Regarding the draft decision referred to in paragraph 1 circulated to the members of the Board in accordance with paragraph 5, a member which has not objected within a reasonable period indicated by the Chair, shall be deemed to be in agreement with the draft decision. Where such notification cannot be achieved within 72 hours, the reasons for the delay should accompany the notification and information may be provided in phases without undue further delay. l'énoncé oral du sujet ou de la consigne écrite, dans le respect de sa littéralité, sans commentaire ni explications complémentaires ; la transcription par écrit, sous la dictée du candidat, du travail produit par le candidat, sans correction de la syntaxe ou de la grammaire, sans modification du choix lexical du candidat. 4.   Where appropriate, the Board and the European Data Protection Supervisor shall establish and publish a Memorandum of Understanding implementing this Article, determining the terms of their cooperation, and applicable to the staff of the European Data Protection Supervisor involved in carrying out the tasks conferred on the Board by this Regulation. Elle abroge et remplace, la circulaire n° 2011-220 du 27-12-2011 relative à l'organisation des examens et concours de l'enseignement scolaire et de l'enseignement supérieur pour les candidats présentant un handicap et la circulaire n° 2015-127 du 3-8-2015 relative à l'organisation des examens et concours de l'enseignement scolaire pour les candidats présentant un handicap. In any case, the supervisory authorities of the Member State or Member States where the processor has one or more establishments should not be considered to be supervisory authorities concerned where the draft decision concerns only the controller. Suite au rejet d'un recours administratif, le recours contentieux est possible et s'exerce devant le tribunal administratif compétent. any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. 5.   The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. 2.   Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: the legitimate interests pursued by controllers in specific contexts; the information provided to the public and to data subjects; the exercise of the rights of data subjects; the information provided to, and the protection of, children, and the manner in which the consent of the holders of parental responsibility over children is to be obtained; the measures and procedures referred to in Articles 24 and 25 and the measures to ensure security of processing referred to in Article 32; the notification of personal data breaches to supervisory authorities and the communication of such personal data breaches to data subjects; the transfer of personal data to third countries or international organisations; or. The supervisory authorities should monitor the application of the provisions pursuant to this Regulation and contribute to its consistent application throughout the Union, in order to protect natural persons in relation to the processing of their personal data and to facilitate the free flow of personal data within the internal market. 4.   Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject. Processing that infringes this Regulation also includes processing that infringes delegated and implementing acts adopted in accordance with this Regulation and Member State law specifying rules of this Regulation. When personal data moves across borders outside the Union it may put at increased risk the ability of natural persons to exercise data protection rights in particular to protect themselves from the unlawful use or disclosure of that information. Where, in a certain set of personal data, more than one data subject is concerned, the right to receive the personal data should be without prejudice to the rights and freedoms of other data subjects in accordance with this Regulation. 5.   Each Member State shall ensure that each supervisory authority chooses and has its own staff which shall be subject to the exclusive direction of the member or members of the supervisory authority concerned. 1.   This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. 3.   The staff of the European Data Protection Supervisor involved in carrying out the tasks conferred on the Board by this Regulation shall be subject to separate reporting lines from the staff involved in carrying out tasks conferred on the European Data Protection Supervisor. The accreditation shall be issued for a maximum period of five years and may be renewed on the same conditions provided that the certification body meets the requirements set out in this Article. 6.   The controller or processor shall document the assessment as well as the suitable safeguards referred to in the second subparagraph of paragraph 1 of this Article in the records referred to in Article 30. International cooperation for the protection of personal data. 3.   The competent supervisory authority shall submit the draft criteria for accreditation of a body as referred to in paragraph 1 of this Article to the Board pursuant to the consistency mechanism referred to in Article 63. 1.   Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard: the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation a matters, public health and social security; the protection of judicial independence and judicial proceedings; the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions; a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g); the protection of the data subject or the rights and freedoms of others; 2.   In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to: the purposes of the processing or categories of processing; the scope of the restrictions introduced; the safeguards to prevent abuse or unlawful access or transfer; the specification of the controller or categories of controllers; the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing; the risks to the rights and freedoms of data subjects; and. Therefore, data subjects should be allowed to give their consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. Member States law should reconcile the rules governing freedom of expression and information, including journalistic, academic, artistic and or literary expression with the right to the protection of personal data pursuant to this Regulation. Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member State law to which the public authority or body is subject in order to reconcile public access to official documents with the right to the protection of personal data pursuant to this Regulation. Article 16(2) TFEU mandates the European Parliament and the Council to lay down the rules relating to the protection of natural persons with regard to the processing of personal data and the rules relating to the free movement of personal data. 9.   The Commission may, by means of implementing acts, specify the format and procedures for mutual assistance referred to in this Article and the arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board, in particular the standardised format referred to in paragraph 6 of this Article. La finale se déroulera le 29 mai 2021 au Stade olympique Atatürk à Istanbul.. The legal form of such arrangements, whether through a branch or a subsidiary with a legal personality, is not the determining factor in that respect. The controller should provide the data subject with any further information necessary to ensure fair and transparent processing taking into account the specific circumstances and context in which the personal data are processed. (6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). The likelihood and severity of the risk to the rights and freedoms of the data subject should be determined by reference to the nature, scope, context and purposes of the processing. Those measures should take into account the nature, scope, context and purposes of the processing and the risk to the rights and freedoms of natural persons. The designated representative should be subject to enforcement proceedings in the event of non-compliance by the controller or processor. L'autonomie du candidat doit être recherchée en priorité même en situation d'examen ou de concours. Personal data should be processed in a manner that ensures appropriate security and confidentiality of the personal data, including for preventing unauthorised access to or use of personal data and the equipment used for the processing. Such personal data should not be processed, unless processing is allowed in specific cases set out in this Regulation, taking into account that Member States law may lay down specific provisions on data protection in order to adapt the application of the rules of this Regulation for compliance with a legal obligation or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 8.   The exercise by the supervisory authority of its powers under this Article shall be subject to appropriate procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process. 7.   The assessment shall contain at least: a systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller; an assessment of the necessity and proportionality of the processing operations in relation to the purposes; an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and. Par une décision de section "GISTI" rendue ce 12 juin 2020 (n°418142), le Conseil d’Etat a considérablement augmenté le nombre des actes administratifs pouvant faire l’objet d’un recours en annulation. Member States may provide for rules regarding the processing of personal data of deceased persons. (10)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29). Il peut également être fait appel à un interprète en langue des signes française ou à un codeur de langue française parlée complétée. Une évolution jurisprudentielle très importante pour l'avenir du "droit souple" (soft law) qui emporte plusieurs effets pour les relations entre le public et l’administration. In particular, the third country should ensure effective independent data protection supervision and should provide for cooperation mechanisms with the Member States' data protection authorities, and the data subjects should be provided with effective and enforceable rights and effective administrative and judicial redress. The principles of data protection should therefore not apply to anonymous information, namely information which does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable. The principles of fair and transparent processing require that the data subject be informed of the existence of the processing operation and its purposes. 9.   Where the legal system of the Member State does not provide for administrative fines, this Article may be applied in such a manner that the fine is initiated by the competent supervisory authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative fines imposed by supervisory authorities. To that end, the Commission shall provide the Board with all necessary documentation, including correspondence with the government of the third country, with regard to that third country, territory or specified sector, or with the international organisation. Prior to giving consent, the data subject shall be informed thereof. 1.   Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory: monitor and enforce the application of this Regulation; promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Les candidats avec des troubles des fonctions auditives, conformément à l'article L. 112-3 du Code de l'éducation, il est fait appel, si besoin est, à la participation d'enseignants spécialisés pratiquant l'un des modes de communication familiers au candidat : langue française avec appui de la lecture labiale, langue des signes française (LSF), langue française parlée complétée (LfPC), etc.
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