A recital is part of the preamble to the GDPR — it explains the reasoning and intent behind the enacting articles. Recitals are not binding in themselves but are used to interpret the Regulation.
Where this Regulation refers to a legal basis or a legislative measure, this does not necessarily require a legislative act adopted by a parliament, without prejudice to requirements pursuant to the constitutional order of the Member State concerned. 2 However, such a legal basis or legislative measure should be clear and precise and its application should be foreseeable to persons subject to it, in accordance with the case-law of the Court of Justice of the European Union (the ‘Court of Justice’) and the European Court of Human Rights.
* This title is an unofficial description.
Recital 40
Recital 42
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Source: Regulation (EU) 2016/679 (OJ L 119, 4.5.2016, p. 1), preamble. Official text reproduced from EUR-Lex — © European Union.
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