Article 16(2) TFEU mandates the European Parliament and the Council to lay down the rules relating to the protection of natural persons with regard to the processing of personal data and the rules relating to the free movement of personal data.
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Why Recital 12 Matters for GDPR Compliance?
Recital 12 highlights the legal basis for the GDPR by referencing Article 16(2) of the Treaty on the Functioning of the European Union (TFEU), which empowers the European Parliament and the Council to establish rules on the protection of personal data and its free movement. It clarifies the authority behind the GDPR and reinforces its legitimacy as a unified legal framework across the EU. This recital is important in legal contexts to confirm that GDPR obligations are grounded in EU primary law. Organizations must recognize that compliance with GDPR is not optional but based on binding legal authority that applies across all Member States.