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Article 1

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Legal Text English

  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.

Legal Text German

  1. Diese Verordnung enthält Vorschriften zum Schutz natürlicher Personen bei der Verarbeitung personenbezogener Daten und zum freien Verkehr solcher Daten.
  2. Diese Verordnung schützt die Grundrechte und Grundfreiheiten natürlicher Personen und insbesondere deren Recht auf Schutz personenbezogener Daten.
  3. Der freie Verkehr personenbezogener Daten in der Union darf aus Gründen des Schutzes natürlicher Personen bei der Verarbeitung personenbezogener Daten weder eingeschränkt noch verboten werden.

Recitals

  • Relevant Recitals: 1-12
    • The protection of natural persons in relation to processing of personal data is a fundamental right → Article 8(1) European Charter, Article 16(1) TFEU
    • Intended to contribute to the accomplishment of an area of freedom, security and justice and of an economic union, to economic and social progress, to the strengthening and the convergence of the economies within the internal market, and to the well-being of natural persons
    • The processing of personal data should be designed to serve mankind. The right to the protection of personal data is not an absolute right; it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality.
    • Natural persons should have control of their own personal data. Legal and practical certainty for natural persons, economic operators and public authorities should be enhanced.
    • Consistent and homogenous application

Commentary

  • Reason for this Article: EU is based on the idea of a common market that provices the free movement of goods, capital and people, as well as the freedom to establish and provide services. Different national data protection laws would conflict with these freedoms
  • GDPR does not apply to the processing of data belonging to companies, public bodies or other legal entities
  • Non-EU citizens can rely on the GDPR as its application is generally independent of nationality → human right, not citizen right
  • Fundamental rights and freedoms enshrined in Articles 7 and 8 of the CFR aren’t the only interests protected by the GDPR as processing operations are able to impact other fundamental rights such as personality rights, freedom of expression, freedom of information, freedom of communication, the right of assembly, freedom of religion and other anti-discrimination rights; the fundamental rights to privacy, personality and data protection are the backbone of a free society as there can be no freedom where the individual is not in control of their data, feels observed, tracked or continuously assessed

If data about a legal entity contains or relates to a natural person or a natural person engages in a professional activity, this data is still within the scope of the GDPR, as clarified by the CJEU in C-398/15 - Salvatore Manni.

Common mistake

Some lawyers argue that the GDPR would have to be ‘balanced’ with the right to conduct a business under Article 16 CFR. However, Article 16 CFR has a limited scope and e.g. ensures that everyone can open a business and can decide over business partners. There is also only a freedom to conduct a business ‘in accordance with community law’ - not in violation of community law (such as the GDPR). While there is no general balancing test, the GDPR foresees specific flexible provisions, like the recognition of legitimate interests in Article 6(1)(f) GDPR which allows to balance conflicting rights e.g. in the case of fraud prevention or the need to enforce legal claims

Related: C-398 15 - Manni

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