Article 30 GDPR

← Article 30 - Records of processing activities →
Chapter 1: General provisions Article 1: Subject-matter and objectives Article 2: Material scope Article 3: Territorial scope Article 4: Definitions Chapter 2: Principles Article 5: Principles relating to processing of personal data Article 6: Lawfulness of processing Article 7: Conditions for consent Article 8: Conditions applicable to child’s consent in relation to information society services Article 9: Processing of special categories of personal data Article 10: Processing of personal data relating to criminal convictions and offences Article 11: Processing which does not require identification Chapter 3: Rights of the data subject Article 12: Transparent information, communication and modalities for the exercise of the rights of the data subject Article 13: Information to be provided where personal data are collected from the data subject Article 14: Information to be provided where personal data have not been obtained from the data subject Article 15: Right of access by the data subject Article 16: Right to rectification Article 17: Right to erasure (‘right to be forgotten’) Article 18: Right to restriction of processing Article 19: Notification obligation regarding rectification or erasure of personal data or restriction of processing Article 20: Right to data portability Article 21: Right to object Article 22: Automated individual decision-making, including profiling Article 23: Restrictions Chapter 4: Controller and processor Article 24: Responsibility of the controller Article 25: Data protection by design and by default Article 26: Joint controllers Article 27: Representatives of controllers or processors not established in the Union Article 28: Processor Article 29: Processing under the authority of the controller or processor Article 30: Records of processing activities Article 31: Cooperation with the supervisory authority Article 32: Security of processing Article 33: Notification of a personal data breach to the supervisory authority Article 34: Communication of a personal data breach to the data subject Article 35: Data protection impact assessment Article 36: Prior consultation Article 37: Designation of the data protection officer Article 38: Position of the data protection officer Article 39: Tasks of the data protection officer Article 40: Codes of conduct Article 41: Monitoring of approved codes of conduct Article 42: Certification Article 43: Certification bodies Chapter 5: Transfers of personal data Article 44: General principle for transfers Article 45: Transfers on the basis of an adequacy decision Article 46: Transfers subject to appropriate safeguards Article 47: Binding corporate rules Article 48: Transfers or disclosures not authorised by Union law Article 49: Derogations for specific situations Article 50: International cooperation for the protection of personal data Chapter 6: Supervisory authorities Article 51: Supervisory authority Article 52: Independence Article 53: General conditions for the members of the supervisory authority Article 54: Rules on the establishment of the supervisory authority Article 55: Competence Article 56: Competence of the lead supervisory authority Article 57: Tasks Article 58: Powers Article 59: Activity reports Chapter 7: Cooperation and consistency Article 60: Cooperation between the lead supervisory authority and the other supervisory authorities concerned Article 61: Mutual assistance Article 62: Joint operations of supervisory authorities Article 63: Consistency mechanism Article 64: Opinion of the Board Article 65: Dispute resolution by the Board Article 66: Urgency procedure Article 67: Exchange of information Article 68: European Data Protection Board Article 69: Independence Article 70: Tasks of the Board Article 71: Reports Article 72: Procedure Article 73: Chair Article 74: Tasks of the Chair Article 75: Secretariat Article 76: Confidentiality Chapter 8: Remedies, liability and penalties Article 77: Right to lodge a complaint with a supervisory authority Article 78: Right to an effective judicial remedy against a supervisory authority Article 79: Right to an effective judicial remedy against a controller or processor Article 80: Representation of data subjects Article 81: Suspension of proceedings Article 82: Right to compensation and liability Article 83: General conditions for imposing administrative fines Article 84: Penalties Chapter 9: Specific processing situations Article 85: Processing and freedom of expression and information Article 86: Processing and public access to official documents Article 87: Processing of the national identification number Article 88: Processing in the context of employment Article 89: Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes Article 90: Obligations of secrecy Article 91: Existing data protection rules of churches and religious associations Chapter 10: Delegated and implementing acts Article 92: Exercise of the delegation Article 93: Committee procedure Chapter 11: Final provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded Agreements Article 97: Commission reports Article 98: Review of other Union legal acts on data protection Article 99: Entry into force and application

Legal Text

Article 30 - Records of processing activities

1. Each controller and, where applicable, the controller's representative, shall maintain a record of processing activities under its responsibility. That record shall contain all of the following information:

(a) the name and contact details of the controller and, where applicable, the joint controller, the controller's representative and the data protection officer;

(b) the purposes of the processing;

(c) a description of the categories of data subjects and of the categories of personal data;

(d) the categories of recipients to whom the personal data have been or will be disclosed including recipients in third countries or international organisations;

(e) where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1), the documentation of suitable safeguards;

(f) where possible, the envisaged time limits for erasure of the different categories of data;

(g) where possible, a general description of the technical and organisational security measures referred to in Article 32(1).

2. Each processor and, where applicable, the processor's representative shall maintain a record of all categories of processing activities carried out on behalf of a controller, containing:

(a) the name and contact details of the processor or processors and of each controller on behalf of which the processor is acting, and, where applicable, of the controller's or the processor's representative, and the data protection officer;

(b) the categories of processing carried out on behalf of each controller;

(c) where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1), the documentation of suitable safeguards;

(d) where possible, a general description of the technical and organisational security measures referred to in Article 32(1).

3. The records referred to in paragraphs 1 and 2 shall be in writing, including in electronic form.

4. The controller or the processor and, where applicable, the controller's or the processor's representative, shall make the record available to the supervisory authority on request.

5. The obligations referred to in paragraphs 1 and 2 shall not apply to an enterprise or an organisation employing fewer than 250 persons unless the processing it carries out is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of data as referred to in Article 9(1) or personal data relating to criminal convictions and offences referred to in Article 10.

Relevant Recitals

Recital 13: Harmonisation of Protection and Advantages for Small and Medium-Sized Enterprises

In order to ensure a consistent level of protection for natural persons throughout the Union and to prevent divergences hampering the free movement of personal data within the internal market, a Regulation is necessary to provide legal certainty and transparency for economic operators, including micro, small and medium-sized enterprises, and to provide natural persons in all Member States with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the processing of personal data, and equivalent sanctions in all Member States as well as effective cooperation between the supervisory authorities of different Member States. The proper functioning of the internal market requires that the free movement of personal data within the Union is not restricted or prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data. To take account of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a derogation for organisations with fewer than 250 employees with regard to record-keeping. In addition, the Union institutions and bodies, and Member States and their supervisory authorities, are encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of this Regulation. The notion of micro, small and medium-sized enterprises should draw from Article 2 of the Annex to Commission Recommendation 2003/361/EC.

Recital 82: Maintenance and Availability of Records

In order to demonstrate compliance with this Regulation, the controller or processor should maintain records of processing activities under its responsibility. Each controller and processor should be obliged to cooperate with the supervisory authority and make those records, on request, available to it, so that it might serve for monitoring those processing operations.

Recital 89: Abolishment of Indiscriminate General Notification

Directive 95/46/EC provided for a general obligation to notify the processing of personal data to the supervisory authorities. While that obligation produces administrative and financial burdens, it did not in all cases contribute to improving the protection of personal data. Such indiscriminate general notification obligations should therefore be abolished, and replaced by effective procedures and mechanisms which focus instead on those types of processing operations which are likely to result in a high risk to the rights and freedoms of natural persons by virtue of their nature, scope, context and purposes. Such types of processing operations may be those which in, particular, involve using new technologies, or are of a new kind and where no data protection impact assessment has been carried out before by the controller, or where they become necessary in the light of the time that has elapsed since the initial processing.

Commentary on Article 30

Under Article 30 GDPR controllers and processors must maintain a record of each processing activity (Article 4(2) GDPR). This obligation represents the expression of several data processing principles. On the one hand, it achieves accountability, as it allows the controller to keep track of its processing and amend it where necessary. On the other hand, it increases the overall transparency of the operations and makes it easier for the data subject to respond to requests to exercise his rights. In concrete terms, as we shall see, the register is nothing more than an updated written account of the main elements of the processing.

(1) Record of Processing Activities by the Controller

Article 30(1) GDPR provides a non-exhaustive list of the elements that constitute the record of processing activities.

First, the (a) name and contact details of the controller and, where applicable, the joint controller(s), the controller's representative and the data protection officer. This information is intended to enable an unambiguous identification of the controller(s) and whoever else is responsible under the GDPR. The notion of 'contact details' is not limited to a simple email address. Rather, it must contain all the elements that make it possible to contact a particular person or, where appropriate, reach him or her for an inspection. Thus, in addition to the email address, also the physical address, telephone number and contact person.

Then, under Article 30(1)(b), the controller must provide a description of the purposes of the processing. Interestingly, this provision does not demand a description of the legal basis for the processing operations. However, this gap should be filled by interpreting the text in line with the principles of fair processing. In particular, in the light of the principle of accountability, according to which the controller must be able to demonstrate compliance with the Regulation, the same must have a "firm and reasoned notion about the legal basis of processing before it starts any operation, and this notion should be verifiable by means of its records. Thus, in order for the keeping of records to be meaningful, it will be necessary for the controller to be able to demonstrate on which legal basis it relies in its processing".

The record of processing activities shall also provide a description of the categories of data subjects and of the categories of personal data (Article 30(1)(c) GDPR). A category is a uniform group to which someone or something belongs. Examples of categories in this case are, "website visitors", "clinic patients", "employees". Same goes for the categories of personal data, "website clicks", "diagnosis", "holiday leave", "union affiliations". Scholars correctly note that each category of personal data should be tied to the category of data subject it belongs to. For example, the record should clearly show that the two categories "holiday leave" and "union affiliations" are processed with regard to the "employees" category.

Under Article 30(1)(d), the controller should describe the categories of recipients to whom the personal data have been or will be disclosed. The literal wording of the provision suggests that, in this case, only the categories of addressees have to be indicated: "suppliers", "accountants", "marketing consultants", "legal advisors". Such vagueness, however, does not seem advisable. Other provisions of the GDPR require the controller to keep track of individual recipients. Examples include Article 15(1)(c), which requires disclosure of 'recipients or categories of recipients', or Article 19, which requires disclosure of specific recipients 'if the data subject requests it'. Accordingly, in view of the accountability function of the record of processing activities, it would make little sense to not specify the recipients.

In accordance with Article 30(1)(e), the controller shall provide information regarding the transfers of personal data to a third country or an international organisation and, in the case of the applicability of Article 49(1) GDPR, the documentation of suitable safeguards. There is no obligation to name the means by which the controller intends to "ensure an adequate level of protection on the part of the foreign recipient of the data. Additional information is needed only if a data transfer shall, exceptionally, be based on Article 49(1), second subparagraph, which pertains to occasional ('non-repetitive') transfers of data about a limited number of data subjects and for compelling legitimate interests".

Finally, the controller must clarify (f) the envisaged time limits for erasure of different categories of data and, where possible, a (g) general description of the technical and organisational security measures referred to in Article 32(1) GDPR.

(2) Record of Processing Activities by the Processor

Article 30(2) sets out the rules governing the keeping of records of processing activities by the processor. These rules, which partly overlap with those set out in paragraph 1 above, provide in particular for an obligation on the processor to record (a) the name and contact details of the controller on behalf of which the processor is acting as well as the name and contact details of other processors; (b) the categories of processing carried out on behalf of each controller; (c) where applicable, information on the transfers of personal data to a third country or an international organisation and, in the case of the applicability of Article 49(1) GDPR, the documentation of suitable safeguards; (d) a general description of the technical and organisational security measures referred to in Article 32(1) GDPR.

(3) Written Form

The records shall be in writing; this includes as well electronic formats. The record should be ketp up to date. Otherwise it would not be possible to comply with, among the others, the accountability and transparency principles. It would also be impossible to provide the data protection authority with such records when requested under Article 30(4) GDPR. Due to the principle of accountability (Article 5(2) GDPR), changes have to be transparent and traceable, e.g. who has been the controller/processor or data protection officer etc. at a certain point in time. This kind of documentation of changes should be kept for a certain amount of time.

(4) Provision to Supervisory Authority

The supervisory authorities can assess controllers and processor as general control measure, but also in case of data breaches and complaints of data subjects. This is why a records of processing activities needs to be available at any time to provide the DPA with it upon request.

(5) Exceptions

An enterprise or an organisation employing less than 250 persons is not obliged to implement the record of processing. However, the exception is not applicable if such an organisation carries out processing that is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of data (Article 9(1) GDPR) or personal data relating to criminal convictions and offences referred to in Article 10 GDPR.

Decisions

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