Restrictions
Article 4
1. The Commission may restrict the application of Articles 14 to 20 and Article 35 of Regulation (EU) 2018/1725, as well as the application of the principles of lawfulness, fairness and transparency referred to in Article 4(1), point (a), of that Regulation, insofar as the provisions concerning the restrictions correspond to the rights and obligations provided for in Articles 14 to 20 of Regulation (EU) 2018/1725 where: (a) the exercise of those rights and obligations would jeopardise the Commission’s investigative, enforcement and monitoring tasks to ensure the effective application of Regulation (EU) 2022/1925, in accordance with Article 25(1), points (c) and (g), of Regulation (EU) 2018/1725; (b) the exercise of those rights and obligations would adversely affect the protection of the data subject or the rights and freedoms of others in accordance with Article 25(1), point (h), of Regulation (EU) 2018/1725; (c) the exercise of those rights and obligations could jeopardise the Commission's cooperation with the competent authorities of the Member States when exercising its tasks to ensure the effective application of Regulation (EU) 2022/1925, in accordance with Article 25(1), points (c) and (g), of Regulation (EU) 2018/1725. 2. Before applying restrictions in the circumstances referred to in paragraph 1, point (c), the Commission shall consult the competent authorities of the relevant Member States on potential grounds for imposing restrictions and the necessity and proportionality of those restrictions, unless such consultation would jeopardise the activities of the Commission. 3. Any restriction shall respect the essence of fundamental rights and freedoms and be necessary and proportionate in a democratic society. 4. Before the restrictions referred to in paragraph 1 are applied, the Commission shall carry out and document a case-by-case assessment of their necessity and proportionality. Those restrictions shall be limited to what is strictly necessary to achieve their objective.