The General Data Protection
Regulation (GDPR) is the EU law that protects the privacy and data rights of
individuals. GDPR includes a series of recitals that provide context,
justification, and interpretation for the various provisions within the
regulation. Recitals cover a wide range of topics related to data protection and
are not legally binding, but they can be used as a reference by courts and
authorities when resolving any ambiguity or dispute over the GDPR.
The recitals of the GDPR are the explanatory notes that accompany the articles of the General Data Protection Regulation (GDPR). There are 173 recitals in the GDPR, covering various topics such as the principles, rights, obligations, and enforcement of data protection. Here's a categorization of some key GDPR recitals based on their thematic content:
- Introduction and Purpose (Recitals 1-7): Overview, principles, and objectives of the GDPR.
- Fundamental Principles (Recitals 8-21): Core principles such as lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, and confidentiality.
- Lawful Bases for Processing (Recitals 22-71): Consent, contract performance, legal obligations, vital interests, public task, legitimate interests, and processing of special categories of personal data.
- Data Subject Rights (Recitals 72-99): Rights of data subjects, including access, rectification, erasure, restriction, data portability, and the right to object.
- Specific Processing Contexts (Recitals 100-133): Processing in the employment context, scientific research, archiving, statistical purposes, and public registers.
- Data Protection Impact Assessments (DPIAs) and Data Protection by Design and by Default (Recitals 134-142): Considerations for DPIAs and the integration of data protection into the development of processing activities.
- Data Transfers and International Cooperation (Recitals 143-150): Conditions for international data transfers, including adequacy decisions, standard contractual clauses, and cooperation between supervisory authorities.
- Supervisory Authorities and Consistency (Recitals 151-173): Roles, powers, and cooperation between supervisory authorities, the consistency mechanism, and the one-stop-shop principle.
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