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carries out a Data Protection Impact Assessment (Article 35 GDPR) or if a prior consultation before a DPA is needed under Article 36 GDPR. As a result, "the

suggest the existence of a penalty for conduct under Article 83 GDPR should not be seen to preclude a further penalty under Article 84 GDPR.  For example, in

of Laws of 2019, item 1781) and Article 57(1)(a), Article 83(1)-(2) and Article 83(6) in connection with Article 58(2)(e) and (i) of the Regulation of

against the controller. Based on Article 72(1)(b) of the national data protection law, and Articles 83(1) and 83(2) GDPR, the DPA considered aggravating

relation to Article 6(1)(a) GDPR since the consent could not be considered valid. Finally, the DPA applied two aggravating circumstances of Article 83(2) GDPR:

2 of the GDPR, and with the provisions of article 76 of the LOPDGDD, with respect to section k) of the aforementioned article 83.2 GDPR. Article 83.2 of

regarding the violation of Article 15(1)(b) and (c). In accordance with Article 58(2) and Article 83(2), the DPA fined Company A €1,500. Since the company

of personal data under Article 9(1) GDPR, explicit consent (Article 9(2)(a) GDPR) would have been necessary for part of the processing operations. In addition

1 lit. a), art. 58 sec. 2 lit. i), art. 83 sec. 1-3 and art. 83 sec. 4 lit. a) in connection with art. 33 paragraph. 1 and art. 34 sec. 1 and 2 of the

Regulation (GDPR): A Commentary, Article 33 GDPR, p. 642-643 (Oxford University Press 2020). According to Bensoussan, the drafting of Article 33 GDPR drew inspiration

states that the party concerned violated Article 83(4)(a) GDPR in conjunction with [Article 32(1) GDPR. Article 32 (1) GDPRby failing, at least with gross

Regulation’s sanctions framework through Article 83(4) GDPR. Article 83(4) GDPR provides that the infringement of Article 31 GDPR may be subject to administrative

However, a controller may incur a fine if it wrongfully relies on that exception, in accordance with Article 83(5) GDPR. A controller subject to a restriction

referred to in Article 83(2) of the RGPD, with with regard to the infringement committed in breach of the provisions of Article 13 thereof allows set a penalty

health of a large number of data subjects, i.e. all the patients of the Company itself (Article 4(1), no. 15 of the Regulation and Article 83(2)(a) and (g)

There is a slightly different concept of "explicit consent" in Articles 9(1)(a), 22(2)(c) and 49(1)(a) GDPR. See the commentary on Article 9(1)(a) GDPR for

negligent action (Article 83(2)(b) GDPR) and that basic identifiers such as name, surname, and address are affected (Article 83(2)(g) GDPR), including also

for detecting information on the health of a few hundred data subjects (Article 83, paragraph 2, letters a) and g) of the Regulation); from the point of

for the alleged violation of Article 5.1.f) of the GDPR and Article 32 of the GDPR, typified in Article 83.5 of the GDPR. FIFTH: Notified of the aforementioned

data established in Article 9(2)(a) GDPR, Article 9(2)(c) GDPR, Article 9(2)(g) GDPR and Article 9(2)(i) GDPR directly correlate with a specific legal basis