1. This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data.
Article 1 GDPR - Subject-matter and objectives
2. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.
3. The free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data.
Relevant Recitals
- Recital 1 Data Protection as a Fundamental Right
- Recital 2 Respect of the Fundamental Rights and Freedoms
- Recital 3 Directive 95/46/EC Harmonisation
- Recital 4 Data Protection in Balance with Other Fundamental Rights
- Recital 5 Cooperation Between Member States to Exchange Personal Data
- Recital 6 Ensuring a High Level of Data Protection Despite the Increased Exchange of Data
- Recital 7 The Framework is Based on Control and Certainty
- Recital 8 Adoption into National Law
- Recital 9 Different Standards of Protection by the Directive 95/46/EC
- Recital 10 Harmonised Level of Data Protection Despite National Scope
- Recital 11 Harmonisation of the Powers and Sanctions
- Recital 12 Authorisation of the European Parliament and the Council
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
It states the twofold object of the Regulation. Paragraph 1 announces rules on the protection of natural persons with regard to the processing of personal data and rules on the free movement of personal data, while paragraph 2 anchors the instrument in the protection of fundamental rights and freedoms, in particular the right to the protection of personal data.
No. Both paragraphs 1 and 2 refer exclusively to natural persons, and the definition of personal data in Article 4(1) is likewise limited to information relating to an identified or identifiable natural person. Data relating to companies or other legal entities fall outside the Regulation unless they also relate to an identifiable individual.
No. Paragraph 3 provides that the free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data. Because the Regulation itself sets a uniform level of protection, a Member State cannot invoke a supposedly higher national standard to obstruct intra-Union flows.
They are complementary rather than opposed. The Regulation harmonises the protection of natural persons precisely so that personal data can circulate freely within the Union, as paragraph 3 confirms, and free movement is guaranteed only within the framework of the protective rules that the Regulation lays down.
No. Article 1 is programmatic and defines the subject-matter and objectives of the instrument. The operative obligations arise from the subsequent provisions, notably the principles in Article 5, the lawfulness requirements in Article 6 and the duties in Chapters III and IV, although Article 1 guides their interpretation.