EdLaw int/eu/gdpr/README.md

language: en · status: in-force · last checked: 2026-10-06

General Data Protection Regulation (Regulation (EU) 2016/679)

The EU's data protection regulation, applicable since 25 May 2018 (Article 99 of the consolidated text). It applies to controllers/processors established in the EU and, extraterritorially, to those offering goods or services to (or monitoring) data subjects in the EU (Article 3). Enforced by national supervisory authorities, coordinated by the European Data Protection Board (EDPB).

This folder reproduces the EdTech-critical articles verbatim; the UK GDPR sibling carries the fuller retained-and-amended UK text. The two instruments share ancestry but have diverged materially since the UK's amendments:

Topic EU GDPR (this folder) UK GDPR
Child's consent age (ISS) 16 by default; Member States may lower to not below 13 (Art. 8) Fixed at 13 (Art. 8)
Automated decision-making Art. 22 in force Art. 22 repealed; regime is Arts. 22A–22D (DATA-SUBJECT-RIGHTS.md)
Fine ceilings EUR 10m/2% and EUR 20m/4% (Art. 83) £8.7m/2% and £17.5m/4% (ENFORCEMENT.md)
International transfers Arts. 44–49, adequacy decisions by the Commission (INTERNATIONAL-TRANSFERS.md) Restructured as Arts. 44A–49A, transfers approved by Secretary of State regulations (INTERNATIONAL-TRANSFERS.md)
Regulator National supervisory authorities + EDPB The Information Commissioner

Applicability to EdTech

Relevant wherever an EdTech service is offered to schools or users in the EU: the higher default consent age for children, the still-in-force Article 22 automated-decision regime, and the EU transfer rules (including the EU–UK relationship, which rests on an EU adequacy decision for the UK) all surface in EU customer RFIs.

Contents

Document Covers
PRINCIPLES.md Art. 5 — processing principles
LAWFUL-BASES.md Arts. 6, 7, 9 — lawfulness, consent, special categories
CHILDREN.md Art. 8 — child's consent (16 default / 13 floor)
AUTOMATED-DECISIONS.md Art. 22 — automated individual decision-making
DATA-SUBJECT-RIGHTS.md Arts. 12–21, 23 — transparency, information, access, rectification, erasure, restriction, portability, objection; restrictions
CONTROLLER-PROCESSOR.md Arts. 24–31, 37–39 — controller responsibility, data protection by design and by default, joint controllers, representatives, processor contracts, processing under authority, records, cooperation, data protection officers
SECURITY-AND-BREACH.md Arts. 32–34 — security, breach notification
DPIA.md Arts. 35–36 — data protection impact assessment, prior consultation
CODES-AND-CERTIFICATION.md Arts. 40–43 — codes of conduct, monitoring, certification, certification bodies
INTERNATIONAL-TRANSFERS.md Arts. 44–46, 49 — transfers
ENFORCEMENT.md Art. 83 — administrative fines

Scope note: remaining articles (Chapter VI supervisory authorities, Chapter VII cooperation and consistency, remedies 77–82, and others) can be added with the same tooling when needed. A Cellar query on 2026-10-06 found no act amending Regulation (EU) 2016/679 and no consolidation later than 02016R0679-20160504.

Licence

The corpus reproduces the EUR-Lex consolidated text of Regulation (EU) 2016/679 (CELEX 02016R0679-20160504).

The EUR-Lex legal notice (eur-lex.europa.eu/content/legal-notice/legal-notice.html, read 2026-10-01 in the Internet Archive copy captured that day, because EUR-Lex refuses non-browser clients) says: "© European Union, 1998-2026 The Commission’s document reuse policy is based on Decision 2011/833/EU. Unless otherwise specified, you can re-use the legal documents published in EUR-Lex for commercial or non-commercial purposes." For consolidated texts it adds: "The copyright for the editorial content of this website, the summaries of EU legislation and the consolidated texts, which is owned by the EU, is licensed under the Creative Commons Attribution 4.0 International licence. This means that you can re-use the content provided you acknowledge the source and indicate any changes you have made."

Commission Decision 2011/833/EU on the reuse of Commission documents (OJ L 330, 14.12.2011, p. 39, read in the Publications Office Cellar copy on 2026-10-01) provides in Article 4 that "All documents shall be available for reuse: (a) for commercial or non-commercial purposes under the conditions laid down in Article 6", and Article 6(2) lists the conditions that may be attached: "(a) the obligation for the reuser to acknowledge the source of the documents; (b) the obligation not to distort the original meaning or message of the documents; (c) the non-liability of the Commission for any consequence stemming from the reuse."

Conditions, and how this corpus meets them:

The EDPB guidelines linked from each document are cited, not reproduced.

Sources