LLG avocats / Definitions as defined in the Act

access
the right, the opportunity or the means of finding, using or retrieving information

accountability
the principle that individuals, organisations and the community are responsible for their actions and may be required to explain them to others

bio-metric data
personal data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data

breach
a breach means a breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed

child
per the GDPR, parental consent is required for children below 16 years. Member States may lower this age but not below 13 years.

children
per the GDPR, parental consent is required for children below 16 years. Member States may lower this age but not below 13 years.

classification
the process of assigning an appropriate level of classification to an information asset to ensure it receives an adequate level of protection

confidentiality
is managed by the set of rules that limits access to information

consent
of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her

continuity
encompasses planning and preparation to ensure that an organisation can continue to operate in case of serious incidents or disasters and is able to recover to an operational state within a reasonably short period

controller
the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law

core activities
the core activities of a controller relate to primary activities and do not relate to the processing of personal data as ancillary activities. An example of an ancillary activity would be a company paying the salaries of its workers. However, the core activity of a hospital is to provide health care and it could not provide healthcare safely and effectively without processing health data, such as patients’ health records. Those activities cannot be considered ancillary and must be considered as core

anonymised
information which does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable

cross-border processing

  • processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or
  • (b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State

data concerning health
personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status

data mapping
the process used to identify what personal data you use, why you use it, how sensitive it is, how long you may retain it, where you process it and where you collect it

data portability
the primary aim of data portability is to facilitate switching from one service provider to another, thus enhancing competition between services

data protection impact assessment
a systematic process for evaluating the potential impact of data processing risks that are likely to affect the data protection rights of individuals

data subject
the individual to whom personal data belongs

delete
the process of eliminating or deleting records beyond any possible reconstruction

deletion
the process of eliminating or deleting records beyond any possible reconstruction

destroy
the process of eliminating or deleting records beyond any possible reconstruction

disaster recovery
the process or actions for an organisation to minimize the effects of a disruptive incident, to continue to operate or quickly resume mission-critical functions

anonymous
information which does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable

disclose
the transfer of a controller’s data subjects’ personal data to another recipient, whether that recipient is a third party or not

disclosure
the transfer of a controller’s data subjects’ personal data to another recipient, whether that recipient is a third party or not

DPIA
a systematic process for evaluating the potential impact of data processing risks that are likely to affect the data protection rights of individuals

encryption
the process of converting information or data into a code, especially to prevent unauthorized access

enterprise
a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity

erasure
the process of eliminating or deleting records beyond any possible reconstruction

filing system
any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis

genetic
personal data relating to the inherited or acquired genetic characteristics of a natural person which result from the analysis of a biological sample from the natural person in question, in particular DNA or RNA analysis

genetic data
personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question

group of undertakings
a controlling undertaking and its controlled undertakings

anonymous information
information which does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable

health
personal data concerning health should include all data pertaining to the health status of a data subject which reveal information relating to the past, current or future physical or mental health status of the data subject

high-risk
activities including, but not limited to, large scale data processing which could affect a large number of individuals; regular and systematic monitoring; the transfer of personal data to countries which don’t have adequate data protection

information society service
a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (1)

information society services
e-commerce – comprising any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service

integrity
the assurance that information is trustworthy and accurate

international organisation
an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries

large-scale data processing
examples include – patient data in the regular course of business by a hospital; travel data of individuals using a city’s public transport system (e.g. tracking via travel cards); real time geo-location data of customers of an international fast food chain for statistical purposes by a processor specialized in these activities; customer data in the regular course of business by an insurance company or a bank; personal data for behavioral advertising by a search engine; data (content, traffic, location) by telephone or internet service providers. Examples that do NOT constitute large-scale processing include – processing of patient data by a single physician; processing of personal data relating to criminal convictions and offences by an individual lawyer

main establishment

  • as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment
  • as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation

personal data
any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

personal data breach
a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed

anti-malware
software that is designed to identify and prevent malicious software, or malware, from infecting computer systems or electronic devices

policies
clear and measurable statements of preferred direction and behaviour to condition the decisions made within an organisation

policy
clear and measurable statements of preferred direction and behaviour to condition the decisions made within an organisation

portability
the primary aim of data portability is to facilitate switching from one service provider to another, thus enhancing competition between services

principles
accountability, purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, lawful basis for processing, processing of sensitive personal data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by binding corporate rules

process
a set of interrelated or interacting activities that transforms inputs into outputs

processing
any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction

processor
a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller

profiling
any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements

pseudonymisation
the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person

recipient
a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing

anti-virus
software designed to detect and destroy computer viruses

regular and systematic monitoring
examples include – operating a telecommunications network; providing telecommunications services; email retargeting; profiling and scoring for purposes of risk assessment (e.g. credit scoring, fraud prevention or detection); location tracking (for example, by mobile apps); loyalty programs; behavioural advertising; fitness and health data via wearable devices; CCTV; connected devices

relevant and reasoned objection
an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union

representative
a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation

restriction
for example – temporarily moving the data to another processing system, making the data unavailable to users, or temporarily removing published data from a website. In automated filing systems, the restriction of processing should in principle be ensured by technical means in such a manner that the personal data are not subject to further processing operations and cannot be changed. The fact that the processing of personal data is restricted should be clearly indicated in the system

restriction of processing
the marking of stored personal data with the aim of limiting their processing in the future

risk
a threat of damage, injury, liability, loss, or any other negative occurrence that is caused by external or internal vulnerabilities, and that may be avoided or mitigated through pre-emptive action

sensitive personal data
called ‘special categories of personal data’, including racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation

share
the transfer of a controller’s data subjects’ personal data to another recipient, whether that recipient is a third party or not

sharing
the transfer of a controller’s data subjects’ personal data to another recipient, whether that recipient is a third party or not

special categories
called ‘special categories of personal data’, including racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation

automated decision making
decisions made by machine (computers), without human intervention. For example, to automatically accept or deny an online credit application or the automated processing of CVs that evaluates (profiles) personal aspects of individuals to determine if they will qualify for a position

supervisory authority
an independent public authority which is established by a Member State pursuant to Article 51

supervisory authority concerned
a supervisory authority which is concerned by the processing of personal data because:

  • the controller or processor is established on the territory of the Member State of that supervisory authority
  • data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or
  • a complaint has been lodged with that supervisory authority

technical and organisational measures
internal policies as well as measures which meet the principles of data protection, inter alia – minimising the processing of personal data; pseudonymising personal data as soon as possible; transparency with regard to the functions and processing of personal data; enabling the data subject to monitor the data processing; using processors who provide the appropriate guarantees; ensuring the appropriate security measures, including confidentiality; maintaining data quality; conducting data protection impact assessments; on-going training and awareness of staff

technical or organisational measures
internal policies as well as measures which meet the principles of data protection, inter alia – minimising the processing of personal data; pseudonymising personal data as soon as possible; transparency with regard to the functions and processing of personal data; enabling the data subject to monitor the data processing; using processors who provide the appropriate guarantees; ensuring the appropriate security measures, including confidentiality; maintaining data quality; conducting data protection impact assessments; on-going training and awareness of staff

third party
a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data

track
creating, capturing and maintaining information about the movement and use of records

tracking
creating, capturing and maintaining information about the movement and use of records

availability
the guarantee of reliable access to information by authorised people

binding corporate rules
personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity