Q&As

What is meant by ‘categories of data subjects’ in Articles 28 and 30 of Regulation (EU) 2016/679 (the GDPR)?

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Published on LexisPSL on 27/10/2017

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • What is meant by ‘categories of data subjects’ in Articles 28 and 30 of Regulation (EU) 2016/679 (the GDPR)?
  • Background
  • Use in data processing provisions

What is meant by ‘categories of data subjects’ in Articles 28 and 30 of Regulation (EU) 2016/679 (the GDPR)?

Background

The General Data Protection Regulation, Regulation (EU) 2016/679, (the GDPR) sets out the information that a data processing agreement must contain, this is prescribed by Article 28(3) of the GDPR, which states (among other things) that:

‘Processing by a processor shall be governed by a contract or other legal act under Union or Member State law, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller.’

The phrase ‘categories of data subjects’ and similar expressions have been used previously in the Data Protection Directive, Directive 95/46/EC such as at Article 18

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