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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...

Offical Journal Of Europeans union

 household activities could include correspondence and the holding of addresses, or social networking and online 

activity undertaken within the context of such activities. However, this Regulation applies to controllers or 

processors which provide the means for processing personal data for such personal or household activities. 

(19) The protection of natural persons with regard to the processing of personal data by competent authorities for the 

purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of 

criminal penalties, including the safeguarding against and the prevention of threats to public security and the free 

movement of such data, is the subject of a specific Union legal act. This Regulation should not, therefore, apply 

to processing activities for those purposes. However, personal data processed by public authorities under this 

Regulation should, when used for those purposes, be governed by a more specific Union legal act, namely 

Directive (EU) 2016/680 of the European Parliament and of the Council (

1

). Member States may entrust 

competent authorities within the meaning of Directive (EU) 2016/680 with tasks which are not necessarily 

carried out for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the 

execution of criminal penalties, including the safeguarding against and prevention of threats to public security, so 

that the processing of personal data for those other purposes, in so far as it is within the scope of Union law, 

falls within the scope of this Regulation. 

With regard to the processing of personal data by those competent authorities for purposes falling within scope 

of this Regulation, Member States should be able to maintain or introduce more specific provisions to adapt the 

application of the rules of this Regulation. Such provisions may determine more precisely specific requirements 

for the processing of personal data by those competent authorities for those other purposes, taking into account 

the constitutional, organisational and administrative structure of the respective Member State. When the 

processing of personal data by private bodies falls within the scope of this Regulation, this Regulation should 

provide for the possibility for Member States under specific conditions to restrict by law certain obligations and 

rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to 

safeguard specific important interests including public security and the prevention, investigation, detection or 

prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the 

prevention of threats to public security. This is relevant for instance in the framework of anti-money laundering 

or the activities of forensic laboratories. 

(20) While this Regulation applies, inter alia, to the activities of courts and other judicial authorities, Union or 

Member State law could specify the processing operations and processing procedures in relation to the 

processing of personal data by courts and other judicial authorities. The competence of the supervisory 

authorities should not cover the processing of personal data when courts are acting in their judicial capacity, in 

order to safeguard the independence of the judiciary in the performance of its judicial tasks, including decision-

making. It should be possible to entrust supervision of such data processing operations to specific bodies within 

the judicial system of the Member State, which should, in particular ensure compliance with the rules of this 

Regulation, enhance awareness among members of the judiciary of their obligations under this Regulation and 

handle complaints in relation to such data processing operations. 

(21) This Regulation is without prejudice to the application of Directive 2000/31/EC of the European Parliament and 

of the Council (

2

), in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that 

Directive. That Directive seeks to contribute to the proper functioning of the internal market by ensuring the free 

movement of information society services between Member States. 

(22) Any processing of personal data in the context of the activities of an establishment of a controller or a processor 

in the Union should be carried out in accordance with this Regulation, regardless of whether the processing itself 

takes place within the Union. Establishment implies the effective and real exercise of activity through stable 

arrangements. The legal form of such arrangements, whether through a branch or a subsidiary with a legal 

personality, is not the determining factor in that respect. 

L 119/4 EN Official Journal of the European Union 4.5.2016 

(

1

) Directive (EU) 2016/680 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 by competent authorities for the purposes of prevention, investigation, detection or 

prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data and repealing Council 

Framework Decision 2008/977/JHA (see page 89 of this Official Journal). 

(

2

) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society 

services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).

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