European Union. Human rights / constitutional. Constitutional provision (EU primary law)
TFEU Art 16Treaty on the Functioning of the European Union, Article 16
In force
§1Summary
- Synopsis
Restates everyone's right to the protection of their personal data. It gives the Parliament and Council a specific legal basis to adopt data protection rules for EU institutions and for member states acting within EU law, with compliance controlled by independent authorities.
- Key themes
- Unique features
It is the legal basis for the GDPR, the LED and the EUDPR. The earlier Directive 95/46 relied on internal-market powers instead.
- SaaS relevance
Gives no direct obligations; it is the legal basis for the GDPR family.
§2Obligations
- Breach notification
- None
- DPO
- No
- Cross-border transfers
- None
- Maximum penalty
- None
§3Dates
- Key dates
- Adopted
- In force
- Signed as part of the Lisbon Treaty on 2007-12-13; in force 2009-12-01
§4Text and authority
- Text
- Authoritative text eur-lex.europa.eu
- Authority
- Independent supervisory authorities
§5Where it applies
§6Sources and verification
- Sources consulted
- Verification
High confidence.
Declaration 21 annexed to the Lisbon Treaty provides for specific rules for police and judicial cooperation; Art 39 TEU covers CFSP.