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ensuring the security of processing (Article 32), responsibilities of the DPO in case of data breaches (Articles 33 and 34), and preparation of data protection

first intervention before the Court of Justice in 2005. Specifically on a case concerning international transfers of Passenger Name Record data of airline

secrecy”. In the absence of precise indications in the text of the law, European case-law on necessity and proportionality may provide guidance on how to balance

regulates certain procedural elements as a lex specialis. This is for example the case for detailed competences of the Slovak DPA during the inspection or administrative

supervisory authority and supervisory authorities concerned on the merits of the case, in particular whether there is an infringement of this Regulation. Recital

any definitions drawn from national law cannot be relied upon (Planet49, Case C‑673/17, para 47). See Bergt in Kühling, Buchner, DS-GVO BDSG, Article 81

to be more strict, and require additional criteria to be fulfilled. In any case, the following criteria must be fulfilled as a baseline,  and it is the code

04.05.2023 Parties: Österreichische Post AG Case Number/Name: C-300/21 Österreichische Post AG European Case Law Identifier: ECLI:EU:C:2023:370 Reference

infringe such provisions. According to the EDPB, this is particularly the case if the code involves a sector which is specifically regulated by national

did not meet the requirements for a freely given and informed consent. The case reached the Federal Court of Justice (“Bundesgerichtshof”), which referred

for similar or different purposes (i.e., essentially a competitor). In any case, a request must be made, even electronically. The controller must facilitate

person, also in a case where that name or information is not erased beforehand or simultaneously from those web pages, and even, as the case may be, when its

the further case law cited there). Finally, also according to the national case law of the Administrative Court, it is to be assumed in case of doubt that

GDPRhub all cases are named by Court/DPA, a hyphen and the case number or the case name. If a case number is available, always use the case number. If no

is also relevant in this case. The argumentation above shows that an administrative fine is proportionate in the present case. The NO DPA assessed the

pursuant to Article 4(1)(a) of Directive 95/46, the Hungarian DPA in this case was not competent and could not apply Hungarian law in respect of a supplier

controllers, parts of the case information have taken place together and in parallel in these cases. Decision After a review of the case, the Danish Data Protection

15(3) GDPR Decided: 04.05.2023 Parties: DSB (Austria) Case Number/Name: C-487/21 F.F. v DSB European Case Law Identifier: ECLI:EU:C:2023:369 Reference from:

requests it, unless the request is manifestly unfounded or excessive, in which case information about categories of recipients is sufficient. A data subject

setting this balance depended "on the specific circumstances of the particular case". Furthermore, the judge went on to suggest that the factor to take into