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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...

Regulations

 I 

(Legislative acts) 

REGULATIONS 

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 the opinion of the European Economic and Social 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, in particular 

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. 

4.5.2016 EN Official Journal of the European Union L 119/1 

(

1

) OJ C 229, 31.7.2012, p. 90. 

(

2

) OJ C 391, 18.12.2012, p. 127. 

(

3

) Position of the European Parliament of 12 March 2014 (not yet published in the Official Journal) and position of the Council at first 

reading of 8 April 2016 (not yet published in the Official Journal). Position of the European Parliament of 14 April 2016. 

(

4

) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to 

the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

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