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ANNEX

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(112)Where a data subject considers that his or her rights under this Regulation are infringed, he or

she should have the right to mandate a body, organisation or association which is of non-

profit making character, whose statutory objectives are in the public interest and which is

active in the field of the protection of personal data and is constituted according to the law of

a Member State, to lodge a complaint on his or her behalf with a supervisory authority,

exercise the right to a judicial remedy on behalf of data subjects or exercise the right to

receive compensation on behalf of data subjects if the latter is provided for in Member State

law. Member States may provide that such a body, organisation or association should have the

right to lodge, independently of a data subject's mandate, in such Member State a complaint,

and/or have the right to an effective judicial remedy where it has reasons to considers that the

rights of a data subject have been infringed as a result of the processing of personal data

which is not in compliance with this Regulation. This body, organisation or association may

not be allowed to claim compensation on a data subject's behalf independently of the data

subject's mandate.

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ANNEX

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(113)Any natural or legal person has the right to bring an action for annulment of decisions of the

European Data Protection Board before the Court of Justice of the European Union (the

“Court of Justice”) under the conditions provided for in Article 263 TFEU. As addressees of

such decisions, the concernedsupervisory authorities who wish to challenge them, have to

bring action within two months of their notification to them, in accordance with Article 263

TFEU. Where decisions of the European Data Protection Board are of direct and individual

concern to a controller, processor or the complainant, the latter may bring an action for

annulment against those decisions and they should do so within two months of their

publication on the website of the European Data Protection Board, in accordance with Article

263TFEU. Without prejudice to this right under Article 263 TFEU, each natural or legal

person should have an effective judicial remedy before the competent national court against a

decision of a supervisoryauthority which produces legal effects concerning this person. Such

a decision concerns in particular the exercise of investigative, corrective and authorisation

powers by the supervisory authority or the dismissal or rejection of complaints. However, this

right does not encompass other measures of supervisory authorities which are not legally

binding, such as opinions issued by or advice provided by the supervisory authority.

Proceedings against a supervisory authority should be brought before the courts of the

Member State, where the supervisory authorityis established and should be conducted in

accordance with the national procedural law of that Member State. Those courts should

exercise full jurisdiction which should include jurisdiction to examine all questions of fact and

law relevant to the dispute before it. Where a complaint has been rejected or dismissed by a

supervisory authority, the complainant may bring proceedings to the courts in the same

Member State. In thecontext of judicial remedies relating to the application of this

Regulation, national courts which consider a decision on the question necessary to enable

them to give judgment, may, or in the case provided for in Article 267 TFEU, must, request

the Court of Justice to give a preliminary ruling on the interpretation of Union law including

this Regulation. Furthermore, where a decision of a supervisory authority implementing a

decision of the European Data Protection Board is challenged before a national court and the

validity of the decision of the European Data Protection Board is at issue, that national court

does not have the power to declare the European Data Protection Board's decision invalid but

must refer the question of validity to the Court of Justice in accordance with Article 267

TFEU as interpreted by the Court of Justice, whenever it considers the decision invalid.

However, a national court may not refer a question on the validity of thedecision of the

European Data Protection Board at the request of a natural or legal person which had the

opportunity to bring an action for annulment of that decision, in particular if it was directly

and individually concerned by that decision, but had not done so within the period laid down

by Article 263 TFEU.

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ANNEX

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(113a)

Where a court seized with a proceeding against a decision of a supervisory authority has

reason to believe that proceedings concerning the same processing such as the same subject

matter as regards processing of the same controller or processor activities or the same cause of

action are brought before a competent court in another Member State, it should contact that

court in order to confirm the existence of such related proceedings. If related proceedings are

pending before a court in another Member State, any court other than the court first seized

may stay its proceedings or may, on request of one of the parties, decline jurisdiction in

favour of the court first seized if the latter has jurisdiction over the proceedings in question

and its law permits the consolidation of such related proceedings. Proceedings are deemed to

be related where they are so closely connected that it is expedient to hear and determine them

together to avoid the risk of irreconcilable judgments resulting from separate proceedings.

(114)(…)

(115)(…)

(116)For proceedings against a controller or processor, the plaintiff should have the choice to bring

the action before the courts of the Member States where the controller or processor has an

establishment or where the data subject resides, unless the controller is a public authority of a

Member Stateacting in the exercise of its public powers.

(117)(…)

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15039/15

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ANNEX

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(118)Any damage which a person may suffer as a result of processing that is not in compliance

with this Regulation should be compensated by the controller or processor, that should be

exempted from liability if they prove that they are not in any way responsible for the damage.

The concept of damage should be broadly interpreted in the light of the case law of the Court

of Justice of the European Union in a manner which fully reflects the objectives ofthis

Regulation. This is without prejudice to any claims for damage deriving from the violation of

other rules in Union or Member State law. When reference is made to a processing that is not

in compliance with this Regulation it also covers processing that is not in compliancewith

delegated and implementing acts adopted in accordance with this Regulation and national law

specifying rules of this Regulation. Data subjects should receive full and effective

compensation for the damage they have suffered. Where controllers or processors are

involved in the same processing each controller or processor should be held liable for the

entire damage. However, where they are joined to the same judicial proceedings, in

accordance with national law, compensation may be apportioned according to the

responsibility of each controller or processor for the damage caused by the processing,

provided that full and effective compensation of the data subject who suffered the damage is

ensured. Any controller or processor who haspaid full compensation, may subsequently

institute recourse proceedings against other controllers or processors involved in the same

processing.

(118a)

Where specific rules on jurisdiction are contained in this Regulation, in particular as regards

proceedings seeking a judicial remedy including compensation, against a controller or

processor, general jurisdiction rules such as those of Regulation (EU) No 1215/2012 should

not prejudice the application of such specific rules.

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ANNEX

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(118b)

In order to strengthen the enforcement of the rules of this Regulation, penalties and

administrative fines should be imposed for any infringement of the Regulation, in addition to,

or instead of appropriate measures imposed by the supervisory authority pursuant to this

Regulation.In a case of a minor infringement or if the fine likely to be imposed would

constitute a disproportionate burden to a natural person, a reprimand may be issued instead of

a fine. Due regard should however be given to the nature, gravity and duration of the

infringement, the intentional character of the infringement, actions taken to mitigate the

damage suffered, degree of responsibility or any relevant previous infringements, the manner

in which the infringement became known to the supervisory authority, compliance with

measures ordered against the controller or processor, adherence to a code of conduct and any

other aggravating or mitigating factor. The imposition of penalties and administrative fines

should be subject to adequate procedural safeguards in conformity with general principles of

Union law and the Charter of Fundamental Rights, including effective judicial protection and

due process.

(119)Member States may lay down the rules on criminal sanctions for infringements of this

Regulation, including for infringements of national rules adopted pursuant to and within the

limits of this Regulation. These criminal sanctions may also allow for the deprivation of the

profits obtained through infringements of this Regulation. However, the imposition of

criminal sanctions for infringements of such national rules and of administrativesanctions not

lead to the breach of the principle of ne bis in idem, as interpreted by the Court of Justice of

the European Union.

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15039/15

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(120)In order to strengthen and harmonise administrative penalties against infringements of this

Regulation, each supervisory authority should have the power to impose administrative fines.

This Regulation should indicate offences the upper limit and criteria for fixing the related

administrative fines, which should be determined by the competent supervisory authority in

each individual case, taking account all relevant circumstances of the specific situation, with

due regard in particular to the nature, gravity and duration of the breach and of its

consequences and the measures taken to ensure compliance with the obligations under the

Regulation and to prevent or mitigate the consequences of the infringement.Where the fines

are imposed on an undertaking, for these purposes an undertaking should be understood as

defined in Articles 101 and 102 TFEU . Where the fines are imposed on persons that are not

an undertaking, the supervisory authority should take account of the general level of income

in the Member State as well as the economic situation ofthe person in considering the

appropriate amount of fine. The consistency mechanism may also be used to promote a

consistent application of administrative fines. It should be for the Member States to determine

whether and to which extent public authorities should be subject to administrative fines.

Imposing an administrative fine or giving a warning does not affect the application of other

powers of the supervisory authorities or of other sanctions under the Regulation.

(120a) (new) The legal systems of Denmark and Estonia do not allow for administrative fines as set

out in this Regulation. The rules on administrative fines may be applied in such a manner that

in Denmark, the fine is imposed by competent national courts as a criminal sanction and in

Estonia, the fine is imposed by the supervisory authority in the framework of a misdemeanor

procedure, provided that such an application of the rules in those Member States has an

equivalent effect to administrative fines imposed by supervisory authorities. Therefore the

competent national courts should take into account the recommendation by the supervisory

authority initiating the fine. In any event, the fines imposed should be effective, proportionate

and dissuasive.

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(120a)

Where this Regulation does not harmonise administrative penalties or where necessary in

other cases, for example in cases of serious infringements of the Regulation, Member States

should implement a system which provides for effective, proportionate and dissuasive

penalties. The nature of such penalties (criminal or administrative) should be determined by

national law.

(121)Member States law should reconcile the rules governing freedom of expression and

information, including journalistic, academic, artistic and or literary expression with the right

to the protection of personal data pursuant to this Regulation.The processing of personal data

solely for journalistic purposes, or for the purposes of academic,artistic or literary expression

should be subject to derogations or exemptions from certain provisions of this Regulation if

necessary to reconcile the right to the protection of personal data, with the right to freedom of

expression and information, as guaranteed by Article 11 of the Charter of Fundamental Rights

of the European Union. This should apply in particular to processing of personal data in the

audiovisual field and in news archives and press libraries. Therefore, Member States should

adopt legislative measures, which should lay down exemptions and derogations which are

necessary for the purpose of balancing these fundamental rights.Such exemptions and

derogations should be adopted by the Member States on general principles, on the rights of

the data subject, on controller and processor, on the transfer of data to third countries or

international organisations, on the independent supervisory authorities, on co-operation and

consistency and on specific data processing situations. In case these exemptions or

derogations differ from one Member State to another, the national law of the Member State to

which the controller is subject should apply. In order to take account of the importance of the

right to freedom of expression in every democratic society, it is necessary to interpret notions

relating to that freedom, such as journalism, broadly.

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(121a)

This Regulation allows the principle of public access to official documents to be taken into

account when applying the provisions set out in this Regulation. Public access to official

documents may be considered as a public interest. Personal data in documents held by a

public authority or a public body should be able to be publicly disclosed by this authority or

body if the disclosure is provided for by Union law or Member State law to which the public

authority or public body is subject. Such laws should reconcile public access to official

documents and the reuse of public sector information with the right to the protection of

personal data and may therefore provide for the necessary reconciliation with the right to the

protection of personal data pursuant to this Regulation. The reference to public authorities and

bodies should in this context include all authorities or other bodies covered by Member State

law on public access to documents. Directive 2003/98/EC of the European Parliament and of

the Council of 17 November 2003 onthe re-use of public sectorinformation leaves intact and

in no way affects the level of protection of individuals with regard to the processing of

personal data under the provisions of Union and national law, and in particular does not alter

the obligations and rights set out in this Regulation. In particular, that Directive should not

apply to documents access to which is excluded or restricted by virtue of the access regimes

on the grounds of protection of personal data, and parts of documents accessible by virtue of

those regimes which contain personal data the re-use of which has been defined by law as

being incompatible with the law concerning the protection of individuals with regard to the

processing of personal data.

(122)(…)

(123)(…)

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(124)Member State law or collective agreements (including 'works agreements') may provide for

specific rules on the processing of employees' personal data in the employment context, in

particular for the conditions under which personal data in the employment context may be

processed on the basis of the consent of the employee, the purposes of the recruitment, the

performance of the contract of employment, including discharge of obligations laid down by

law or by collective agreements, management, planning and organisation of work, equality

and diversity in the workplace, health and safety at work, and for the purposes of the exercise

and enjoyment, on an individual or collective basis, of rights and benefits related to

employment, and for the purposeof the termination of the employment relationship.

(125)The processing of personal data for archiving purposes in the public interest, or scientific and

historical research purposes or statistical purposes should be subject to appropriate safeguards

for the rights and freedoms of the data subject pursuant to this Regulation. These safeguards

should ensure that technical and organisational measures are in place in order to ensure, in

particular, the principle of data minimisation. The further processing of personal data for

archiving purposes in the public interest, or scientific and historical research purposes or

statistical purposesis to be carried out when the controller has assessed the feasibility to fulfill

those purposes by processing data which does not permit or no longer permit the

identification of data subjects, provided that appropriate safeguards exist (such as, for

instance, pseudonymisation of the data). Member States should provide for appropriate

safeguardto the processing of personal data forarchiving purposes in the public interest, or

scientific and historical research purposes or statistical purposes. Member States should be

authorised to provide, under specific conditions and in the presence of appropriate safeguards

for data subjects, specifications and derogations to the information requirements, rectification,

erasure, to be forgotten, restriction of processing and on the right to data portability and the

right to object when processing personal data for archiving purposes in the public interest, or

scientific and historical research purposes or statistical purposes. The conditions and

safeguards in question may entail specific procedures for data subjects to exercise those rights

if this is appropriate in the light of the purposes sought by the specific processing along with

technical and organisational measures aimed at minimising the processing of personal data in

pursuance of the proportionality and necessity principles.The processing of personal data for

scientific purposes should also comply with respect to other relevant legislation such as on

clinical trials.

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(125a)(

…)

(125aa) By coupling information from registries, researchers can obtain new knowledge of great

value when it comes to e.g. widespread diseases as cardiovascular disease, cancer, depression

etc. On the basis of registries, research results can be enhanced, as they draw on a larger

population. Within social science, research on the basis of registries enables researchersto

obtain essential knowledge about long-term impact of a number of social conditions e.g.

unemployment, education, and the coupling of this information to other life conditions.

Research results obtained on the basis of registries provide solid, high quality knowledge,

which can provide the basis for the formulation and implementation ofknowledge-based

policy, improve the quality of life for a number of people, and improve the efficiency of

social services etc. In order to facilitate scientific research,personal data can be processed for

scientific research purposes subject to appropriate conditions and safeguards set out in

Member State or Union law.

(125b)

Where personal data are processed for archiving purposes, this Regulation should also apply

to that processing, bearing in mind that this Regulation should not apply to deceased persons.

Public authorities or public or private bodies that hold records of public interest should be

services which, pursuant to Union or Member State law, have a legal obligation to acquire,

preserve, appraise, arrange, describe, communicate, promote, disseminate and provide access

to records of enduring value for general public interest. Member States should also be

authorised toprovide that personal data may be further processed for archiving purposes, for

example with a view to providing specific information related to the political behaviour under

former totalitarian state regimes, genocide, crimes against humanity, in particular the

Holocaust, or war crimes.

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