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  • time frame in line with Article 4:13(1) of the Dutch Administrative law. The reason for not putting a deadline in the law is because complaints can lead
    25 KB (3,954 words) - 13:39, 16 November 2020
  • basis in Union or Member State law. This Regulation does not require a specific law for each individual processing. A law as a basis for several processing
    108 KB (17,005 words) - 15:39, 18 March 2024
  • into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on the request.
    76 KB (11,304 words) - 08:37, 4 March 2024
  • uniform European administrative procedural law, the powers of the SAs must in principle be exercised in accordance with the national procedural law of the respective
    46 KB (5,825 words) - 11:12, 7 November 2023
  • such as profiling (see also Article 4(4) GDPR); Restriction (marking for limited further processing, see also Article 4(3) GDPR), such as deactivation of
    125 KB (16,328 words) - 16:01, 8 March 2024
  • in Article 13(1) and Article 13(2) of the GDPR may not be entirely clear. At first glance, one could argue that the information in Article 13(1) is essential
    71 KB (9,532 words) - 13:30, 6 March 2024
  • supervisory authority does not act on a complaint, partially or wholly rejects or dismisses a complaint or does not act where such action is necessary
    33 KB (3,641 words) - 09:51, 19 March 2024
  • social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate
    44 KB (5,905 words) - 14:00, 24 October 2023
  • from 1981. Just like the general principle of transparency in Article 5(1)(a) GDPR and the active information under Article 13 and 14 GDPR and many other
    73 KB (9,896 words) - 15:46, 18 March 2024
  • decisions before the Greek Administrative Courts; Additionally, the Law 3471/2006 that transposes the ePrivacy Directive and The Law 3144/2003 (Article 8) regulates
    23 KB (2,039 words) - 08:15, 25 April 2024
  • procedural law. Those courts should exercise full jurisdiction, which should include jurisdiction to examine all questions of fact and law relevant to
    30 KB (3,874 words) - 10:46, 7 December 2023
  • consulted during preparation of laws and regulations, as well as administrative measures. In this regard Article 36(4) GDPR stipulates that Member States
    60 KB (7,796 words) - 20:12, 1 April 2024
  • European or national law. Therefore, a request for administrative assistance may only be refused if the requested SA is forced to act unlawfully, either
    24 KB (2,181 words) - 11:46, 15 January 2024
  • in general, if it meets the requirements outlined in Article 4(24) GDPR. What constitutes a relevant and reasoned objection is defined in Article 4(24)
    35 KB (4,017 words) - 16:04, 18 March 2024
  • [...] is an issue of national law and the answers to these questions differ significantly between civil law and common law countries". See, Kosta, in Kuner
    31 KB (3,489 words) - 16:00, 8 March 2024
  • the Data Protection Act (DSG) refers to the Administrative Procedural Act (AVG). The most relevant elements are: Contrary to the general 6 months deadline
    11 KB (1,468 words) - 13:27, 14 May 2023
  • supervisory authority does not act on a complaint, partially or wholly rejects or dismisses a complaint or does not act where such action is necessary
    31 KB (3,550 words) - 11:11, 29 November 2023
  • or another legal act under Union or Member State law (processing between the parties "shall be governed by a contract or other legal act"). This is necessary
    72 KB (9,140 words) - 13:12, 2 June 2023
  • in national law of each Member State. In many cases, Member States choose to have a single law to implement aspects of the GDPR and the Law Enforcement
    34 KB (4,652 words) - 12:07, 12 November 2023
  • uncertainty (Articles 11 and 12(6) GDPR). The act of erasing data constitutes a type of processing as defined by Article 4(2) GDPR. The regulation does not provide
    61 KB (8,488 words) - 15:47, 18 March 2024
  • penalties, criminal or administrative, should be determined by Member State law. Article 84 requires Member States to adopt by national law specific provisions
    19 KB (1,477 words) - 14:12, 7 November 2023
  • Protection Law, Article 70 GDPR, margin number 4 (C.H. Beck 2019, 1st edition). Meijers Committee, Note on the use of soft law instruments under EU law, in particular
    27 KB (3,038 words) - 12:19, 11 October 2023
  • respects the rule of law, access to justice as well as international human rights norms and standards and its general and sectoral law, including legislation
    43 KB (5,641 words) - 14:58, 28 April 2022
  • framework through Article 83(4) GDPR. Article 83(4) GDPR provides that the infringement of Article 31 GDPR may be subject to administrative fines up to 10,000,000
    22 KB (2,042 words) - 14:29, 20 November 2023
  • confidentiality established by the law. The restrictive approach must be preferred, as obligations of confidentiality in national law differ in each member state
    41 KB (5,197 words) - 12:17, 17 April 2024
  • Parliament, and unwritten law. “Law” must be understood to include both statutory law and judge-made “law”. In sum, the “law”is the provision in force
    44 KB (4,896 words) - 06:25, 16 June 2023
  • organisational and administrative structure. Recital 121: General Conditions for the Member(s) of Supervisory Authorities The general conditions for the
    29 KB (2,894 words) - 23:06, 1 April 2024
  • revocation) may remove or amend the act issued by the Commission by an ordinary legislative act. As soon as it adopts a delegated act, the Commission shall notify
    19 KB (1,525 words) - 08:18, 19 October 2023
  • procedural law. Those courts should exercise full jurisdiction, which should include jurisdiction to examine all questions of fact and law relevant to
    33 KB (4,185 words) - 16:09, 2 November 2023
  • State law which constitutes a necessary and proportionate measure in a democratic society to safeguard, in particular, important objectives of general public
    17 KB (1,768 words) - 15:41, 18 March 2024
  • propose the DPA to act as “the BCR Lead”. In its application, the group should include all relevant information about a nature and general structure of the
    29 KB (2,823 words) - 15:15, 28 April 2022
  • in the foundations of Union law, through Article 4(3) of the Treaty on the European Union ("TEU"), which imposes a general duty of sincere co-operation
    27 KB (2,604 words) - 14:24, 16 January 2024
  • required by Union or Member State law shall, designate a data protection officer. The data protection officer may act for such associations and other bodies
    43 KB (4,904 words) - 12:59, 21 July 2023
  • provision in the section on the general obligations which cannot be directly penalised with a fine under Article 83(4)(a) or Article 83(5) GDPR. EDPB and
    30 KB (3,458 words) - 10:31, 25 April 2024
  • joint representative, appointed in accordance with that Member State’s law, must act as representative to the Board. While the Commission may participate
    20 KB (1,632 words) - 10:01, 11 October 2023
  • for requesting such opinion or decision, including for the urgent need to act. 4. By derogation from Article 64(3) and Article 65(2), an urgent opinion or
    20 KB (1,590 words) - 16:11, 2 November 2023
  • wording of the Article provides that the Board shall "act independently," indicating that the EDPB must act autonomously in relation to the fulfilment of its
    18 KB (1,327 words) - 12:36, 14 December 2023
  • to Article 56 GDPR are Article 4(7) GDPR (definition of controller), Article 4(8) GDPR (definition of processor), Article 4(16) GDPR (definition of main
    55 KB (7,446 words) - 22:28, 1 April 2024
  • disclosures not authorised by Union law Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring
    14 KB (716 words) - 15:19, 28 April 2022
  • processor should be governed by a contract or other legal act under Union or Member State law, binding the processor to the controller, setting out the
    13 KB (674 words) - 13:15, 2 June 2023
  • processing. Recital 89: Abolishment of Indiscriminate General Notification Directive 95/46/EC provided for a general obligation to notify the processing of personal
    31 KB (3,646 words) - 08:51, 21 July 2023
  • other legal act, the EDPB recommends that such arrangement be made in the form of a binding document such as a contract or other legal binding act under EU
    37 KB (3,915 words) - 12:49, 24 May 2023
  • pilot project to implement the administrative cooperation provisions of the GDPR. This decision refers to the Administrative cooperation between SAs (covering
    15 KB (810 words) - 16:13, 2 November 2023
  • the implementing act regardless. By way of derogation from Articles 4 and 5, under Article 8 of Regulation (EU) No. 182/2011 a basic act may provide that
    17 KB (1,096 words) - 08:19, 19 October 2023
  • national law. For example, as far as the Roman Catholic Church is concerned, some Member States allow for canon law to apply instead of national law for matters
    25 KB (2,482 words) - 10:04, 19 March 2024
  • requires the identification of the data subject, then the controller should act accordingly, deleting or otherwise hiding the identifying reference to the
    20 KB (1,854 words) - 16:32, 8 March 2024
  • Article 82(4) and (5) GDPR set out rules concerning the liability relationships in the case of several damaging parties. According to Article 82(4) GDPR, each
    33 KB (4,215 words) - 09:57, 19 March 2024
  • when interpreting European law. European law forms a supranational body of law and has to be strictly separated from national law and traditions, even when
    48 KB (5,978 words) - 15:57, 1 February 2024
  • Composition of the EDPB (Articles 4 to 9 RoP) 3.      Adoption of documents and procedure (Articles 10 to 13 RoP) 4.      Secretariat and organisation
    22 KB (2,266 words) - 08:26, 17 October 2023
  • European administrative cooperation law as Peuker reports in Sydow, Europäische Datenschutzgrundverordnung, Article 62 GDPR, margin number 13 (Beck 2018
    22 KB (1,915 words) - 13:46, 15 January 2024
  • to personal data and access to their premises, Member States may adopt by law, within the limits of this Regulation, specific rules in order to safeguard
    15 KB (787 words) - 08:17, 19 October 2023
  • administration operating under public law is not required to provide data portability. In accordance with Paragraph 4, the right to data portability must
    40 KB (5,349 words) - 07:05, 1 June 2023
  • demonstrate compliance with the GDPR. However, as Article 42(4) GDPR expressly makes clear, the act of becoming certified does not reduce the responsibility
    27 KB (2,452 words) - 14:26, 28 July 2023
  • processing in Article 4(23) GDPR. The jurisdiction of a SA is limited to the territory of its own Member State. SAs are entitled to act and exercise their
    35 KB (3,971 words) - 21:34, 1 April 2024
  • state or national budget. Recital 121: General Conditions for the Member(s) of Supervisory Authorities The general conditions for the member or members of
    47 KB (5,594 words) - 22:45, 1 April 2024
  • of the national law, or even general rules of international law to determine its application. Example: The Austrian Data Protection Act ('Datenschutzgesetz')
    37 KB (4,635 words) - 13:29, 24 October 2023
  • cooperation of the supervisory authorities throughout the Union. The Board should act independently when performing its tasks. Recital 91: Conditions Necessitating
    15 KB (1,196 words) - 08:15, 19 October 2023
  • Datenschutzgrundverordnung, Article 4 GDPR, margin number 204 (Nomos 2018). Klabunde, in Ehmann, Selmayr, DS-GVO, Article 4 GDPR, margin number 52 (C.H. Beck
    25 KB (2,418 words) - 14:11, 24 May 2023
  • constitutional law, which interprets simple majority to mean a majority of the members present. In contrast, there is no uniform Union law understanding
    19 KB (1,530 words) - 14:23, 12 October 2023
  • organisational and administrative structure. Recital 121: General Conditions for the Member(s) of Supervisory Authorities The general conditions for the
    34 KB (3,649 words) - 13:19, 30 October 2023
  • by a contract or other legal act”. In addition, Article 28(3)(f) GDPR specifically requires that this contract or legal act stipulates that the processor
    37 KB (3,962 words) - 15:20, 16 June 2023
  • when terms are not defined in Union law, they take on an autonomous meaning, any definitions drawn from national law cannot be relied upon (Planet49, Case
    27 KB (2,619 words) - 14:52, 16 November 2023
  • which can lead to confusion and subsequent errors. The case-law reflects both views. Case-law: The Norwegian Privacy Appeals Board (Personvernrådet) overturned
    23 KB (2,489 words) - 23:24, 6 March 2024
  • Protection Act 2017) as well as Spain (Article 88 Spanish Data Protection Law 2007 provided for a similar obligation under their national law. See, Burton
    54 KB (6,536 words) - 08:22, 16 June 2023
  • 05/2014 on Anonymisation Techniques, 0829/14/EN, 10 April 2014, p. 4, 8 and in general throughout the Opinion (available here). Eichler, in BeckOK DatenschutzR
    29 KB (3,695 words) - 13:44, 21 March 2024
  • data protection laws. Regarding the scope of the obligation to inform and advise, all Chapter IV of the GDPR, which covers the general obligations of the
    23 KB (2,165 words) - 15:10, 27 July 2023
  • consistency” in data protection law. This is particularly relevant given the fact that Member States may give effect to EU data protection law in ways which differ
    44 KB (5,008 words) - 14:50, 28 July 2023
  • consistency” in data protection law. This is particularly relevant given the fact that Member States may give effect to EU data protection law in ways which differ
    30 KB (2,720 words) - 14:02, 28 July 2023
  • Article 83 - General conditions for imposing administrative fines 1. Each supervisory authority shall ensure that the imposition of administrative fines pursuant
    55 KB (7,622 words) - 14:04, 7 November 2023
  • basis in Union or Member State law. This Regulation does not require a specific law for each individual processing. A law as a basis for several processing
    182 KB (24,065 words) - 13:40, 9 July 2021
  • DSB (Austria) - 2021-0.586.257 (category Article 4(1) GDPR)
    (DSG), Federal Law Gazette I No. 165/1999, as amended; Section 68(2) of the General Administrative Procedure Act 1991 (AVG), Federal Law Gazette 51/1991, as
    108 KB (17,097 words) - 13:52, 12 May 2023
  • CNIL (France) - SAN-2020-012 (category Article 4(7) GDPR)
    French law, in particular those which transpose the ePrivacy directive. Consequently, the case law of the CJEU on the application of Article 4 of the former
    93 KB (14,936 words) - 17:09, 6 December 2023
  • force. The national act which implemented the EU Directive was the Data Protection Act 1998. Subsequently, when the General Data Protection Regulation
    14 KB (2,011 words) - 15:42, 25 November 2020
  • Court of Appeal of Brussels - 2019/AR/1600 (category Article 13(1)(c) GDPR)
    with Articles 5(1)(c), 6(1); 13(1)(c), 13(1)(e). and 13.2. a)AVG - on the grand of art. 101 of the WOG, an administrative fee of 10,000. EUR as a result
    60 KB (9,144 words) - 16:17, 22 March 2022
  • Beyond, in International Journal of Law and Information Technology, 27 (2019), p. 102. See also Articles 4(11) and 7(4) GDPR, as well as Recital 43 GDPR
    31 KB (4,768 words) - 06:24, 16 June 2023
  • "The Data Protection Act" (Dataskyddslagen). The age of consent in Sweden is 13 years following § 4 of the Data Protection Act. Under Chapter 3 § 3 number
    7 KB (793 words) - 14:08, 1 October 2021
  • Federal Administrative Court Decision date 09.08.2021 Business number W211 2222613-2 Saying W211 2222613-2/12E DECISION The Federal Administrative Court
    51 KB (8,592 words) - 07:03, 2 November 2021
  • that the provision of Section 13, subsection 2 of the Act on the Status and Rights of the Patient (785/1992, Patient Act) requires that the registered
    49 KB (7,496 words) - 14:44, 24 January 2024
  • console for G-suite. 4. Justification for the Danish Data Protection Agency's decision 4.1 General It follows from the Public Schools Act, section 2, subsection
    48 KB (7,442 words) - 10:24, 12 September 2022
  • decision. Administrative penalty fee According to Section 24 of the Data Protection Act, the administrative fine stipulated in Article 83 of the General Data
    52 KB (7,936 words) - 22:32, 2 March 2024
  • Security appears as the creditor entity; for a period of time between 4/13 to 4/13; as a means of publication it is indicated "SSS ELECTR (...) " and as
    602 KB (102,229 words) - 14:21, 13 December 2023
  • to identify a will of Meta IE to act in breach of the law, as it cannot be concluded that Meta IE intentionally acted to circumvent its legal obligations
    53 KB (8,413 words) - 14:10, 30 January 2023
  • of the law n° 78-17 of 6 January 1978 modified relating to data processing, files and liberties; Having regard to deliberation n° 2013-175 of 4 July 2013
    41 KB (6,558 words) - 17:09, 6 December 2023
  • .....................13 2.4 Transfer of personal data to third countries............................................. ....14 2.4.1 Applicable regulations
    113 KB (12,773 words) - 15:20, 6 December 2023
  • from the previous case law of the Administrative Court, nor is there any case law; Furthermore, the case law of the Administrative Court is not to be judged
    47 KB (7,519 words) - 09:28, 13 February 2024
  • BVwG - W211 2210458-1/10 (category Article 4(7) GDPR)
    in Sections 13(3) of the Data Protection Act and 50b(2) of the Data Protection Act 2000 infringed Sections 13(3) in conjunction with 62(1)(4) of the Data
    92 KB (15,435 words) - 16:00, 22 March 2022
  • under administrative offences law. The penalty notice was therefore issued in a procedure that is not provided for in the Administrative Offences Act and
    36 KB (5,810 words) - 13:09, 21 January 2022
  • in case PVN-2021-13. However, the Board is not able to increase the fine due to limitations in the Norwegian Public Administration Act § 34. Share blogs
    31 KB (5,018 words) - 18:44, 5 March 2022
  • Lääkäriklinikka Estetic Oy has given a counter-explanation. Administrative law solution The administrative court rejects the appeal and the claim for legal costs
    22 KB (3,193 words) - 10:34, 29 February 2024
  • Personvernnemnda (Norway) - 2018-14 (15/01355) (category Article 4(11) GDPR)
    Personal Data Act 2000, before submitting it to the Privacy Board in June 2018. New law on the processing of personal data (Personal Data Act 2018) entered
    144 KB (23,058 words) - 18:48, 5 March 2022
  • AEPD (Spain) - EXP202202164 (category Article 13 GDPR)
    articles 13 and 14 of the Regulation (EU) 2016/679 and 12 of this organic law.” IV For the purposes of deciding on the imposition of an administrative fine
    29 KB (4,482 words) - 14:06, 5 March 2024
  • APD/GBA (Belgium) - 31/2020 (category Article 13 GDPR)
    a); art. 12.1. and 13.1. c) and d) and 13.2. b) AVG. - to impose an administrative fine of 2000 EUR on the basis of art. 100, §1, 13° WOG and art. 101 WOG
    48 KB (7,926 words) - 16:56, 12 December 2023
  • the person concerned, shall be determined by Union law or by the national law of the Member States 4.2. Legal basis for obtaining credit information Obtaining
    40 KB (5,943 words) - 18:54, 5 March 2022
  • for in Article 4(1) of this Act". Also see Art. 72(1) DPA Act: "Without prejudice to the provisions of this Chapter, the Inspector General and the inspectors
    429 KB (58,279 words) - 09:12, 2 November 2022
  • CNIL (France) - SAN-2020-009 (category Article 13 GDPR)
    Articles 5, 12 and 13 of the Regulations and of Article 82 of the Data Protection Act, together with a penalty, as well as an administrative fine. He also proposed
    48 KB (7,404 words) - 17:09, 6 December 2023
  • BVwG - W258 2217446-1 (category Article 4(1) GDPR)
    inspecting the administrative act, the Business Information System Austria and by questioning XXXX - with regard to possible administrative criminal proceedings
    79 KB (12,652 words) - 09:41, 10 September 2021
  • AEPD (Spain) - EXP202209511 (category Article 13 GDPR)
    additional provision final fourth of Law 29/1998, of July 13, regulating the Contentious Jurisdiction- administrative, within a period of two months counting
    22 KB (3,257 words) - 13:28, 13 December 2023
  • regulated by a special law. Pursuant to Section 2 of the Act on Determining the Criminal Background of Volunteers Working with Children, this Act provides for a
    41 KB (6,555 words) - 08:37, 4 March 2024
  • Personvernnemnda (Norway) - 2021-03 (category Article 13 GDPR)
    Authority's long case processing time. It is a general and basic principle, both in criminal and administrative law, that cases must be decided within a reasonable
    25 KB (4,046 words) - 18:37, 5 March 2022
  • by €50,000 to €440,000. 4.3.3 Proportionality Finally, pursuant to Articles 3:4 and 5:46 of the General Administrative Law Act, the AP assesses whether
    67 KB (11,415 words) - 17:15, 12 December 2023
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