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RGPD

Article 90

Obligations of secrecy

1.   Member States may adopt specific rules to set out the powers of the supervisory authorities laid down in points (e) and (f) of Article 58(1) in relation to controllers or processors that are subject, under Union or Member State law or rules established by national competent bodies, to an obligation of professional secrecy or other equivalent obligations of secrecy where this is necessary and proportionate to reconcile the right of the protection of personal data with the obligation of secrecy. Those rules shall apply only with regard to personal data which the controller or processor has received as a result of or has obtained in an activity covered by that obligation of secrecy.

2.   Each Member State shall notify to the Commission the rules adopted pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.

Common Questions

Frequently Asked Questions

Which personal data do these national rules cover?
Only personal data which the controller or processor has received as a result of, or has obtained in, an activity covered by the obligation of secrecy. For any other personal data, these specific rules do not apply.
Did Member States have to inform the Commission about these rules?
Yes. Each Member State had to notify the Commission of the rules adopted under paragraph 1 by 25 May 2018. Any subsequent amendment affecting those rules must be notified without delay.