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 The principles of fair and transparent processing require that the data subject be informed of the existence of the  processing operation and its purposes. The controller should provide the data subject with any further  information necessary to ensure fair and transparent processing taking into account the specific circumstances  and context in which the personal data are processed. Furthermore, the data subject should be informed of the  existence of profiling and the consequences of such profiling. Where the personal data are collected from the  data subject, the data subject should also be informed whether he or she is obliged to provide the personal data  and of the consequences, where he or she does not provide such data. That information may be provided in  combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner, a  meaningful overview of the intended processing. Where the ico...

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 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 right to an effective remedy and to a fair trial, and cultural, religious and linguistic 

diversity. 

(5) The economic and social integration resulting from the functioning of the internal market has led to a substantial 

increase in cross-border flows of personal data. The exchange of personal data between public and private actors, 

including natural persons, associations and undertakings across the Union has increased. National authorities in 

the Member States are being called upon by Union law to cooperate and exchange personal data so as to be able 

to perform their duties or carry out tasks on behalf of an authority in another Member State. 

(6) Rapid technological developments and globalisation have brought new challenges for the protection of personal 

data. The scale of the collection and sharing of personal data has increased significantly. Technology allows both 

private companies and public authorities to make use of personal data on an unprecedented scale in order to 

pursue their activities. Natural persons increasingly make personal information available publicly and globally. 

Technology has transformed both the economy and social life, and should further facilitate the free flow of 

personal data within the Union and the transfer to third countries and international organisations, while ensuring 

a high level of the protection of personal data. 

(7) Those developments require a strong and more coherent data protection framework in the Union, backed by 

strong enforcement, given the importance of creating the trust that will allow the digital economy to develop 

across the internal market. Natural persons should have control of their own personal data. Legal and practical 

certainty for natural persons, economic operators and public authorities should be enhanced. 

(8) Where this Regulation provides for specifications or restrictions of its rules by Member State law, Member States 

may, as far as necessary for coherence and for making the national provisions comprehensible to the persons to 

whom they apply, incorporate elements of this Regulation into their national law. 

(9) The objectives and principles of Directive 95/46/EC remain sound, but it has not prevented fragmentation in the 

implementation of data protection across the Union, legal uncertainty or a widespread public perception that 

there are significant risks to the protection of natural persons, in particular with regard to online activity. 

Differences in the level of protection of the rights and freedoms of natural persons, in particular the right to the 

protection of personal data, with regard to the processing of personal data in the Member States may prevent the 

free flow of personal data throughout the Union. Those differences may therefore constitute an obstacle to the 

pursuit of economic activities at the level of the Union, distort competition and impede authorities in the 

discharge of their responsibilities under Union law. Such a difference in levels of protection is due to the 

existence of differences in the implementation and application of Directive 95/46/EC. 

(10) In order to ensure a consistent and high level of protection of natural persons and to remove the obstacles to 

flows of personal data within the Union, the level of protection of the rights and freedoms of natural persons 

with regard to the processing of such data should be equivalent in all Member States. Consistent and 

homogenous application of the rules for the protection of the fundamental rights and freedoms of natural 

persons with regard to the processing of personal data should be ensured throughout the Union. Regarding the 

processing of personal data for compliance with a legal obligation, for the performance of a task carried out in 

the public interest or in the exercise of official authority vested in the controller, Member States should be 

allowed to maintain or introduce national provisions to further specify the application of the rules of this 

Regulation. In conjunction with the general and horizontal law on data protection implementing Directive 

95/46/EC, Member States have several sector-specific laws in areas that need more specific provisions. This 

Regulation also provides a margin of manoeuvre for Member States to specify its rules, including for the 

processing of special categories of personal data (‘sensitive data’). To that extent, this Regulation does not exclude 

Member State law that sets out the circumstances for specific processing situations, including determining more 

precisely the conditions under which the processing of personal data is lawful.

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