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Article 19
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Notification obligation regarding rectification or erasure of personal data or restriction of processing

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Articles related to article 19

Key words related to article 19

There is no recital in the Regulation related to article 19.

There is no recital in the Directive related to article 19.

The GDPR

Article 19 sets up a notification obligation of the data controller that requires them to communicate to each data recipient any rectification, erasure or restriction of processing on the basis of Articles 16, 17 (1) and Article 18 of the Regulation.

The controller, however, can avoid this obligation if they prove that such communications is impossible or involves disproportionate effort.

The final compromise on the future Regulation supplements Article 18 with an obligation to inform the data subject of the identity of recipients when the data subject so requests.

The Directive

The Directive already required the states to guarantee to data subjects the right to obtain notification to third parties to whom the data have been disclosed of any rectification, erasure or blocking, unless this proves impossible or involves a disproportionate effort (see Article 12 c)).

Potential issues

This right is difficult to manage. It requires a perfect management of data transfers to third parties and strongly depends on the sustainability of those third parties (transformation, bankruptcy, etc.). The inability to escape it must however be objective and can not be confused with the lack of implementation of a transmission monitoring procedure.

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Regulation
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Art. 19

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
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Art. 13 

The controller  shall communicate  any rectification or erasure carried out in accordance with Articles 16 and 17 to each recipient to whom the data have been disclosed, unless this proves impossible or involves a disproportionate effort.
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Art. 17b

The controller shall communicate any rectification, erasure or restriction of processing carried out in accordance with Articles 16, 17(1) and 17a to each recipient to whom the data have been disclosed (...) unless this proves impossible or involves disproportionate effort.
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Art. 12

Member States shall guarantee every data subject the right to obtain from the controller:

c) Notification to third parties to whom the data have been disclosed of any rectification, erasure or blocking carried out in compliance with (b), unless this proves impossible or involves a disproportionate effort.
Denmark
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37. - (1)  The controller shall at the request of the data subject rectify, erase or block data which turn out to be inaccurate or misleading or in any other way processed in violation of law or regulations.

(2) The controller shall at the request of the data subject notify the third party to whom the data have been disclosed of any rectification, erasure or blocking carried out in compliance with subsection (1). However, this shall not apply if such notification proves impossible or involves a disproportionate effort.
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Article 16.4.- Organic Law 15/1999 on the protection of personal Data.-

If the data rectified or cancelled have previously been communicated, the controller shall notify the person to whom they have been communicated of the rectification or cancellation. If the processing is being maintained by that person, he shall also cancel the data.

Article 32.3.- Royal Decree 1720/2007 Implementing Organic Law 15/1999.-

If the rectified or erased data has been previously assigned, the data controller shall communicate the rectification or erasure made to the recipient, within the same period of time, so that he may, also within ten days starting from receipt of such communication, proceed to similarly rectify or erase the data.

The rectification or erasure by the recipient shall not require any communication to the data subject, without prejudice to the exercise of the rights by the data subjects recognised in Organic Law 15/1999, of 13 December.
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