Applicable restrictions
Article 2
1. Subject to Articles 3 to 9 of this Decision, the Commission may restrict the application of Articles 14 to 17, 19, 20 and 35 of Regulation (EU) 2018/1725, as well as the principle of transparency laid down in Article 4(1), point (a), of that Regulation insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 17, 19, 20 and 35 of that Regulation. The Commission may do so where the exercise of those rights and obligations would adversely affect the protection of the data subject or the rights and freedoms of others in line with Article 25(1), point (h) of that Regulation. 2. Paragraph 1 shall be without prejudice to the application of other Commission decisions laying down internal rules concerning the provision of information to data subjects and the restriction of certain rights under Article 25 of Regulation (EU) 2018/1725. 3. Any restriction of the rights and obligations referred to in paragraph 1 shall respect the essence of fundamental rights and freedoms and be necessary and proportionate in a democratic society taking into account the risks to the rights and freedoms of data subjects. 4. Before restrictions are applied, the Commission shall carry out a ‘case-by-case’ assessment of their necessity and proportionality. Restrictions shall be limited to what is strictly necessary to achieve their objective.