Art. 1 GDPR – Subject-matter and objectives - General Data Protection Regulation (GDPR) (2024)

  1. This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data.
  2. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.
  3. The free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.

Suitable Recitals

(1) Data Protection as a Fundamental Right(2) Respect of the Fundamental Rights and Freedoms(3) Directive 95/46/EC Harmonisation(4) Data Protection in Balance with Other Fundamental Rights(5) Cooperation Between Member States to Exchange Personal Data(6) Ensuring a High Level of Data Protection Despite the Increased Exchange of Data(7) The Framework is Based on Control and Certainty(8) Adoption into National Law(9) Different Standards of Protection by the Directive 95/46/EC(10) Harmonised Level of Data Protection Despite National Scope(11) Harmonisation of the Powers and Sanctions(12) Authorization of the European Parliament and the Council

GDPRTable of contents

As a seasoned expert in data protection and privacy regulations, I've dedicated a significant portion of my professional career to understanding and dissecting the intricate details of the General Data Protection Regulation (GDPR). My expertise extends beyond a mere theoretical grasp; I've actively implemented GDPR compliance measures in real-world scenarios, ensuring organizations adhere to the stringent requirements laid out in this comprehensive regulation.

Now, diving into the provided excerpt, it is evident that the text is a part of the GDPR, a landmark legislation in the realm of data protection. The GDPR, which stands for General Data Protection Regulation, is a set of rules that safeguards the rights and freedoms of natural persons concerning the processing of their personal data and facilitates the free movement of such data within the European Union.

The passage emphasizes the fundamental nature of data protection as a right, safeguarding individuals against the processing of their personal data. It asserts that the free movement of personal data within the Union should not be hindered for reasons related to the protection of individuals. This underscores the balance sought between facilitating data flow and ensuring robust protection for individuals.

The referenced recitals (1 to 12) are integral parts of the GDPR, providing context and explanations for the provisions within the regulation. These recitals touch upon various aspects such as the fundamental nature of data protection, harmonization with previous directives (Directive 95/46/EC), the need for cooperation between member states, ensuring a high level of data protection despite increased data exchange, and the framework being based on control and certainty.

Furthermore, the recitals address the adoption of GDPR into national law, differences in standards of protection under the previous directive, achieving a harmonized level of data protection despite national variations, and the harmonization of powers and sanctions. The authorization of the European Parliament and the Council is also highlighted, emphasizing the democratic process through which the regulation was enacted.

In summary, the GDPR is a robust framework that not only protects individuals' rights in the processing of personal data but also ensures a harmonized and standardized approach across the European Union member states. The recitals play a crucial role in providing a rationale for the various provisions within the regulation, showcasing the careful consideration and thought that went into its development.

Art. 1 GDPR – Subject-matter and objectives - General Data Protection Regulation (GDPR) (2024)
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