate safeguards: further provision Chapter IX Provisions relating to specific processing situations (arts. 85-91)Article 85 Processing and freedom of expression and information Article 86 Processing and public access to official documents Article 86A Processing and national security and defence Article 87 Processing of the national identification number Article 88 Processing in the context of employment Article 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes Article 90 Obligations of secrecy Article 91 Existing data protection rules of churches and religious associations Draft Chapter IXA Regulations (art. 91A)Draft Article 91A Regulations made by Secretary of State Chapter X Delegated acts and implementing acts (arts. 92-93)Article 92 Exercise of the delegation Article 93 Committee procedure Chapter XI Final provisions (arts. 94-99)Article 94 Repeal of Directive 95/46/EC Article 95 Relationship with Directive 2002/58/EC Article 96 Relationship with previously concluded agreements Article 97 Commission reports Article 98 Review of other Union legal acts on data protection Article 99 Entry into force and application Draft Annex 1 Lawfulness of processing: recognised legitimate interests Draft Annex 2 Purpose limitation: processing to be treated as compatible with original purpose Done at

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Version status: Draft | Document consolidation status: Assimilated law updated to reflect all known changes

This version draft from: 23 October 2024

Draft Article 44A General principles for transfers

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DRAFT To be inserted Schedule 7 Transfers of personal data to third countries etc: general processing of the Data (Use and Access) Bill [HL] (updated 17 December 2024)

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Draft Article 44A General principles for transfers

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