Data protection provisions in the EU treaties (TEU, TFEU, Charter, ECHR protocols)

EU Treaties

8articles · 0recitals LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this law. Contains: the full text of every article, recital and provision of this law. Everything links back to its source on overview.legal — legal information, not advice.
8articles 7chapters 8topics
TITLE I — COMMON PROVISIONS
Art 6 Article 6 (ex Article 6 TEU)

(ex Article 6 TEU)

6(1)

The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties. The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties. The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.

6(2)

The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union’s competences as defined in the Treaties.

6(3)

Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law.

Open Article 6
Section 1
Art 39 Article 39 In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities. Personal DataProcessing

In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.

Open Article 39
TITLE II — PROVISIONS HAVING GENERAL APPLICATION
Art 16 Article 16 (ex Article 286 TEC) Personal DataProcessing

(ex Article 286 TEC)

16(1) Personal Data

Everyone has the right to the protection of personal data concerning them.

16(2) Personal DataProcessing

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the rules relating to the protection of individuals with regard to the processing of personal data by Union institutions, bodies, offices and agencies, and by the Member States when carrying out activities which fall within the scope of Union law, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities. The rules adopted on the basis of this Article shall be without prejudice to the specific rules laid down in Article 39 of the Treaty on European Union.

Open Article 16
TITLE II — FREEDOMS
Art 7 Article 7 ##### Respect for private and family life Everyone has the right to respect for his or her private and family life, home and communications.

##### Respect for private and family life Everyone has the right to respect for his or her private and family life, home and communications.

Open Article 7
Art 8 Article 8 ##### Protection of personal data Personal DataRight of Access ProceduresRight of Access

##### Protection of personal data

8(1) Personal Data

Everyone has the right to the protection of personal data concerning him or her.

8(2) Right of Access ProceduresRight of AccessConsent

Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.

8(3)

Compliance with these rules shall be subject to control by an independent authority.

Open Article 8
TITLE III — EQUALITY
Art 21 Article 21 ##### Non-discrimination Special Categories of Data

##### Non-discrimination

21(1) Special Categories of Data

Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

21(2)

Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.

Open Article 21
TITLE VI — JUSTICE
Art 47 Article 47 ##### Right to an effective remedy and to a fair trial Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.

##### Right to an effective remedy and to a fair trial Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.

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Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Art 1 Article 1 ##### General prohibition of discrimination Public AuthorityPublic Sector

##### General prohibition of discrimination

1(1)

The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

1(2) Public AuthorityPublic Sector

No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.

Open Article 1