Privacy Map

European Union. Human rights / constitutional. Constitutional provision (EU primary law)

CFR Arts 7–8Charter of Fundamental Rights of the European Union, Articles 7 and 8

In force

§1Summary

Synopsis

Article 7 protects respect for private and family life, home and communications. Article 8 sets out a separate right to the protection of personal data: fair processing for specified purposes on the basis of consent or another legitimate basis, rights of access and rectification, and control by an independent authority.

Key themes
  • right to privacy
  • right to data protection
  • independent supervision
  • access
  • rectification
Unique features

It makes data protection a fundamental right distinct from privacy. It is the basis for CJEU judgments striking down EU acts and transfer decisions, such as Digital Rights Ireland, Schrems I and Schrems II.

SaaS relevance

It is the yardstick against which EU transfer mechanisms (DPF, SCCs) and GDPR interpretation are tested, so it directly affects SaaS transfer risk.

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
Indirect: basis for 'essential equivalence' test
Maximum penalty
None directly

§3Dates

Key dates
  • Adopted
  • In force
  • Proclaimed in Nice on 2000-12-07; legally binding with the same value as the Treaties from 2009-12-01 (Treaty of Lisbon, Art 6(1) TEU)

§4Text and authority

Text
Authority
Court of Justice of the European Union; independent supervisory authorities (Art 8(3))

§5Where it applies

Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.