Question What does Recital 13 in GDPR make exempt? refers to Article 30 on the technical definition on record keeping.

But I am interested in another aspect of this sentence:

To take account of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a derogation for organisations with fewer than 250 employees with regard to record-keeping.

Exactly which Recital this section refers when saying

this Regulation includes a derogation for organisations with fewer thatn 250 employees

Article 30's clause 5 says

The obligations referred to in paragraphs 1 and 2 shall not apply to an enterprise or an organisation employing fewer than 250 persons unless the processing it carries out is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of data as referred to in Article 9(1) or personal data relating to criminal convictions and offences referred to in Article 10.

I have found number 250 in this Recital and this Article.

Is this clause 5 of Article 30 and nothing else that the above sentence in Recital 13 refers to?

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.