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Online Job Tips

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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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Offical Union

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 Effective protection of personal data throughout the Union requires the strengthening and setting out in detail of 

the rights of data subjects and the obligations of those who process and determine the processing of personal 

data, as well as equivalent powers for monitoring and ensuring compliance with the rules for the protection of 

personal data and equivalent sanctions for infringements in the Member States. 

(12) Article 16(2) TFEU mandates the European Parliament and the Council to lay down the rules relating to the 

protection of natural persons with regard to the processing of personal data and the rules relating to the free 

movement of personal data. 

(13) In order to ensure a consistent level of protection for natural persons throughout the Union and to prevent 

divergences hampering the free movement of personal data within the internal market, a Regulation is necessary 

to provide legal certainty and transparency for economic operators, including micro, small and medium-sized 

enterprises, and to provide natural persons in all Member States with the same level of legally enforceable rights 

and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the 

processing of personal data, and equivalent sanctions in all Member States as well as effective cooperation 

between the supervisory authorities of different Member States. The proper functioning of the internal market 

requires that the free movement of personal data within the Union is not restricted or prohibited for reasons 

connected with the protection of natural persons with regard to the processing of personal data. To take account 

of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a derogation for 

organisations with fewer than 250 employees with regard to record-keeping. In addition, the Union institutions 

and bodies, and Member States and their supervisory authorities, are encouraged to take account of the specific 

needs of micro, small and medium-sized enterprises in the application of this Regulation. The notion of micro, 

small and medium-sized enterprises should draw from Article 2 of the Annex to Commission Recommendation 

2003/361/EC (

1

). 

(14) The protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of 

residence, in relation to the processing of their personal data. This Regulation does not cover the processing of 

personal data which concerns legal persons and in particular undertakings established as legal persons, including 

the name and the form of the legal person and the contact details of the legal person. 

(15) In order to prevent creating a serious risk of circumvention, the protection of natural persons should be technolo-

gically neutral and should not depend on the techniques used. The protection of natural persons should apply to 

the processing of personal data by automated means, as well as to manual processing, if the personal data are 

contained or are intended to be contained in a filing system. Files or sets of files, as well as their cover pages, 

which are not structured according to specific criteria should not fall within the scope of this Regulation. 

(16) This Regulation does not apply to issues of protection of fundamental rights and freedoms or the free flow of 

personal data related to activities which fall outside the scope of Union law, such as activities concerning national 

security. This Regulation does not apply to the processing of personal data by the Member States when carrying 

out activities in relation to the common foreign and security policy of the Union. 

(17) Regulation (EC) No 45/2001 of the European Parliament and of the Council (

2

) applies to the processing of 

personal data by the Union institutions, bodies, offices and agencies. Regulation (EC) No 45/2001 and other 

Union legal acts applicable to such processing of personal data should be adapted to the principles and rules 

established in this Regulation and applied in the light of this Regulation. In order to provide a strong and 

coherent data protection framework in the Union, the necessary adaptations of Regulation (EC) No 45/2001 

should follow after the adoption of this Regulation, in order to allow application at the same time as this 

Regulation. 

(18) This Regulation does not apply to the processing of personal data by a natural person in the course of a purely 

personal or household activity and thus with no connection to a professional or commercial activity. Personal or 

4.5.2016 EN Official Journal of the European Union L 119/3 

(

1

) Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium‑sized enterprises (C(2003) 1422) 

(OJ L 124, 20.5.2003, p. 36). 

(

2

) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with 

regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8,

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