Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter IX Provisions relating to specific data processing situations

Article 85 Existing data protection rules of churches and religious associations

October 2013

Article 85(1)

1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, adequate rules relating to the protection of individuals with regard to the processing of personal data, such rules may continue to apply, provided that they are brought in line with the provisions of this Regulation.

Article 85(2)

2. Churches and religious associations which apply adequate rules in accordance with paragraph 1 shall obtain a compliance opinion pursuant to Article 38.

[Source: October 2013]

Recital 128

(128) This Regulation respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States, as recognised in Article 17 of the Treaty on the Functioning of the European Union. As a consequence, where a church in a Member State applies, at the time of entry into force of this Regulation, adequate rules relating to the protection of individuals with regard to the processing of personal data, these existing rules should continue to apply if they are brought in line with this Regulation and recognised as compliant.

[Source: October 2013 | Notes: Recitals | Context: Recitals]

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

Article 85 allows in the light of Article 17 of the Treaty on the Functioning of the European Union for the continuous application of existing comprehensive data protection rules of churches if brought in line with this Regulation.

[Source: January 2012 | Context: Proposal from the European Commission]

Article 85(1) [Amended: October 2013]

1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of individuals with regard to the processing of personal data, such rules may continue to apply, provided that they are brought in line with the provisions of this Regulation.

Article 85(2) [Amended: October 2013]

2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall provide for the establishment of an independent supervisory authority in accordance with Chapter VI of this Regulation.

[Source: January 2012 | Context: Proposal from the European Commission]

Recital 128 [Amended: October 2013]

(128) This Regulation respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States, as recognised in Article 17 of the Treaty on the Functioning of the European Union. As a consequence, where a church in a Member State applies, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of individuals with regard to the processing of personal data, these existing rules should continue to apply if they are brought in line with this Regulation. Such churches and religious associations should be required to provide for the establishment of a completely independent supervisory authority.

[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]