Translation of "Raisonnement orienté par les données " (French → English) :

(v) information on any procedures put in place by the provider to measure and shape traffic as defined in Article 23(5) of Regulation (EU) ./.* including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality, end-users’ privacy and the protection of personal data;

(12a) Discrimination can occur on the grounds that a person has a particular religion or belief, disability, age, or sexual orientation, or a combination thereof and on the grounds that a person is assumed to have a, or associates with or is assumed to associate with a person who has a, particular religion or belief, disability, age, or sexual orientation.

1. Where the data have not been obtained from the data subject or have been obtained from him without his knowledge or without his awareness that data are being collected concerning him, Member States shall provide that the controller or his representative must, at the time of undertaking the recording of personal data or if a disclosure to a third party is envisaged, within a reasonable time after the data are first disclosed, provide the data subject with at least the following information free of cost, except where he already has it or the provision of the information proves impossible or would involve a disproportionate effort:

1. Where the data have not been obtained from the data subject or have been obtained from him without his knowledge or without his awareness that data are being collected concerning him, Member States shall provide that the controller or his representative must, at the time of undertaking the recording of personal data or if a disclosure to a third party is envisaged, within a reasonable time after the data are first disclosed, provide the data subject with at least the following information free of cost, except where he already has it or the provision of the information proves impossible or would involve a disproportionate effort:

Upon reasonable request of the data exporter, it will submit its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the data exporter (or any independent or impartial inspection agents or auditors, selected by the data exporter and not reasonably objected to by the data importer) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours.

A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).