GDPR Recitals

Recital 45Fulfillment of Legal Obligations

All 173 Recitals Regulation (EU) 2016/679

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 processing is carried out in accordance with a legal obligation to which the controller is subject or where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, the processing should have a basis in Union or Member State law. 2 This Regulation does not require a specific law for each individual processing. 3 A law as a basis for several processing operations based on a legal obligation to which the controller is subject or where processing is necessary for the performance of a task carried out in the public interest or in the exercise of an official authority may be sufficient. 4 It should also be for Union or Member State law to determine the purpose of processing. 5 Furthermore, that law could specify the general conditions of this Regulation governing the lawfulness of personal data processing, establish specifications for determining the controller, the type of personal data which are subject to the processing, the data subjects concerned, the entities to which the personal data may be disclosed, the purpose limitations, the storage period and other measures to ensure lawful and fair processing. 6 It should also be for Union or Member State law to determine whether the controller performing a task carried out in the public interest or in the exercise of official authority should be a public authority or another natural or legal person governed by public law, or, where it is in the public interest to do so, including for health purposes such as public health and social protection and the management of health care services, by private law, such as a professional association.

* This title is an unofficial description.

Recital 44

Recital 46

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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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