Article 7 Conditions for consent

Author(s):  
Eleni Kosta

Article 4(11) (Definition of consent) (see too recitals 32 and 33 on consent for scientific research purposes); Article 6(1)(a) (Lawfulness of processing—consent) (see also recitals 40 and 42–43); Article 8 (Conditions applicable to child’s consent in relation to information society services); Article 9(2) (Processing of special categories of personal data—consent) (see too recital 50); Article 13(2)(c) (Information to be provided—withdrawal of consent); Article 14(2)(d) (Information to be provided—withdrawal of consent); Article 17(1)(b) (Right to erasure—withdrawal of consent) (see also recital 65); Article 18(2) (Right to restriction of processing); Article 20(1)(a) (Right to data portability) (see also recital 68); Article 22(2)(c) (Automated decisions and profiling) (see also recital 71); Article 49(1)(a) (Derogations for specific situations) (see also recital 111); Article 83 (General conditions for imposing administrative fines) (see also recitals 155 and 171).

Author(s):  
Lee A. Bygrave ◽  
Luca Tosoni

Article 5 (Principles relating to processing of personal data) (see also recitals 33, 39 and 50); Article 6(1)(a) (Lawfulness of processing on basis of consent) (see too recital 40); Article 7 (Conditions for consent) (see also recital 42); Article 8 (Conditions applicable to child’s consent in relation to information society services) (see too recital 38); Article 9(2)(a) (Processing of special categories of personal data on basis of consent) (see too recital 51); Article 13 (Information to be provided where personal data are collected from the data subject) (see too recitals 60–62); Article 14 (Information to be provided where personal data have not been obtained from the data subject); Article 17 (Right to erasure) (see too recital 65); Article 20 (Right to data portability) (see too recital 68); Article 22 (Automated individual decision-making, including profiling) (see too recital 71); Article 49(1)(a) (Transfer of personal data to third country or international organisation on basis of consent) (see too recitals 111–112).


Author(s):  
Ludmila Georgieva ◽  
Christopher Kuner

Article 4(1) (Definition of personal data); Article 4(2) (Definition of processing); Article 4(11) (Definition of consent); Article 4(13) (Definition of genetic data, see also recital 34); Article 4(14) (Definition of biometric data); Article 4(15) (Definition of data concerning health, see also recital 35); Article 6(4)(c) (Lawfulness of processing, compatibility test) (see too recital 46 on vital interest); Article 13(2)(c) (Information to be provided where personal data are collected from the data subject); Article 17(1)(b), (3)(c) (Right to erasure (‘right to be forgotten’)); Article 20(1)(a) (Right to data portability); Article 22(4) (Automated individual decision-making, including profiling); Article 27(2)(a) (Representatives of controllers or processors not established in the Union); Article 30(5) (Records of processing activities); Article 35(3)(b) (Data protection impact assessment) (see too recital 91); Article 37(1)(c) (Designation of the data protection officer) (see too recital 97); Article 83(5)(a) (General conditions for imposing administrative fines).


2021 ◽  
pp. 409-410
Author(s):  
Eleonora Rosati

This chapter cites Article 24 of the European copyright directive in the Digital Single Market, Directive 2019/790, which begins with an amendment of Directive 96/9/EC on the legal protection of databases. It looks at the replacement of Article 6 of Directive 96/9/EC, which deals with the use of data for the sole purpose of illustration for teaching or scientific research. It also mentions the revision of Article 9 that covers the extraction for the purposes of illustration for teaching or scientific research, which is indicated and justified by a non-commercial purpose. The chapter highlights the amendment of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. It discusses the changes in Article 5 of Directive 2001/29/EC, which outlines specific acts of reproduction that are made by publicly accessible libraries, educational establishments, museums, or archives.


Author(s):  
Lee A. Bygrave ◽  
Luca Tosoni

Article 4(1) (Definition of ‘personal data’) (see too recital 26); Article 4(15) (Definition of ‘data concerning health’) (see also recital 35); Article 4(16) (Definition of ‘biometric data’) (see too recital 51); Article 9(1) (Processing of special categories of personal data) (see also recital 53); Article 22(4) (Automated individual decision-making, including profiling) (see also recital 71); Article 35(3)(b) (Data protection impact assessment) (see too recital 91).


Author(s):  
Luca Tosoni

Article 4(21) (Definition of ‘supervisory authority’); Article 9(2)(d) (Processing of special categories of personal data by religious organisations); Articles 51–59 (Independent supervisory authorities); Article 99 (Entry into force and application).


Author(s):  
Lee A. Bygrave ◽  
Luca Tosoni

Article 4(1) (Definition of ‘personal data’) (see too recital 26); Article 4(13) (Definition of ‘genetic data’) (see also recital 34); Article 4(16) (Definition of ‘biometric data’) (see too recital 51); Article 9(1) (Processing of special categories of personal data) (see also recital 53); Article 22(4) (Automated individual decision-making, including profiling) (see also recital 71); Article 35(3)(b) (Data protection impact assessment) (see too recital 91).


Author(s):  
Orla Lynskey

Recital 68; Article 6 (Lawfulness of processing); Article 9 (Processing of special categories of personal data); Article 13 (Information to be provided when the personal data are collected from the data subject) (see too recitals 61–62); Article 14 (Information to be provided when the personal data have not been obtained from the data subject); Article 23 (Restrictions) (see further recital 73).


Author(s):  
Patrick Van Eecke ◽  
Anrijs Šimkus

Article 4 (Definition of consent) (see too recital 42); Article 7 (Conditions for consent) (see too recital 43); Article 9 (Processing of special categories of personal data in the context of employment) (see too recital 52); Article 83 (Fines for breaches of any obligations pursuant to Member State law adopted under Article 88) (see too recital 148).


Author(s):  
Lee A. Bygrave ◽  
Luca Tosoni

Article 4(1) (Definition of ‘personal data’) (see too recital 26); Article 4(13) (Definition of ‘genetic data’) (see too recital 34); Article 4(15) (Definition of ‘data concerning health’) (see also recital 35); Article 9(1) (Special categories of personal data); Article 22(4) (Automated individual decision-making, including profiling) (see also recital 71); Article 35(3)(b) (Data protection impact assessment) (see too recital 91).


2021 ◽  
pp. 257-293
Author(s):  
Dimitra Kamarinou ◽  
Christopher Millard ◽  
Felicity Turton

This chapter focuses on the rights and remedies that individual users of cloud computing services may enjoy under the EU's General Data Protection Regulation (GDPR). It begins by considering the concept of the individual as 'data subject', which is inextricably linked to the concept of 'personal data'. The term 'data subject' is not defined explicitly in the GDPR. Instead, it is referenced in parenthesis within the definition of personal data. The definition of personal data is purposefully broad so as to include the vast range of information from which an individual may be identified. The chapter then explores the rights afforded to data subjects, including the right to be informed; the rights of access, rectification, and erasure; the right to data portability; the right to object to processing; and the right not to be subject to automated decision making, including profiling. Finally, it looks at the remedies and compensation available to data subjects. One of the biggest challenges to data subjects knowing and being able to exercise their rights is a potential lack of transparency with regard to how and by whom their personal data are collected and further processed in the cloud.


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