חומר רקע
20
באפריל 2023 כ"ט בð,יסן התשפ"ג
טיוטת תקðותהגðת הפרטיות )הוראותלעðיןמידעשהועברלישראל מהאזורהכלכלי האירופי,(
התשפ"ג-
3
202
- חלקים רלווðטיים מתקðות
ה-
GDPR
הðחיות ל
בחיðה
ובחיð,ה
מחדש:
Recital 106. Monitoring andPeriodicReview of the Level of DataProtection*
1The Commissionshould monitorthe functioningof decisions on the level of protectionina third
country, a territory or specified sector within a third country, or an international organisation, and
monitorthefunctioningof decisionsadopted on the basis of Article 25(6)or Article 26(4) of
Directive 95/46/EC. 2In its adequacy decisions, the Commission should provide for a periodic
review mechanism of their functioning. 3That periodic review should be conductedinconsultation
with the third country orinternational organisation inquestionandtake into accountall relevant
developments in the thirdcountryor internationalorganisation. 4For the purposes of monitoringand
of carrying out the periodic reviews, the Commission should take intoconsideration the views and
findings of the European Parliament and of the Councilas well as of other relevant bodiesand
sources. 5The Commission shouldevaluate, withina reasonable time, thefunctioningof the latter
decisions and report anyrelevantfindings tothe Committee within the meaning of Regulation (EU)
No 182/2011 of the European Parliamentand of the Council (12) asestablished under this
Regulation, tothe European Parliamentand to the Council.
1. When assessing the adequacy of the level of protection, the Commission shall, in
particular, take account of the following elements:
1. the rule of law, respectfor human rights and fundamental freedoms, relevant
legislation, both generalandsectoral, includingconcerning public security, defence,
national securityand criminal law andtheaccess of public authorities to personal
data, as wellas the implementation of suchlegislation, data protectionrules,
professional rules andsecurity measures, including rules for the onwardtransfer of
personal data toanother third country or international organisationwhichare
complied with in thatcountryor international organisation, case-law, as well as
effective and enforceable data subjectrights andeffective administrative and judicial
redress for the data subjects whose personal data are being transferred;
2. the existence and effective functioningof one or more independentsupervisory
authoritiesin the third countryor to whichan international organisationis subject,
with responsibility forensuring andenforcing compliance with the data protection
rules, including adequate enforcementpowers, for assistingandadvising the data
subjects in exercisingtheir rights and forcooperation withthe supervisory
authoritiesof the Member States;and
3. the internationalcommitments the thirdcountryor international organisation
concernedhas entered into, or other obligations arisingfrom legally binding
1
conventions or instruments as well asfrom its participationin multilateral or
regional systems, inparticular in relation to the protection of personal data.
Chapter 5: Art. 45:Transfersonthe basis of an adequacy decision
1.
1A transfer of personal datatoa third countryor an international organisationmay takeplacewhere
the Commissionhasdecided that thethird country, aterritoryor one or morespecified sectorswithin
that thirdcountry, or the international organisation in question ensuresan adequate level of
protection. 2Sucha transfer shall not require any specific authorisation.
2. Whenassessing theadequacy of the level of protection, the Commission shall, in particular, take
account of thefollowingelements:
1. the ruleof law, respect for human rightsandfundamentalfreedoms, relevant legislation,
both general and sectoral,includingconcerningpublic security, defence, national security and
criminal law and the access of public authoritiestopersonal data, as well asthe implementation
of such legislation, data protection rules, professional rulesand security measures,
including rulesfortheonward transferof personal data to another thirdcountryor
international organisation which arecomplied withinthatcountryor international
organisation, case-law, as well as effectiveand enforceabledata subject rights and effective
administrative and judicialredress for the datasubjects whosepersonaldata arebeing
transferred;
2. the existence and effectivefunctioning of oneor moreindependent supervisory authorities
in thethird country or towhich an internationalorganisation issubject, with responsibilityfor
ensuring and enforcing compliancewith thedata protection rules,includingadequate
enforcement powers, forassisting and advising thedata subjectsin exercising theirrights
and for cooperation withthesupervisory authoritiesoftheMemberStates; and
3. the international commitments thethird country or international organisation concerned
hasenteredinto, orotherobligations arisingfromlegallybindingconventions or instruments as
well asfrom itsparticipation in multilateral or regional systems, in particularin relationto the
protection of personal data.
3.
1TheCommission, after assessingthe adequacyof thelevel of protection, maydecide,bymeans of
implementingact, that athird country, aterritoryor oneormore specifiedsectors within a third
country, or an internationalorganisation ensures anadequatelevel of protection within themeaningof
paragraph 2 of this Article. 2The implementing act shall provide fora mechanismfora periodic
review, atleast every four years, which shall takeinto account all relevant developments in thethird
countryor international organisation. 3The implementingact shall specifyits territorial and sectoral
application and, whereapplicable,identifythesupervisoryauthorityor authoritiesreferred to inpoint
(b) of paragraph 2of thisArticle. 4The implementingact shall beadopted in accordancewith the
examination procedurereferredtoin Article93(2).
4. The Commission shall, onan ongoingbasis, monitor developmentsinthird countriesand international
organisations that could affect the functioningof decisionsadoptedpursuant toparagraph 3 of this
Article and decisions adopted on thebasis of Article25(6)of Directive95/46/EC.
5.
1TheCommission shall, where availableinformationreveals,in particular followingthereview
referred to in paragraph 3 of this Article,that athird country,aterritoryor one ormorespecified
sectorswithina third country, or an international organisation nolonger ensuresanadequate level of
protection withinthemeaningof paragraph 2 of thisArticle, tothe extent necessary,repeal, amend or
suspend thedecision referred to in paragraph 3 of this Articlebymeans of implementingactswithout
retro-active effect. 2Thoseimplementingacts shall beadoptedin accordance withtheexamination
procedurereferredto in Article 93(2).
3On dulyjustifiedimperative grounds of urgency, theCommission shall adoptimmediately applicable
implementingacts in accordancewith the procedurereferred toin Article 93(3).
2
6. The Commission shall enterintoconsultationswith thethird countryorinternational organisation
witha view to remedyingthesituation givingriseto thedecisionmadepursuant to paragraph 5.
7. Adecision pursuant to paragraph 5 of this Articleiswithout prejudicetotransfersof personal datato
the third country,aterritoryor one or morespecified sectorswithin thatthirdcountry,or the
international organisation in question pursuantto Articles46 to 49.
8. The Commission shall publish inthe Official Journal of theEuropean Union andon itswebsitealist
of the third countries, territoriesand specified sectorswithina third countryandinternational
organisations for whichit hasdecided that an adequate level of protectionis or isno longer ensured.
9. Decisions adopted bytheCommission on the basisof Article 25(6)of Directive 95/46/EC shall
remain in force until amended, replacedor repealed by aCommission Decision adopted inaccordance
withparagraph 3 or 5 of this Article.
זכות המחיקה:
Art. 17 GDPR. Rightto erasure(‘right tobe forgotten’)
1. The data subject shall have the right toobtainfromthe controllerthe erasureof personal data
concerninghimor her without undue delay and the controller shall have theobligation to erase
personal datawithout unduedelaywhereoneof the following grounds applies:
1. the personal data areno longer necessaryin relation tothepurposesforwhich theywere
collectedorotherwiseprocessed;
2. the data subject withdraws consent on which theprocessingisbased accordingto point (a)
of Article6(1), orpoint (a) of Article9(2), and wherethereis no other legal ground forthe
processing;
3. the data subject objectstotheprocessingpursuant to Article 21(1) andthereareno overriding
legitimategroundsfor theprocessing,or thedata subject objects to theprocessing pursuant
to Article21(2);
4. the personal data havebeen unlawfullyprocessed;
5. the personal data haveto be erased for compliancewith alegalobligationinUnion or Member
Statelaw to whichthecontroller is subject;
6. the personal data havebeen collected in relationto the offer of information society services
referred to in Article 8(1).
2. Where the controller hasmade the personal datapublicand is obliged pursuant toparagraph1 to erase
the personal data, the controller,taking account of availabletechnology and thecost of
implementation, shall take reasonablesteps, includingtechnicalmeasures, to informcontrollers
which areprocessingthepersonaldatathat thedata subject hasrequested theerasurebysuch
controllersof anylinksto,or copy or replicationof,thosepersonal data.
3. Paragraphs 1 and 2 shall not apply tothe extent that processing is necessary:
1. for exercisingtheright of freedomof expression and information;
2. for compliancewith alegal obligation which requires processingbyUnion or Member State
lawto which thecontrolleris subject or fortheperformanceof atask carried outin thepublic
interest or intheexerciseof official authorityvested inthecontroller;
3. for reasonsof public interest in thearea of public healthin accordance with points (h) and (i)
of Article9(2) as well as Article9(3);
3
4. for archivingpurposesin thepublicinterest,scientificorhistorical researchpurposes or
statistical purposes in accordancewith Article 89(1) in so farastheright referred to in
paragraph 1 islikelyto render impossibleor seriouslyimpair theachievement of theobjectives
of that processing; or
5. for the establishment, exercise ordefenceof legal claims.
חובת גילוי:
Art. 13 GDPR Information to be providedwhere personal data arecollected fromthe data subject:
1. Where personal datarelatingto a data subjectare collected fromthedata subject, the controller shall, at the
time whenpersonal data are obtained, provide the data subject with all of the following information:
1. the identity and the contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processingfor which the personal data are intended as well asthe legal basis for the
processing;
4. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, the fact that the controller intendsto transfer personal datatoa third country or
international organisation andthe existence or absence of an adequacydecision bythe Commission, or
in the case of transfersreferredtoin Article 46 or 47, or the second subparagraph of Article 49(1),
reference to the appropriate or suitable safeguardsandthe means bywhichto obtaina copy of them or
where theyhave been made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall, at the time whenpersonaldata are
obtained, providethe data subject withthe following further information necessarytoensure fair andtransparent
processing:
1. the period for which the personal data will be stored, or if that is not possible, the criteria usedto
determine that period;
2. the existence of the right to request fromthe controller accessto and rectification or erasure of
personaldataor restriction of processing concerning the data subject or to object to processing as
well as the right to data portability;
3. where the processingis basedon point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the
right to withdraw consent atanytime, without affectingthe lawfulness of processing based on consent
before its withdrawal;
4. the right tolodge a complaint with a supervisoryauthority;
5. whether the provision of personal data is a statutory or contractualrequirement, or a requirement
necessarytoenter into a contract, as well as whether the data subjectis obliged toprovide the personal
data and of the possible consequences of failure to provide such data;
4
6. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were collected, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
4. Paragraphs 1, 2and 3 shall not applywhere and insofar as the data subject already has the information.
Art. 14 GDPR Information to be providedwhere personal data havenot beenobtainedfromthe data
subject
1. Where personal datahave not been obtained fromthe data subject, the controller shall provide the data subject
with the followinginformation:
1. the identityandthe contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processing for whichthe personal data are intendedas well as the legal basis for the
processing;
4. the categories of personal data concerned;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, that the controller intends to transfer personaldata to a recipientina third countryor
international organisationand the existence or absence of an adequacydecision bythe Commission, or in
the case of transfers referred toin Article 46 or 47, or the secondsubparagraph of Article 49(1), reference
to the appropriate or suitable safeguardsand the means to obtain a copyof themor where theyhave been
made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall provide the data subject withthe
followinginformation necessarytoensure fair and transparentprocessing in respect of the data subject:
1. the periodfor which the personal data will be stored, or if that is not possible, the criteria used to
determine that period;
2. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
3. the existence of the right torequest from the controller access toand rectification or erasure of personal
data or restriction of processingconcerning the data subject andto object to processingas well as the right
to data portability;
4. where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right
to withdraw consent atany time, without affecting the lawfulness of processing based on consentbefore
its withdrawal;
5. the right tolodge a complaint with a supervisoryauthority;
6. from which source the personal data originate, andif applicable, whether it came from publiclyaccessible
sources;
5
7. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. The controller shall provide the information referredtoin paragraphs 1 and 2:
1. within areasonable period after obtaining the personaldata, but at the latest within one month,
having regardto the specific circumstancesin which the personal data are processed;
2. if the personal data are to be used for communicationwiththe data subject, at the latest at the time of the
first communication tothatdata subject; or
3. if a disclosure toanother recipientis envisaged, at the latest when the personal data are firstdisclosed.
4. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were obtained, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
5. Paragraphs 1to4 shall not apply where and insofar as:
1. the data subjectalreadyhas the information;
2. the provision of such information proves impossible or would involve a disproportionate effort, in
particular for processing for archivingpurposesin the public interest, scientific or historical research
purposes or statistical purposes, subject to the conditions andsafeguards referred to in Article 89(1) or in
sofar as the obligationreferredto in paragraph1 of this Article is likelyto render impossible or seriously
impair the achievement of the objectives of thatprocessing. In suchcasesthe controller shall take
appropriate measures to protect the data subject’s rights and freedoms andlegitimate interests, including
makingthe information publiclyavailable;
3. obtaining or disclosure is expresslylaid down by Union or Member State law towhichthe controller is
subject andwhichprovides appropriate measures to protect the data subject’s legitimate interests; or
4. where the personal data must remainconfidential subjecttoan obligation of professional secrecyregulated
byUnion or Member State law, includinga statutoryobligation of secrecy.
6
20
באפריל 2023 כ"ט בð,יסן התשפ"ג
טיוטת תקðותהגðת הפרטיות )הוראותלעðיןמידעשהועברלישראל מהאזורהכלכלי האירופי,(
התשפ"ג-
3
202
- חלקים רלווðטיים מתקðות
ה-
GDPR
הðחיות ל
בחיðה
ובחיð,ה
מחדש:
Recital 106. Monitoring andPeriodicReview of the Level of DataProtection*
1The Commissionshould monitorthe functioningof decisions on the level of protectionina third
country, a territory or specified sector within a third country, or an international organisation, and
monitorthefunctioningof decisionsadopted on the basis of Article 25(6)or Article 26(4) of
Directive 95/46/EC. 2In its adequacy decisions, the Commission should provide for a periodic
review mechanism of their functioning. 3That periodic review should be conductedinconsultation
with the third country orinternational organisation inquestionandtake into accountall relevant
developments in the thirdcountryor internationalorganisation. 4For the purposes of monitoringand
of carrying out the periodic reviews, the Commission should take intoconsideration the views and
findings of the European Parliament and of the Councilas well as of other relevant bodiesand
sources. 5The Commission shouldevaluate, withina reasonable time, thefunctioningof the latter
decisions and report anyrelevantfindings tothe Committee within the meaning of Regulation (EU)
No 182/2011 of the European Parliamentand of the Council (12) asestablished under this
Regulation, tothe European Parliamentand to the Council.
1. When assessing the adequacy of the level of protection, the Commission shall, in
particular, take account of the following elements:
1. the rule of law, respectfor human rights and fundamental freedoms, relevant
legislation, both generalandsectoral, includingconcerning public security, defence,
national securityand criminal law andtheaccess of public authorities to personal
data, as wellas the implementation of suchlegislation, data protectionrules,
professional rules andsecurity measures, including rules for the onwardtransfer of
personal data toanother third country or international organisationwhichare
complied with in thatcountryor international organisation, case-law, as well as
effective and enforceable data subjectrights andeffective administrative and judicial
redress for the data subjects whose personal data are being transferred;
2. the existence and effective functioningof one or more independentsupervisory
authoritiesin the third countryor to whichan international organisationis subject,
with responsibility forensuring andenforcing compliance with the data protection
rules, including adequate enforcementpowers, for assistingandadvising the data
subjects in exercisingtheir rights and forcooperation withthe supervisory
authoritiesof the Member States;and
3. the internationalcommitments the thirdcountryor international organisation
concernedhas entered into, or other obligations arisingfrom legally binding
1
conventions or instruments as well asfrom its participationin multilateral or
regional systems, inparticular in relation to the protection of personal data.
Chapter 5: Art. 45:Transfersonthe basis of an adequacy decision
1.
1A transfer of personal datatoa third countryor an international organisationmay takeplacewhere
the Commissionhasdecided that thethird country, aterritoryor one or morespecified sectorswithin
that thirdcountry, or the international organisation in question ensuresan adequate level of
protection. 2Sucha transfer shall not require any specific authorisation.
2. Whenassessing theadequacy of the level of protection, the Commission shall, in particular, take
account of thefollowingelements:
1. the ruleof law, respect for human rightsandfundamentalfreedoms, relevant legislation,
both general and sectoral,includingconcerningpublic security, defence, national security and
criminal law and the access of public authoritiestopersonal data, as well asthe implementation
of such legislation, data protection rules, professional rulesand security measures,
including rulesfortheonward transferof personal data to another thirdcountryor
international organisation which arecomplied withinthatcountryor international
organisation, case-law, as well as effectiveand enforceabledata subject rights and effective
administrative and judicialredress for the datasubjects whosepersonaldata arebeing
transferred;
2. the existence and effectivefunctioning of oneor moreindependent supervisory authorities
in thethird country or towhich an internationalorganisation issubject, with responsibilityfor
ensuring and enforcing compliancewith thedata protection rules,includingadequate
enforcement powers, forassisting and advising thedata subjectsin exercising theirrights
and for cooperation withthesupervisory authoritiesoftheMemberStates; and
3. the international commitments thethird country or international organisation concerned
hasenteredinto, orotherobligations arisingfromlegallybindingconventions or instruments as
well asfrom itsparticipation in multilateral or regional systems, in particularin relationto the
protection of personal data.
3.
1TheCommission, after assessingthe adequacyof thelevel of protection, maydecide,bymeans of
implementingact, that athird country, aterritoryor oneormore specifiedsectors within a third
country, or an internationalorganisation ensures anadequatelevel of protection within themeaningof
paragraph 2 of this Article. 2The implementing act shall provide fora mechanismfora periodic
review, atleast every four years, which shall takeinto account all relevant developments in thethird
countryor international organisation. 3The implementingact shall specifyits territorial and sectoral
application and, whereapplicable,identifythesupervisoryauthorityor authoritiesreferred to inpoint
(b) of paragraph 2of thisArticle. 4The implementingact shall beadopted in accordancewith the
examination procedurereferredtoin Article93(2).
4. The Commission shall, onan ongoingbasis, monitor developmentsinthird countriesand international
organisations that could affect the functioningof decisionsadoptedpursuant toparagraph 3 of this
Article and decisions adopted on thebasis of Article25(6)of Directive95/46/EC.
5.
1TheCommission shall, where availableinformationreveals,in particular followingthereview
referred to in paragraph 3 of this Article,that athird country,aterritoryor one ormorespecified
sectorswithina third country, or an international organisation nolonger ensuresanadequate level of
protection withinthemeaningof paragraph 2 of thisArticle, tothe extent necessary,repeal, amend or
suspend thedecision referred to in paragraph 3 of this Articlebymeans of implementingactswithout
retro-active effect. 2Thoseimplementingacts shall beadoptedin accordance withtheexamination
procedurereferredto in Article 93(2).
3On dulyjustifiedimperative grounds of urgency, theCommission shall adoptimmediately applicable
implementingacts in accordancewith the procedurereferred toin Article 93(3).
2
6. The Commission shall enterintoconsultationswith thethird countryorinternational organisation
witha view to remedyingthesituation givingriseto thedecisionmadepursuant to paragraph 5.
7. Adecision pursuant to paragraph 5 of this Articleiswithout prejudicetotransfersof personal datato
the third country,aterritoryor one or morespecified sectorswithin thatthirdcountry,or the
international organisation in question pursuantto Articles46 to 49.
8. The Commission shall publish inthe Official Journal of theEuropean Union andon itswebsitealist
of the third countries, territoriesand specified sectorswithina third countryandinternational
organisations for whichit hasdecided that an adequate level of protectionis or isno longer ensured.
9. Decisions adopted bytheCommission on the basisof Article 25(6)of Directive 95/46/EC shall
remain in force until amended, replacedor repealed by aCommission Decision adopted inaccordance
withparagraph 3 or 5 of this Article.
זכות המחיקה:
Art. 17 GDPR. Rightto erasure(‘right tobe forgotten’)
1. The data subject shall have the right toobtainfromthe controllerthe erasureof personal data
concerninghimor her without undue delay and the controller shall have theobligation to erase
personal datawithout unduedelaywhereoneof the following grounds applies:
1. the personal data areno longer necessaryin relation tothepurposesforwhich theywere
collectedorotherwiseprocessed;
2. the data subject withdraws consent on which theprocessingisbased accordingto point (a)
of Article6(1), orpoint (a) of Article9(2), and wherethereis no other legal ground forthe
processing;
3. the data subject objectstotheprocessingpursuant to Article 21(1) andthereareno overriding
legitimategroundsfor theprocessing,or thedata subject objects to theprocessing pursuant
to Article21(2);
4. the personal data havebeen unlawfullyprocessed;
5. the personal data haveto be erased for compliancewith alegalobligationinUnion or Member
Statelaw to whichthecontroller is subject;
6. the personal data havebeen collected in relationto the offer of information society services
referred to in Article 8(1).
2. Where the controller hasmade the personal datapublicand is obliged pursuant toparagraph1 to erase
the personal data, the controller,taking account of availabletechnology and thecost of
implementation, shall take reasonablesteps, includingtechnicalmeasures, to informcontrollers
which areprocessingthepersonaldatathat thedata subject hasrequested theerasurebysuch
controllersof anylinksto,or copy or replicationof,thosepersonal data.
3. Paragraphs 1 and 2 shall not apply tothe extent that processing is necessary:
1. for exercisingtheright of freedomof expression and information;
2. for compliancewith alegal obligation which requires processingbyUnion or Member State
lawto which thecontrolleris subject or fortheperformanceof atask carried outin thepublic
interest or intheexerciseof official authorityvested inthecontroller;
3. for reasonsof public interest in thearea of public healthin accordance with points (h) and (i)
of Article9(2) as well as Article9(3);
3
4. for archivingpurposesin thepublicinterest,scientificorhistorical researchpurposes or
statistical purposes in accordancewith Article 89(1) in so farastheright referred to in
paragraph 1 islikelyto render impossibleor seriouslyimpair theachievement of theobjectives
of that processing; or
5. for the establishment, exercise ordefenceof legal claims.
חובת גילוי:
Art. 13 GDPR Information to be providedwhere personal data arecollected fromthe data subject:
1. Where personal datarelatingto a data subjectare collected fromthedata subject, the controller shall, at the
time whenpersonal data are obtained, provide the data subject with all of the following information:
1. the identity and the contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processingfor which the personal data are intended as well asthe legal basis for the
processing;
4. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, the fact that the controller intendsto transfer personal datatoa third country or
international organisation andthe existence or absence of an adequacydecision bythe Commission, or
in the case of transfersreferredtoin Article 46 or 47, or the second subparagraph of Article 49(1),
reference to the appropriate or suitable safeguardsandthe means bywhichto obtaina copy of them or
where theyhave been made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall, at the time whenpersonaldata are
obtained, providethe data subject withthe following further information necessarytoensure fair andtransparent
processing:
1. the period for which the personal data will be stored, or if that is not possible, the criteria usedto
determine that period;
2. the existence of the right to request fromthe controller accessto and rectification or erasure of
personaldataor restriction of processing concerning the data subject or to object to processing as
well as the right to data portability;
3. where the processingis basedon point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the
right to withdraw consent atanytime, without affectingthe lawfulness of processing based on consent
before its withdrawal;
4. the right tolodge a complaint with a supervisoryauthority;
5. whether the provision of personal data is a statutory or contractualrequirement, or a requirement
necessarytoenter into a contract, as well as whether the data subjectis obliged toprovide the personal
data and of the possible consequences of failure to provide such data;
4
6. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were collected, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
4. Paragraphs 1, 2and 3 shall not applywhere and insofar as the data subject already has the information.
Art. 14 GDPR Information to be providedwhere personal data havenot beenobtainedfromthe data
subject
1. Where personal datahave not been obtained fromthe data subject, the controller shall provide the data subject
with the followinginformation:
1. the identityandthe contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processing for whichthe personal data are intendedas well as the legal basis for the
processing;
4. the categories of personal data concerned;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, that the controller intends to transfer personaldata to a recipientina third countryor
international organisationand the existence or absence of an adequacydecision bythe Commission, or in
the case of transfers referred toin Article 46 or 47, or the secondsubparagraph of Article 49(1), reference
to the appropriate or suitable safeguardsand the means to obtain a copyof themor where theyhave been
made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall provide the data subject withthe
followinginformation necessarytoensure fair and transparentprocessing in respect of the data subject:
1. the periodfor which the personal data will be stored, or if that is not possible, the criteria used to
determine that period;
2. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
3. the existence of the right torequest from the controller access toand rectification or erasure of personal
data or restriction of processingconcerning the data subject andto object to processingas well as the right
to data portability;
4. where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right
to withdraw consent atany time, without affecting the lawfulness of processing based on consentbefore
its withdrawal;
5. the right tolodge a complaint with a supervisoryauthority;
6. from which source the personal data originate, andif applicable, whether it came from publiclyaccessible
sources;
5
7. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. The controller shall provide the information referredtoin paragraphs 1 and 2:
1. within areasonable period after obtaining the personaldata, but at the latest within one month,
having regardto the specific circumstancesin which the personal data are processed;
2. if the personal data are to be used for communicationwiththe data subject, at the latest at the time of the
first communication tothatdata subject; or
3. if a disclosure toanother recipientis envisaged, at the latest when the personal data are firstdisclosed.
4. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were obtained, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
5. Paragraphs 1to4 shall not apply where and insofar as:
1. the data subjectalreadyhas the information;
2. the provision of such information proves impossible or would involve a disproportionate effort, in
particular for processing for archivingpurposesin the public interest, scientific or historical research
purposes or statistical purposes, subject to the conditions andsafeguards referred to in Article 89(1) or in
sofar as the obligationreferredto in paragraph1 of this Article is likelyto render impossible or seriously
impair the achievement of the objectives of thatprocessing. In suchcasesthe controller shall take
appropriate measures to protect the data subject’s rights and freedoms andlegitimate interests, including
makingthe information publiclyavailable;
3. obtaining or disclosure is expresslylaid down by Union or Member State law towhichthe controller is
subject andwhichprovides appropriate measures to protect the data subject’s legitimate interests; or
4. where the personal data must remainconfidential subjecttoan obligation of professional secrecyregulated
byUnion or Member State law, includinga statutoryobligation of secrecy.
6
20
באפריל 2023 כ"ט בð,יסן התשפ"ג
טיוטת תקðותהגðת הפרטיות )הוראותלעðיןמידעשהועברלישראל מהאזורהכלכלי האירופי,(
התשפ"ג-
3
202
- חלקים רלווðטיים מתקðות
ה-
GDPR
הðחיות ל
בחיðה
ובחיð,ה
מחדש:
Recital 106. Monitoring andPeriodicReview of the Level of DataProtection*
1The Commissionshould monitorthe functioningof decisions on the level of protectionina third
country, a territory or specified sector within a third country, or an international organisation, and
monitorthefunctioningof decisionsadopted on the basis of Article 25(6)or Article 26(4) of
Directive 95/46/EC. 2In its adequacy decisions, the Commission should provide for a periodic
review mechanism of their functioning. 3That periodic review should be conductedinconsultation
with the third country orinternational organisation inquestionandtake into accountall relevant
developments in the thirdcountryor internationalorganisation. 4For the purposes of monitoringand
of carrying out the periodic reviews, the Commission should take intoconsideration the views and
findings of the European Parliament and of the Councilas well as of other relevant bodiesand
sources. 5The Commission shouldevaluate, withina reasonable time, thefunctioningof the latter
decisions and report anyrelevantfindings tothe Committee within the meaning of Regulation (EU)
No 182/2011 of the European Parliamentand of the Council (12) asestablished under this
Regulation, tothe European Parliamentand to the Council.
1. When assessing the adequacy of the level of protection, the Commission shall, in
particular, take account of the following elements:
1. the rule of law, respectfor human rights and fundamental freedoms, relevant
legislation, both generalandsectoral, includingconcerning public security, defence,
national securityand criminal law andtheaccess of public authorities to personal
data, as wellas the implementation of suchlegislation, data protectionrules,
professional rules andsecurity measures, including rules for the onwardtransfer of
personal data toanother third country or international organisationwhichare
complied with in thatcountryor international organisation, case-law, as well as
effective and enforceable data subjectrights andeffective administrative and judicial
redress for the data subjects whose personal data are being transferred;
2. the existence and effective functioningof one or more independentsupervisory
authoritiesin the third countryor to whichan international organisationis subject,
with responsibility forensuring andenforcing compliance with the data protection
rules, including adequate enforcementpowers, for assistingandadvising the data
subjects in exercisingtheir rights and forcooperation withthe supervisory
authoritiesof the Member States;and
3. the internationalcommitments the thirdcountryor international organisation
concernedhas entered into, or other obligations arisingfrom legally binding
1
conventions or instruments as well asfrom its participationin multilateral or
regional systems, inparticular in relation to the protection of personal data.
Chapter 5: Art. 45:Transfersonthe basis of an adequacy decision
1.
1A transfer of personal datatoa third countryor an international organisationmay takeplacewhere
the Commissionhasdecided that thethird country, aterritoryor one or morespecified sectorswithin
that thirdcountry, or the international organisation in question ensuresan adequate level of
protection. 2Sucha transfer shall not require any specific authorisation.
2. Whenassessing theadequacy of the level of protection, the Commission shall, in particular, take
account of thefollowingelements:
1. the ruleof law, respect for human rightsandfundamentalfreedoms, relevant legislation,
both general and sectoral,includingconcerningpublic security, defence, national security and
criminal law and the access of public authoritiestopersonal data, as well asthe implementation
of such legislation, data protection rules, professional rulesand security measures,
including rulesfortheonward transferof personal data to another thirdcountryor
international organisation which arecomplied withinthatcountryor international
organisation, case-law, as well as effectiveand enforceabledata subject rights and effective
administrative and judicialredress for the datasubjects whosepersonaldata arebeing
transferred;
2. the existence and effectivefunctioning of oneor moreindependent supervisory authorities
in thethird country or towhich an internationalorganisation issubject, with responsibilityfor
ensuring and enforcing compliancewith thedata protection rules,includingadequate
enforcement powers, forassisting and advising thedata subjectsin exercising theirrights
and for cooperation withthesupervisory authoritiesoftheMemberStates; and
3. the international commitments thethird country or international organisation concerned
hasenteredinto, orotherobligations arisingfromlegallybindingconventions or instruments as
well asfrom itsparticipation in multilateral or regional systems, in particularin relationto the
protection of personal data.
3.
1TheCommission, after assessingthe adequacyof thelevel of protection, maydecide,bymeans of
implementingact, that athird country, aterritoryor oneormore specifiedsectors within a third
country, or an internationalorganisation ensures anadequatelevel of protection within themeaningof
paragraph 2 of this Article. 2The implementing act shall provide fora mechanismfora periodic
review, atleast every four years, which shall takeinto account all relevant developments in thethird
countryor international organisation. 3The implementingact shall specifyits territorial and sectoral
application and, whereapplicable,identifythesupervisoryauthorityor authoritiesreferred to inpoint
(b) of paragraph 2of thisArticle. 4The implementingact shall beadopted in accordancewith the
examination procedurereferredtoin Article93(2).
4. The Commission shall, onan ongoingbasis, monitor developmentsinthird countriesand international
organisations that could affect the functioningof decisionsadoptedpursuant toparagraph 3 of this
Article and decisions adopted on thebasis of Article25(6)of Directive95/46/EC.
5.
1TheCommission shall, where availableinformationreveals,in particular followingthereview
referred to in paragraph 3 of this Article,that athird country,aterritoryor one ormorespecified
sectorswithina third country, or an international organisation nolonger ensuresanadequate level of
protection withinthemeaningof paragraph 2 of thisArticle, tothe extent necessary,repeal, amend or
suspend thedecision referred to in paragraph 3 of this Articlebymeans of implementingactswithout
retro-active effect. 2Thoseimplementingacts shall beadoptedin accordance withtheexamination
procedurereferredto in Article 93(2).
3On dulyjustifiedimperative grounds of urgency, theCommission shall adoptimmediately applicable
implementingacts in accordancewith the procedurereferred toin Article 93(3).
2
6. The Commission shall enterintoconsultationswith thethird countryorinternational organisation
witha view to remedyingthesituation givingriseto thedecisionmadepursuant to paragraph 5.
7. Adecision pursuant to paragraph 5 of this Articleiswithout prejudicetotransfersof personal datato
the third country,aterritoryor one or morespecified sectorswithin thatthirdcountry,or the
international organisation in question pursuantto Articles46 to 49.
8. The Commission shall publish inthe Official Journal of theEuropean Union andon itswebsitealist
of the third countries, territoriesand specified sectorswithina third countryandinternational
organisations for whichit hasdecided that an adequate level of protectionis or isno longer ensured.
9. Decisions adopted bytheCommission on the basisof Article 25(6)of Directive 95/46/EC shall
remain in force until amended, replacedor repealed by aCommission Decision adopted inaccordance
withparagraph 3 or 5 of this Article.
זכות המחיקה:
Art. 17 GDPR. Rightto erasure(‘right tobe forgotten’)
1. The data subject shall have the right toobtainfromthe controllerthe erasureof personal data
concerninghimor her without undue delay and the controller shall have theobligation to erase
personal datawithout unduedelaywhereoneof the following grounds applies:
1. the personal data areno longer necessaryin relation tothepurposesforwhich theywere
collectedorotherwiseprocessed;
2. the data subject withdraws consent on which theprocessingisbased accordingto point (a)
of Article6(1), orpoint (a) of Article9(2), and wherethereis no other legal ground forthe
processing;
3. the data subject objectstotheprocessingpursuant to Article 21(1) andthereareno overriding
legitimategroundsfor theprocessing,or thedata subject objects to theprocessing pursuant
to Article21(2);
4. the personal data havebeen unlawfullyprocessed;
5. the personal data haveto be erased for compliancewith alegalobligationinUnion or Member
Statelaw to whichthecontroller is subject;
6. the personal data havebeen collected in relationto the offer of information society services
referred to in Article 8(1).
2. Where the controller hasmade the personal datapublicand is obliged pursuant toparagraph1 to erase
the personal data, the controller,taking account of availabletechnology and thecost of
implementation, shall take reasonablesteps, includingtechnicalmeasures, to informcontrollers
which areprocessingthepersonaldatathat thedata subject hasrequested theerasurebysuch
controllersof anylinksto,or copy or replicationof,thosepersonal data.
3. Paragraphs 1 and 2 shall not apply tothe extent that processing is necessary:
1. for exercisingtheright of freedomof expression and information;
2. for compliancewith alegal obligation which requires processingbyUnion or Member State
lawto which thecontrolleris subject or fortheperformanceof atask carried outin thepublic
interest or intheexerciseof official authorityvested inthecontroller;
3. for reasonsof public interest in thearea of public healthin accordance with points (h) and (i)
of Article9(2) as well as Article9(3);
3
4. for archivingpurposesin thepublicinterest,scientificorhistorical researchpurposes or
statistical purposes in accordancewith Article 89(1) in so farastheright referred to in
paragraph 1 islikelyto render impossibleor seriouslyimpair theachievement of theobjectives
of that processing; or
5. for the establishment, exercise ordefenceof legal claims.
חובת גילוי:
Art. 13 GDPR Information to be providedwhere personal data arecollected fromthe data subject:
1. Where personal datarelatingto a data subjectare collected fromthedata subject, the controller shall, at the
time whenpersonal data are obtained, provide the data subject with all of the following information:
1. the identity and the contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processingfor which the personal data are intended as well asthe legal basis for the
processing;
4. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, the fact that the controller intendsto transfer personal datatoa third country or
international organisation andthe existence or absence of an adequacydecision bythe Commission, or
in the case of transfersreferredtoin Article 46 or 47, or the second subparagraph of Article 49(1),
reference to the appropriate or suitable safeguardsandthe means bywhichto obtaina copy of them or
where theyhave been made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall, at the time whenpersonaldata are
obtained, providethe data subject withthe following further information necessarytoensure fair andtransparent
processing:
1. the period for which the personal data will be stored, or if that is not possible, the criteria usedto
determine that period;
2. the existence of the right to request fromthe controller accessto and rectification or erasure of
personaldataor restriction of processing concerning the data subject or to object to processing as
well as the right to data portability;
3. where the processingis basedon point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the
right to withdraw consent atanytime, without affectingthe lawfulness of processing based on consent
before its withdrawal;
4. the right tolodge a complaint with a supervisoryauthority;
5. whether the provision of personal data is a statutory or contractualrequirement, or a requirement
necessarytoenter into a contract, as well as whether the data subjectis obliged toprovide the personal
data and of the possible consequences of failure to provide such data;
4
6. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were collected, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
4. Paragraphs 1, 2and 3 shall not applywhere and insofar as the data subject already has the information.
Art. 14 GDPR Information to be providedwhere personal data havenot beenobtainedfromthe data
subject
1. Where personal datahave not been obtained fromthe data subject, the controller shall provide the data subject
with the followinginformation:
1. the identityandthe contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processing for whichthe personal data are intendedas well as the legal basis for the
processing;
4. the categories of personal data concerned;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, that the controller intends to transfer personaldata to a recipientina third countryor
international organisationand the existence or absence of an adequacydecision bythe Commission, or in
the case of transfers referred toin Article 46 or 47, or the secondsubparagraph of Article 49(1), reference
to the appropriate or suitable safeguardsand the means to obtain a copyof themor where theyhave been
made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall provide the data subject withthe
followinginformation necessarytoensure fair and transparentprocessing in respect of the data subject:
1. the periodfor which the personal data will be stored, or if that is not possible, the criteria used to
determine that period;
2. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
3. the existence of the right torequest from the controller access toand rectification or erasure of personal
data or restriction of processingconcerning the data subject andto object to processingas well as the right
to data portability;
4. where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right
to withdraw consent atany time, without affecting the lawfulness of processing based on consentbefore
its withdrawal;
5. the right tolodge a complaint with a supervisoryauthority;
6. from which source the personal data originate, andif applicable, whether it came from publiclyaccessible
sources;
5
7. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. The controller shall provide the information referredtoin paragraphs 1 and 2:
1. within areasonable period after obtaining the personaldata, but at the latest within one month,
having regardto the specific circumstancesin which the personal data are processed;
2. if the personal data are to be used for communicationwiththe data subject, at the latest at the time of the
first communication tothatdata subject; or
3. if a disclosure toanother recipientis envisaged, at the latest when the personal data are firstdisclosed.
4. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were obtained, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
5. Paragraphs 1to4 shall not apply where and insofar as:
1. the data subjectalreadyhas the information;
2. the provision of such information proves impossible or would involve a disproportionate effort, in
particular for processing for archivingpurposesin the public interest, scientific or historical research
purposes or statistical purposes, subject to the conditions andsafeguards referred to in Article 89(1) or in
sofar as the obligationreferredto in paragraph1 of this Article is likelyto render impossible or seriously
impair the achievement of the objectives of thatprocessing. In suchcasesthe controller shall take
appropriate measures to protect the data subject’s rights and freedoms andlegitimate interests, including
makingthe information publiclyavailable;
3. obtaining or disclosure is expresslylaid down by Union or Member State law towhichthe controller is
subject andwhichprovides appropriate measures to protect the data subject’s legitimate interests; or
4. where the personal data must remainconfidential subjecttoan obligation of professional secrecyregulated
byUnion or Member State law, includinga statutoryobligation of secrecy.
6
20
באפריל 2023 כ"ט בð,יסן התשפ"ג
טיוטת תקðותהגðת הפרטיות )הוראותלעðיןמידעשהועברלישראל מהאזורהכלכלי האירופי,(
התשפ"ג-
3
202
- חלקים רלווðטיים מתקðות
ה-
GDPR
הðחיות ל
בחיðה
ובחיð,ה
מחדש:
Recital 106. Monitoring andPeriodicReview of the Level of DataProtection*
1The Commissionshould monitorthe functioningof decisions on the level of protectionina third
country, a territory or specified sector within a third country, or an international organisation, and
monitorthefunctioningof decisionsadopted on the basis of Article 25(6)or Article 26(4) of
Directive 95/46/EC. 2In its adequacy decisions, the Commission should provide for a periodic
review mechanism of their functioning. 3That periodic review should be conductedinconsultation
with the third country orinternational organisation inquestionandtake into accountall relevant
developments in the thirdcountryor internationalorganisation. 4For the purposes of monitoringand
of carrying out the periodic reviews, the Commission should take intoconsideration the views and
findings of the European Parliament and of the Councilas well as of other relevant bodiesand
sources. 5The Commission shouldevaluate, withina reasonable time, thefunctioningof the latter
decisions and report anyrelevantfindings tothe Committee within the meaning of Regulation (EU)
No 182/2011 of the European Parliamentand of the Council (12) asestablished under this
Regulation, tothe European Parliamentand to the Council.
1. When assessing the adequacy of the level of protection, the Commission shall, in
particular, take account of the following elements:
1. the rule of law, respectfor human rights and fundamental freedoms, relevant
legislation, both generalandsectoral, includingconcerning public security, defence,
national securityand criminal law andtheaccess of public authorities to personal
data, as wellas the implementation of suchlegislation, data protectionrules,
professional rules andsecurity measures, including rules for the onwardtransfer of
personal data toanother third country or international organisationwhichare
complied with in thatcountryor international organisation, case-law, as well as
effective and enforceable data subjectrights andeffective administrative and judicial
redress for the data subjects whose personal data are being transferred;
2. the existence and effective functioningof one or more independentsupervisory
authoritiesin the third countryor to whichan international organisationis subject,
with responsibility forensuring andenforcing compliance with the data protection
rules, including adequate enforcementpowers, for assistingandadvising the data
subjects in exercisingtheir rights and forcooperation withthe supervisory
authoritiesof the Member States;and
3. the internationalcommitments the thirdcountryor international organisation
concernedhas entered into, or other obligations arisingfrom legally binding
1
conventions or instruments as well asfrom its participationin multilateral or
regional systems, inparticular in relation to the protection of personal data.
Chapter 5: Art. 45:Transfersonthe basis of an adequacy decision
1.
1A transfer of personal datatoa third countryor an international organisationmay takeplacewhere
the Commissionhasdecided that thethird country, aterritoryor one or morespecified sectorswithin
that thirdcountry, or the international organisation in question ensuresan adequate level of
protection. 2Sucha transfer shall not require any specific authorisation.
2. Whenassessing theadequacy of the level of protection, the Commission shall, in particular, take
account of thefollowingelements:
1. the ruleof law, respect for human rightsandfundamentalfreedoms, relevant legislation,
both general and sectoral,includingconcerningpublic security, defence, national security and
criminal law and the access of public authoritiestopersonal data, as well asthe implementation
of such legislation, data protection rules, professional rulesand security measures,
including rulesfortheonward transferof personal data to another thirdcountryor
international organisation which arecomplied withinthatcountryor international
organisation, case-law, as well as effectiveand enforceabledata subject rights and effective
administrative and judicialredress for the datasubjects whosepersonaldata arebeing
transferred;
2. the existence and effectivefunctioning of oneor moreindependent supervisory authorities
in thethird country or towhich an internationalorganisation issubject, with responsibilityfor
ensuring and enforcing compliancewith thedata protection rules,includingadequate
enforcement powers, forassisting and advising thedata subjectsin exercising theirrights
and for cooperation withthesupervisory authoritiesoftheMemberStates; and
3. the international commitments thethird country or international organisation concerned
hasenteredinto, orotherobligations arisingfromlegallybindingconventions or instruments as
well asfrom itsparticipation in multilateral or regional systems, in particularin relationto the
protection of personal data.
3.
1TheCommission, after assessingthe adequacyof thelevel of protection, maydecide,bymeans of
implementingact, that athird country, aterritoryor oneormore specifiedsectors within a third
country, or an internationalorganisation ensures anadequatelevel of protection within themeaningof
paragraph 2 of this Article. 2The implementing act shall provide fora mechanismfora periodic
review, atleast every four years, which shall takeinto account all relevant developments in thethird
countryor international organisation. 3The implementingact shall specifyits territorial and sectoral
application and, whereapplicable,identifythesupervisoryauthorityor authoritiesreferred to inpoint
(b) of paragraph 2of thisArticle. 4The implementingact shall beadopted in accordancewith the
examination procedurereferredtoin Article93(2).
4. The Commission shall, onan ongoingbasis, monitor developmentsinthird countriesand international
organisations that could affect the functioningof decisionsadoptedpursuant toparagraph 3 of this
Article and decisions adopted on thebasis of Article25(6)of Directive95/46/EC.
5.
1TheCommission shall, where availableinformationreveals,in particular followingthereview
referred to in paragraph 3 of this Article,that athird country,aterritoryor one ormorespecified
sectorswithina third country, or an international organisation nolonger ensuresanadequate level of
protection withinthemeaningof paragraph 2 of thisArticle, tothe extent necessary,repeal, amend or
suspend thedecision referred to in paragraph 3 of this Articlebymeans of implementingactswithout
retro-active effect. 2Thoseimplementingacts shall beadoptedin accordance withtheexamination
procedurereferredto in Article 93(2).
3On dulyjustifiedimperative grounds of urgency, theCommission shall adoptimmediately applicable
implementingacts in accordancewith the procedurereferred toin Article 93(3).
2
6. The Commission shall enterintoconsultationswith thethird countryorinternational organisation
witha view to remedyingthesituation givingriseto thedecisionmadepursuant to paragraph 5.
7. Adecision pursuant to paragraph 5 of this Articleiswithout prejudicetotransfersof personal datato
the third country,aterritoryor one or morespecified sectorswithin thatthirdcountry,or the
international organisation in question pursuantto Articles46 to 49.
8. The Commission shall publish inthe Official Journal of theEuropean Union andon itswebsitealist
of the third countries, territoriesand specified sectorswithina third countryandinternational
organisations for whichit hasdecided that an adequate level of protectionis or isno longer ensured.
9. Decisions adopted bytheCommission on the basisof Article 25(6)of Directive 95/46/EC shall
remain in force until amended, replacedor repealed by aCommission Decision adopted inaccordance
withparagraph 3 or 5 of this Article.
זכות המחיקה:
Art. 17 GDPR. Rightto erasure(‘right tobe forgotten’)
1. The data subject shall have the right toobtainfromthe controllerthe erasureof personal data
concerninghimor her without undue delay and the controller shall have theobligation to erase
personal datawithout unduedelaywhereoneof the following grounds applies:
1. the personal data areno longer necessaryin relation tothepurposesforwhich theywere
collectedorotherwiseprocessed;
2. the data subject withdraws consent on which theprocessingisbased accordingto point (a)
of Article6(1), orpoint (a) of Article9(2), and wherethereis no other legal ground forthe
processing;
3. the data subject objectstotheprocessingpursuant to Article 21(1) andthereareno overriding
legitimategroundsfor theprocessing,or thedata subject objects to theprocessing pursuant
to Article21(2);
4. the personal data havebeen unlawfullyprocessed;
5. the personal data haveto be erased for compliancewith alegalobligationinUnion or Member
Statelaw to whichthecontroller is subject;
6. the personal data havebeen collected in relationto the offer of information society services
referred to in Article 8(1).
2. Where the controller hasmade the personal datapublicand is obliged pursuant toparagraph1 to erase
the personal data, the controller,taking account of availabletechnology and thecost of
implementation, shall take reasonablesteps, includingtechnicalmeasures, to informcontrollers
which areprocessingthepersonaldatathat thedata subject hasrequested theerasurebysuch
controllersof anylinksto,or copy or replicationof,thosepersonal data.
3. Paragraphs 1 and 2 shall not apply tothe extent that processing is necessary:
1. for exercisingtheright of freedomof expression and information;
2. for compliancewith alegal obligation which requires processingbyUnion or Member State
lawto which thecontrolleris subject or fortheperformanceof atask carried outin thepublic
interest or intheexerciseof official authorityvested inthecontroller;
3. for reasonsof public interest in thearea of public healthin accordance with points (h) and (i)
of Article9(2) as well as Article9(3);
3
4. for archivingpurposesin thepublicinterest,scientificorhistorical researchpurposes or
statistical purposes in accordancewith Article 89(1) in so farastheright referred to in
paragraph 1 islikelyto render impossibleor seriouslyimpair theachievement of theobjectives
of that processing; or
5. for the establishment, exercise ordefenceof legal claims.
חובת גילוי:
Art. 13 GDPR Information to be providedwhere personal data arecollected fromthe data subject:
1. Where personal datarelatingto a data subjectare collected fromthedata subject, the controller shall, at the
time whenpersonal data are obtained, provide the data subject with all of the following information:
1. the identity and the contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processingfor which the personal data are intended as well asthe legal basis for the
processing;
4. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, the fact that the controller intendsto transfer personal datatoa third country or
international organisation andthe existence or absence of an adequacydecision bythe Commission, or
in the case of transfersreferredtoin Article 46 or 47, or the second subparagraph of Article 49(1),
reference to the appropriate or suitable safeguardsandthe means bywhichto obtaina copy of them or
where theyhave been made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall, at the time whenpersonaldata are
obtained, providethe data subject withthe following further information necessarytoensure fair andtransparent
processing:
1. the period for which the personal data will be stored, or if that is not possible, the criteria usedto
determine that period;
2. the existence of the right to request fromthe controller accessto and rectification or erasure of
personaldataor restriction of processing concerning the data subject or to object to processing as
well as the right to data portability;
3. where the processingis basedon point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the
right to withdraw consent atanytime, without affectingthe lawfulness of processing based on consent
before its withdrawal;
4. the right tolodge a complaint with a supervisoryauthority;
5. whether the provision of personal data is a statutory or contractualrequirement, or a requirement
necessarytoenter into a contract, as well as whether the data subjectis obliged toprovide the personal
data and of the possible consequences of failure to provide such data;
4
6. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were collected, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
4. Paragraphs 1, 2and 3 shall not applywhere and insofar as the data subject already has the information.
Art. 14 GDPR Information to be providedwhere personal data havenot beenobtainedfromthe data
subject
1. Where personal datahave not been obtained fromthe data subject, the controller shall provide the data subject
with the followinginformation:
1. the identityandthe contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processing for whichthe personal data are intendedas well as the legal basis for the
processing;
4. the categories of personal data concerned;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, that the controller intends to transfer personaldata to a recipientina third countryor
international organisationand the existence or absence of an adequacydecision bythe Commission, or in
the case of transfers referred toin Article 46 or 47, or the secondsubparagraph of Article 49(1), reference
to the appropriate or suitable safeguardsand the means to obtain a copyof themor where theyhave been
made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall provide the data subject withthe
followinginformation necessarytoensure fair and transparentprocessing in respect of the data subject:
1. the periodfor which the personal data will be stored, or if that is not possible, the criteria used to
determine that period;
2. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
3. the existence of the right torequest from the controller access toand rectification or erasure of personal
data or restriction of processingconcerning the data subject andto object to processingas well as the right
to data portability;
4. where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right
to withdraw consent atany time, without affecting the lawfulness of processing based on consentbefore
its withdrawal;
5. the right tolodge a complaint with a supervisoryauthority;
6. from which source the personal data originate, andif applicable, whether it came from publiclyaccessible
sources;
5
7. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. The controller shall provide the information referredtoin paragraphs 1 and 2:
1. within areasonable period after obtaining the personaldata, but at the latest within one month,
having regardto the specific circumstancesin which the personal data are processed;
2. if the personal data are to be used for communicationwiththe data subject, at the latest at the time of the
first communication tothatdata subject; or
3. if a disclosure toanother recipientis envisaged, at the latest when the personal data are firstdisclosed.
4. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were obtained, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
5. Paragraphs 1to4 shall not apply where and insofar as:
1. the data subjectalreadyhas the information;
2. the provision of such information proves impossible or would involve a disproportionate effort, in
particular for processing for archivingpurposesin the public interest, scientific or historical research
purposes or statistical purposes, subject to the conditions andsafeguards referred to in Article 89(1) or in
sofar as the obligationreferredto in paragraph1 of this Article is likelyto render impossible or seriously
impair the achievement of the objectives of thatprocessing. In suchcasesthe controller shall take
appropriate measures to protect the data subject’s rights and freedoms andlegitimate interests, including
makingthe information publiclyavailable;
3. obtaining or disclosure is expresslylaid down by Union or Member State law towhichthe controller is
subject andwhichprovides appropriate measures to protect the data subject’s legitimate interests; or
4. where the personal data must remainconfidential subjecttoan obligation of professional secrecyregulated
byUnion or Member State law, includinga statutoryobligation of secrecy.
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באפריל 2023 כ"ט בð,יסן התשפ"ג
טיוטת תקðותהגðת הפרטיות )הוראותלעðיןמידעשהועברלישראל מהאזורהכלכלי האירופי,(
התשפ"ג-
3
202
- חלקים רלווðטיים מתקðות
ה-
GDPR
הðחיות ל
בחיðה
ובחיð,ה
מחדש:
Recital 106. Monitoring andPeriodicReview of the Level of DataProtection*
1The Commissionshould monitorthe functioningof decisions on the level of protectionina third
country, a territory or specified sector within a third country, or an international organisation, and
monitorthefunctioningof decisionsadopted on the basis of Article 25(6)or Article 26(4) of
Directive 95/46/EC. 2In its adequacy decisions, the Commission should provide for a periodic
review mechanism of their functioning. 3That periodic review should be conductedinconsultation
with the third country orinternational organisation inquestionandtake into accountall relevant
developments in the thirdcountryor internationalorganisation. 4For the purposes of monitoringand
of carrying out the periodic reviews, the Commission should take intoconsideration the views and
findings of the European Parliament and of the Councilas well as of other relevant bodiesand
sources. 5The Commission shouldevaluate, withina reasonable time, thefunctioningof the latter
decisions and report anyrelevantfindings tothe Committee within the meaning of Regulation (EU)
No 182/2011 of the European Parliamentand of the Council (12) asestablished under this
Regulation, tothe European Parliamentand to the Council.
1. When assessing the adequacy of the level of protection, the Commission shall, in
particular, take account of the following elements:
1. the rule of law, respectfor human rights and fundamental freedoms, relevant
legislation, both generalandsectoral, includingconcerning public security, defence,
national securityand criminal law andtheaccess of public authorities to personal
data, as wellas the implementation of suchlegislation, data protectionrules,
professional rules andsecurity measures, including rules for the onwardtransfer of
personal data toanother third country or international organisationwhichare
complied with in thatcountryor international organisation, case-law, as well as
effective and enforceable data subjectrights andeffective administrative and judicial
redress for the data subjects whose personal data are being transferred;
2. the existence and effective functioningof one or more independentsupervisory
authoritiesin the third countryor to whichan international organisationis subject,
with responsibility forensuring andenforcing compliance with the data protection
rules, including adequate enforcementpowers, for assistingandadvising the data
subjects in exercisingtheir rights and forcooperation withthe supervisory
authoritiesof the Member States;and
3. the internationalcommitments the thirdcountryor international organisation
concernedhas entered into, or other obligations arisingfrom legally binding
1
conventions or instruments as well asfrom its participationin multilateral or
regional systems, inparticular in relation to the protection of personal data.
Chapter 5: Art. 45:Transfersonthe basis of an adequacy decision
1.
1A transfer of personal datatoa third countryor an international organisationmay takeplacewhere
the Commissionhasdecided that thethird country, aterritoryor one or morespecified sectorswithin
that thirdcountry, or the international organisation in question ensuresan adequate level of
protection. 2Sucha transfer shall not require any specific authorisation.
2. Whenassessing theadequacy of the level of protection, the Commission shall, in particular, take
account of thefollowingelements:
1. the ruleof law, respect for human rightsandfundamentalfreedoms, relevant legislation,
both general and sectoral,includingconcerningpublic security, defence, national security and
criminal law and the access of public authoritiestopersonal data, as well asthe implementation
of such legislation, data protection rules, professional rulesand security measures,
including rulesfortheonward transferof personal data to another thirdcountryor
international organisation which arecomplied withinthatcountryor international
organisation, case-law, as well as effectiveand enforceabledata subject rights and effective
administrative and judicialredress for the datasubjects whosepersonaldata arebeing
transferred;
2. the existence and effectivefunctioning of oneor moreindependent supervisory authorities
in thethird country or towhich an internationalorganisation issubject, with responsibilityfor
ensuring and enforcing compliancewith thedata protection rules,includingadequate
enforcement powers, forassisting and advising thedata subjectsin exercising theirrights
and for cooperation withthesupervisory authoritiesoftheMemberStates; and
3. the international commitments thethird country or international organisation concerned
hasenteredinto, orotherobligations arisingfromlegallybindingconventions or instruments as
well asfrom itsparticipation in multilateral or regional systems, in particularin relationto the
protection of personal data.
3.
1TheCommission, after assessingthe adequacyof thelevel of protection, maydecide,bymeans of
implementingact, that athird country, aterritoryor oneormore specifiedsectors within a third
country, or an internationalorganisation ensures anadequatelevel of protection within themeaningof
paragraph 2 of this Article. 2The implementing act shall provide fora mechanismfora periodic
review, atleast every four years, which shall takeinto account all relevant developments in thethird
countryor international organisation. 3The implementingact shall specifyits territorial and sectoral
application and, whereapplicable,identifythesupervisoryauthorityor authoritiesreferred to inpoint
(b) of paragraph 2of thisArticle. 4The implementingact shall beadopted in accordancewith the
examination procedurereferredtoin Article93(2).
4. The Commission shall, onan ongoingbasis, monitor developmentsinthird countriesand international
organisations that could affect the functioningof decisionsadoptedpursuant toparagraph 3 of this
Article and decisions adopted on thebasis of Article25(6)of Directive95/46/EC.
5.
1TheCommission shall, where availableinformationreveals,in particular followingthereview
referred to in paragraph 3 of this Article,that athird country,aterritoryor one ormorespecified
sectorswithina third country, or an international organisation nolonger ensuresanadequate level of
protection withinthemeaningof paragraph 2 of thisArticle, tothe extent necessary,repeal, amend or
suspend thedecision referred to in paragraph 3 of this Articlebymeans of implementingactswithout
retro-active effect. 2Thoseimplementingacts shall beadoptedin accordance withtheexamination
procedurereferredto in Article 93(2).
3On dulyjustifiedimperative grounds of urgency, theCommission shall adoptimmediately applicable
implementingacts in accordancewith the procedurereferred toin Article 93(3).
2
6. The Commission shall enterintoconsultationswith thethird countryorinternational organisation
witha view to remedyingthesituation givingriseto thedecisionmadepursuant to paragraph 5.
7. Adecision pursuant to paragraph 5 of this Articleiswithout prejudicetotransfersof personal datato
the third country,aterritoryor one or morespecified sectorswithin thatthirdcountry,or the
international organisation in question pursuantto Articles46 to 49.
8. The Commission shall publish inthe Official Journal of theEuropean Union andon itswebsitealist
of the third countries, territoriesand specified sectorswithina third countryandinternational
organisations for whichit hasdecided that an adequate level of protectionis or isno longer ensured.
9. Decisions adopted bytheCommission on the basisof Article 25(6)of Directive 95/46/EC shall
remain in force until amended, replacedor repealed by aCommission Decision adopted inaccordance
withparagraph 3 or 5 of this Article.
זכות המחיקה:
Art. 17 GDPR. Rightto erasure(‘right tobe forgotten’)
1. The data subject shall have the right toobtainfromthe controllerthe erasureof personal data
concerninghimor her without undue delay and the controller shall have theobligation to erase
personal datawithout unduedelaywhereoneof the following grounds applies:
1. the personal data areno longer necessaryin relation tothepurposesforwhich theywere
collectedorotherwiseprocessed;
2. the data subject withdraws consent on which theprocessingisbased accordingto point (a)
of Article6(1), orpoint (a) of Article9(2), and wherethereis no other legal ground forthe
processing;
3. the data subject objectstotheprocessingpursuant to Article 21(1) andthereareno overriding
legitimategroundsfor theprocessing,or thedata subject objects to theprocessing pursuant
to Article21(2);
4. the personal data havebeen unlawfullyprocessed;
5. the personal data haveto be erased for compliancewith alegalobligationinUnion or Member
Statelaw to whichthecontroller is subject;
6. the personal data havebeen collected in relationto the offer of information society services
referred to in Article 8(1).
2. Where the controller hasmade the personal datapublicand is obliged pursuant toparagraph1 to erase
the personal data, the controller,taking account of availabletechnology and thecost of
implementation, shall take reasonablesteps, includingtechnicalmeasures, to informcontrollers
which areprocessingthepersonaldatathat thedata subject hasrequested theerasurebysuch
controllersof anylinksto,or copy or replicationof,thosepersonal data.
3. Paragraphs 1 and 2 shall not apply tothe extent that processing is necessary:
1. for exercisingtheright of freedomof expression and information;
2. for compliancewith alegal obligation which requires processingbyUnion or Member State
lawto which thecontrolleris subject or fortheperformanceof atask carried outin thepublic
interest or intheexerciseof official authorityvested inthecontroller;
3. for reasonsof public interest in thearea of public healthin accordance with points (h) and (i)
of Article9(2) as well as Article9(3);
3
4. for archivingpurposesin thepublicinterest,scientificorhistorical researchpurposes or
statistical purposes in accordancewith Article 89(1) in so farastheright referred to in
paragraph 1 islikelyto render impossibleor seriouslyimpair theachievement of theobjectives
of that processing; or
5. for the establishment, exercise ordefenceof legal claims.
חובת גילוי:
Art. 13 GDPR Information to be providedwhere personal data arecollected fromthe data subject:
1. Where personal datarelatingto a data subjectare collected fromthedata subject, the controller shall, at the
time whenpersonal data are obtained, provide the data subject with all of the following information:
1. the identity and the contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processingfor which the personal data are intended as well asthe legal basis for the
processing;
4. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, the fact that the controller intendsto transfer personal datatoa third country or
international organisation andthe existence or absence of an adequacydecision bythe Commission, or
in the case of transfersreferredtoin Article 46 or 47, or the second subparagraph of Article 49(1),
reference to the appropriate or suitable safeguardsandthe means bywhichto obtaina copy of them or
where theyhave been made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall, at the time whenpersonaldata are
obtained, providethe data subject withthe following further information necessarytoensure fair andtransparent
processing:
1. the period for which the personal data will be stored, or if that is not possible, the criteria usedto
determine that period;
2. the existence of the right to request fromthe controller accessto and rectification or erasure of
personaldataor restriction of processing concerning the data subject or to object to processing as
well as the right to data portability;
3. where the processingis basedon point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the
right to withdraw consent atanytime, without affectingthe lawfulness of processing based on consent
before its withdrawal;
4. the right tolodge a complaint with a supervisoryauthority;
5. whether the provision of personal data is a statutory or contractualrequirement, or a requirement
necessarytoenter into a contract, as well as whether the data subjectis obliged toprovide the personal
data and of the possible consequences of failure to provide such data;
4
6. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were collected, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
4. Paragraphs 1, 2and 3 shall not applywhere and insofar as the data subject already has the information.
Art. 14 GDPR Information to be providedwhere personal data havenot beenobtainedfromthe data
subject
1. Where personal datahave not been obtained fromthe data subject, the controller shall provide the data subject
with the followinginformation:
1. the identityandthe contact details of the controller and, where applicable, of the controller’s
representative;
2. the contact details of the data protection officer, where applicable;
3. the purposes of the processing for whichthe personal data are intendedas well as the legal basis for the
processing;
4. the categories of personal data concerned;
5. the recipients or categories of recipients of the personal data, if any;
6. where applicable, that the controller intends to transfer personaldata to a recipientina third countryor
international organisationand the existence or absence of an adequacydecision bythe Commission, or in
the case of transfers referred toin Article 46 or 47, or the secondsubparagraph of Article 49(1), reference
to the appropriate or suitable safeguardsand the means to obtain a copyof themor where theyhave been
made available.
2. Inaddition to the information referredtoin paragraph 1, the controller shall provide the data subject withthe
followinginformation necessarytoensure fair and transparentprocessing in respect of the data subject:
1. the periodfor which the personal data will be stored, or if that is not possible, the criteria used to
determine that period;
2. where the processingis basedon point (f) of Article 6(1), the legitimate interests pursued bythe controller
or bya third party;
3. the existence of the right torequest from the controller access toand rectification or erasure of personal
data or restriction of processingconcerning the data subject andto object to processingas well as the right
to data portability;
4. where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right
to withdraw consent atany time, without affecting the lawfulness of processing based on consentbefore
its withdrawal;
5. the right tolodge a complaint with a supervisoryauthority;
6. from which source the personal data originate, andif applicable, whether it came from publiclyaccessible
sources;
5
7. the existence of automated decision-making, including profiling, referredtoin Article 22(1) and(4) and,
at leastinthose cases, meaningful information about the logic involved, as wellas the significance and the
envisagedconsequences of suchprocessingfor the data subject.
3. The controller shall provide the information referredtoin paragraphs 1 and 2:
1. within areasonable period after obtaining the personaldata, but at the latest within one month,
having regardto the specific circumstancesin which the personal data are processed;
2. if the personal data are to be used for communicationwiththe data subject, at the latest at the time of the
first communication tothatdata subject; or
3. if a disclosure toanother recipientis envisaged, at the latest when the personal data are firstdisclosed.
4. Where the controller intendsto further process the personal data for a purpose other than that for which the
personal data were obtained, the controller shall provide the data subject prior tothat further processingwith
information on that other purpose andwith anyrelevant further information as referred to in paragraph 2.
5. Paragraphs 1to4 shall not apply where and insofar as:
1. the data subjectalreadyhas the information;
2. the provision of such information proves impossible or would involve a disproportionate effort, in
particular for processing for archivingpurposesin the public interest, scientific or historical research
purposes or statistical purposes, subject to the conditions andsafeguards referred to in Article 89(1) or in
sofar as the obligationreferredto in paragraph1 of this Article is likelyto render impossible or seriously
impair the achievement of the objectives of thatprocessing. In suchcasesthe controller shall take
appropriate measures to protect the data subject’s rights and freedoms andlegitimate interests, including
makingthe information publiclyavailable;
3. obtaining or disclosure is expresslylaid down by Union or Member State law towhichthe controller is
subject andwhichprovides appropriate measures to protect the data subject’s legitimate interests; or
4. where the personal data must remainconfidential subjecttoan obligation of professional secrecyregulated
byUnion or Member State law, includinga statutoryobligation of secrecy.
6