Regulation (EU) 2016/679 of the European Parliament and of the Council1, which is the new General Data Protection Regulation (GDPR) of the European Union (EU), establishes the rules regarding the processing, by an individual, a company, or an organization, of personal data relating to individuals in the EU. (Does not apply to the processing of personal data of deceased persons or legal entities).
The rules do not apply to the processing of data for purely personal reasons or in the exercise of domestic activities, provided there is no connection with a professional or commercial activity. When a person uses personal data outside their "personal sphere", for example, for sociocultural or financial activities, data protection legislation must be respected.
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 relevant for the EEA).
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, having regard to the Treaty on the Functioning of the European Union, in particular Article 16, the proposal from the European Commission, after transmission of the draft legislative act to national parliaments, having regard to the opinion of the European Economic and Social Committee (1), the opinion of the Committee of the Regions (2) and deliberating in accordance with the ordinary legislative procedure (3),
Considering the following:
(1) - The protection of natural persons with regard to the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union ("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 and rules on the protection of natural persons with regard to the processing of their personal data must respect their fundamental rights and freedoms, notably their right to the protection of personal data. This Regulation aims to contribute to the achievement of an area of freedom, security and justice and of an economic union, to economic and social progress, to the strengthening and convergence of the economies within the internal market, and to the well-being of natural persons.
(14) - The protection afforded by this Regulation should apply to natural persons, regardless of their nationality or place of residence, with regard 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, the legal form and the contact details of the legal person.
(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. The activities of a purely personal or household nature 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.
(28) - The application of pseudonymisation to personal data can reduce the risks to the data subjects concerned and help controllers and processors to meet their data-protection obligations. The explicit introduction of 'pseudonymisation' in this Regulation is not intended to preclude any other measures of data protection.
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