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Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation)(Text with EEA relevance)
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Regulation (EU) 2016/679 of the European Parliament and of the Council, Article 57 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1.Without prejudice to other tasks set out under this Regulation, [F1the Commissioner must]:
(a)monitor and enforce the application of this Regulation;
(b)promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention;
(c)advise [F2Parliament], the government, and other institutions and bodies on legislative and administrative measures relating to the protection of natural persons' rights and freedoms with regard to processing;
(d)promote the awareness of controllers and processors of their obligations under this Regulation;
(e)upon request, provide information to any data subject concerning the exercise of their rights under this Regulation and, if appropriate, cooperate with [F3foreign designated authorities] to that end;
(f)handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with [F4a foreign designated authority] is necessary;
F5(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)conduct investigations on the application of this Regulation, including on the basis of information received from [F6a foreign designated authority] or other public authority;
(i)monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies and commercial practices;
(j)adopt standard contractual clauses referred to in Article 28(8) and [F7issue standard data protection clauses referred to] in point (d) of Article 46(2);
(k)establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4);
(l)give advice on the processing operations referred to in Article 36(2);
(m)encourage the drawing up of codes of conduct pursuant to Article 40(1) and provide an opinion and approve such codes of conduct which provide sufficient safeguards, pursuant to Article 40(5);
(n)encourage the establishment of data protection certification mechanisms and of data protection seals and marks pursuant to Article 42(1), and approve the criteria of certification pursuant to Article 42(5);
(o)where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);
[F8(oamaintain a public register of certification mechanisms and data protection seals and marks pursuant to Article 42(8) and of controllers or processors established in third countries and certified pursuant to Article 42(7);]
[X1(p ) draft and publish the requirements for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;]
(q)conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;
(r)authorise contractual clauses and provisions referred to in Article 46(3);
(s)approve binding corporate rules pursuant to Article 47;
F9(t). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(u)keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2); and
(v)fulfil any other tasks related to the protection of personal data.
2.[F10The Commissioner] shall facilitate the submission of complaints referred to in point (f) of paragraph 1 by measures such as a complaint submission form which can also be completed electronically, without excluding other means of communication.
3.The performance of [F11the Commissioner's tasks is to be] free of charge for the data subject and, where applicable, for the data protection officer.
4.Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the [F12Commissioner] may charge a reasonable fee based on administrative costs, or refuse to act on the request. The [F12Commissioner] shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.
Editorial Information
X1Substituted by Corrigendum to 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) (Official Journal of the European Union L 119 of 4 May 2016).
Textual Amendments
F1Words in Art. 57(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(2)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 57(1)(c) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(2)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 57(1)(e) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(2)(c) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 57(1)(f) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(2)(d) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 57(1)(g) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(2)(e) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 57(1)(h) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(2)(f) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 57(1)(j) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(2)(g) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F8Art. 57(1)(oa) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(2)(h) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F9Art. 57(1)(t) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(2)(i) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 57(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 57(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F12Word in Art. 57(4) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 52(5) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
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