Article 25. Data protection by design and by default

(1) Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Law and protect the rights of data subjects.

(2) The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data cannot be accessed, without the individual’s intervention, by an unlimited number of persons.

(3) A certification mechanism approved in accordance with art. 42 may be used as an element by which to demonstrate fulfilment of the requirements set out in paragraphs (1) and (2) of this Article.