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the conditions the GDPR prescribes. The court agreed that Article 23(1)(i) GDPR places a limitation on the scope of Article 15 GDPR. Consequently the right

third parties who reported them, because of the right to privacy per Article 23(1)(i) GDPR of these third parties. The controller is the managing board of the

personal data. Last, the controller generally referred to Article 13(4), Article 14(5) and Article 23 GDPR for possible non-disclosure. The data subject found

legislative measure that serves one of the objectives listed in Article 23, namely Article 23(1)(i) GDPR. After all, the Court of first instance notes, “compliance

it deemed the restrictions on the right of access (Article 15 GDPR]) according to Article 23(1)(h) GDPR legitimate after a reasonable balancing of the public

possible "legitimate interest" under Article 6(1)(f) GDPR. Equally to Article 6(1)(c) GDPR, Article 6(2) and (3) GDPR require that Union or Member State

Articles 4(11), 6(1)(a), 7 and 8 GDPR. For the definition of 'consent', see the more commentary under Article 6(1)(a) GDPR and Article 7 GDPR. For the definition

access (Article 15 GDPR), rectification (Article 16 GDPR), erasure (Article 17 GDPR), restriction of processing (Article 18 GDPR), notification obligation

reliance on Article 6(1)(f) GDPR or at least exercise the right to object under Article 21 GDPR. If the legal basis is Article 6(1)(f) GDPR (i.e. 'legitimate

obligations and rights resulting from Article 15 (3) sentence 1 in conjunction with Article 12 (5) GDPR under Article 23 (1) (i) GDPR Consider a national rule which

(e.g. Article 25 (1) and (2), Article 28(1), Article 32(1) GDPR, Article 89(1) GDPR). These measures can also be regarded as measures under Article 24(1)

further details see Article 14(1)(d) GDPR. Similar to the ex-ante information in Article 13(1)(e) and 14(1)(e) GDPR, Article 15(1)(c) GDPR requires the controller

categories of 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

additional benefit of Article 14(1)(d) GDPR may be questionable, if one agrees that Article 14(1)(c) (see commentary on Article 13(1)(c) GDPR) already requires

between Article 21(3) GDPR and Article 17 GDPR on the right to erasure must be considered. The tight relationship between Article 21(3) and Article 17(1)(c)

provided for in Article 6(1)(a) GDPR or, as the case may be, Article 9(2)(a) GDPR, and consent is withdrawn according to Article 7(3) GDPR, data must be

the territorial scope of the GDPR (Article 3)’, 12 November 2019 (Version 2.1), p. 16 (available here) referring to Article 1(1)(b) Directive (EU) 2015/1535

cases (Article 4(23) GDPR), several supervisory authorities (SA) could be competent according to Article 55 GDPR. For this reason, Article 56(1) GDPR establishes

access (Article 15 GDPR), rectification (Article 16 GDPR), erasure (Article 17 GDPR), restriction (Article 18 GDPR), notification (Article 19 GDPR) or data

commentary to Article 60 GDPR, Article 61 GDPR, Article 62 GDPR, Article 63 GDPR, Article 64 GDPR, Article 65 GDPR, Article 66 GDPR and Article 56 GDPR. The SA

access under Article 15(1)(h) GDPR applies to all kinds of profiling rather than only to automated decision making under Article 22(1) and (4) GDPR. The DPA

contrast to Article 23(1)(e) GDPR, which sets out strict requirements for the Union or Member State's law restricting GDPR rights, Article 18(2) GDPR does not

prevention (Article 23(1)(a-j) GDPR) allow for far fewer GDPR restrictions than those granted by freedom of expression. Article 85(2) GDPR poses one condition

will not have to submit another request for erasure under Article 17(1)(b) GDPR. Article 7(4) GDPR provides some useful guidance on the factors to be taken

flows by the SA pursuant to Article 58(2) GDPR or failure to provide access in violation of Article 58(1) GDPR. Article 83(6) GDPR is a superfluous provision

affected since, under Article 28(1) GDPR, a controller shall only use processors providing the same standards under Article 25 GDPR. Manufacturers or producers

proceedings under Article 79(1) GDPR where no subjective rights under the GDPR are concerned. For example, a data subject cannot use Article 79(1) GDPR to bring

consent under Article 6(4) GDPR and further processing for a compatible purpose under Article 6(4) GDPR. See the commentary on Article 6(4) GDPR for details

this purpose (Article 52(4)(5)(6) GDPR). Elements of SAs' complete independence are also addressed in Article 53 GDPR and Article 54 GDPR. The CJEU in the

recitals for Article 97 GDPR. Article 97 GDPR imposes a "comprehensive reporting obligation" upon the Commission. The first paragraph of Article 97 GDPR sets out

explicit wording of Article 81 GDPR does not limit its application to proceedings instigated either under Article 78 GDPR or Article 79 GDPR. Secondly, the

clear from the wording of Article 41(1) GDPR. Article 41(1) GDPR does not define accreditation. Nonetheless, Article 41(2) GDPR provides a criterion against

accordance with Article 58(1) GDPR. Article 90 GDPR was drafted with a view to regulate potential conflicts between the application of the GDPR on the one hand

As such, Article 8 GDPR stipulates additional requirements for consent by children. Article 8 GDPR applies only if the processing of data (i) relies on

agreement on joint responsibility as required under Article 26(1) of the GDPR. Article 33(1) GDPR outlines that controllers (as defined above) have an

complaint under Article 77(1) GDPR on behalf of the data subject and to represent the them before all supervisory authorities (“SA”) (Article 4(21) GDPR). Secondly

must also be involved in the drafting of the DPIA under Article 35(2) GDPR and Article 39(1)(c) GDPR, and their advice should be recorded by the controller

resolution mechanism under Article 65 GDPR in connection with Article 63 GDPR is triggered (Article 60 (4) GDPR). Article 60(2) GDPR clarifies that also in

However, Article 5(1)(d) GDPR gives the controller some leeway to continue processing inaccurate data - see more details under Article 5(1)(d) GDPR. Article

the establishment of SAs are set out in Article 51(1) and 52 GDPR, Article 54(1)(a) GDPR repeats that these should be legislated for through a Member State's

opening clause under Article 88(1) GDPR, any rules introduced must meet the criteria imposed by Article 88(2) GDPR. Lastly, Article 88(3) GDPR imposes an obligation

bound by the GDPR in its entirety. For the derogation of Article 91 GDPR to become relevant, the following conditions must be fulfilled: (i) first, the

framework of voluntary cooperation provided for in Article 62(1) GDPR is partly supplemented by Article 62(2) GDPR, which contains several cases in which joint

other DPAs concerned. The BCR Lead the submits, following Article 64(1) GDPR and Article 64(4) GDPR, a draft decision to the EDPB. The EDPB, in turn, issues

difference between Article 42(1) GDPR and Article 42(2) GDPR is that in the former, the applicant for certification is subject to the GDPR, while in latter

non-material damage. Article 32(1) GDPR reflects the principle of integrity and confidentiality enshrined in Article 5(1)(f) GDPR. The controller and the

Regulation (GDPR): A Commentary, Article 38 GDPR, p. 707 (Oxford University Press 2020). Bergt, in Kühling, Buchner, DS-GVO BDSG, Article 38 GDPR, margin number

under Article 13 should not be too long. Article 12 GDPR may be limited by Union or national Law in accordance with Article 23 GDPR. Article 12(1) GDPR

the application of the GDPR. You can find further details about the territorial scope in Article 3 GDPR. According to Article 1(2), the Regulation generally

basis of Article 6(1)(c) GDPR (i.e. processing is necessary for compliance with a legal obligation to which the controller is subject) or Article 6(1)(e) GDPR

important to note that Article 13(1)(f) GDPR, Article 14(1)(f) GDPR, Article 15(1)(c) GDPR and Article 15(2) GDPR, make specific reference to transfers of personal

the SAs' tasks, please refer to Article 57 GDPR and for their powers please refer to Article 58 GDPR. See Recital 122 GDPR. In this respect, reference should

Protection Regulation (GDPR), Article 75 GDPR, p. 1105 (Oxford University Press 2020). Dix, in Kühling, Buchner, DS-GVO BDSG, Article 75 GDPR, margin number 6

access (Article 15 GDPR), rectification (Article 16 GDPR), deletion (Article 17 GDPR), restriction of processing (Article 18 GDPR), objection (Article 21 GDPR)

all sanctions mentioned in Chapter VIII GDPR, i.e. the damages under Article 82 GDPR and fines under Article 83 GDPR. In any case, should fines for conduct

or infringes the GDPR or any other applicable laws, including national ones. See commentary under Article 77 GDPR. Article 78(1) GDPR establishes both

binding decision under Article 66 GDPR, at the request of the Hamburg SA which adopted provisional measures under Article 66(1) GDPR, based on its consideration

Hence, Article 89(2) and (3) GDPR also allow for specific derogation to the GDPR for these purposes, as further detailed below. Article 89(1) GDPR provides

consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and (b) the processing is

from any of the GDPR’s protections. → You can find all related decisions in Category:Article 39 GDPR Just as Article 38 GDPR, Article 39 GDPR also shows similarities

subjects - which would be counterproductive. Article 11 GDPR is meant to address this matter. Under Article 11(1) GDPR, when a processing operation does not or

specific rules. Article 82 GDPR introduces a right to compensation for damage caused as a result of an infringement of the GDPR. Article 82(1) contains the

compliance with the GDPR under Article 58(2)(d) GDPR or even ban it under Article 58(2)(f) GDPR. Therefore, complaints under Article 77 GDPR should extend to

with the support of the EDPB in accordance with Article 70(1)(b) GDPR. According to Article 45(5) GDPR, the continued monitoring referred to in paragraph

within the meaning of Article 72(1) GDPR. The GDPR does not contain detailed content requirements for the RoP. Article 74(2) GDPR only stipulates that the

leeway exists only in cases of Article 64(2) GDPR but not the context of Article 70(2) GDPR. According to Article 70(3) GDPR, the EDPB is obligated to “forward

surveillance cameras, it was therefore in breach of Article 37(1)(b) GDPR by not having a DPO. Article 37(1) GDPR specifies three conditions in which the designation

mechanism referred to in Article 63 GDPR (Article 28(8) GDPR). The Commission has made use of its power under Article 28(7) GDPR and published standard contractual

deadline of Article 36(1) GDPR, and it is still disputed whether the outcome of the procedure rather resembles that of Article 58(3)(a) GDPR or Article 58(3)(b)

up. Indeed, the wording of Article 40(1) establishes that they “shall encourage” this (emphasis added). Article 40(1) GDPR clarifies that codes of conduct

mentioned in Article 26(1), but also encompasses other obligations of controllers under the GDPR. EDPB: This extends to various obligations under the GDPR, including

self-determination: 1. In the context of modern data processing, the general right of personality under Article 2.1 in conjunction with Article 1.1 of the Basic

identifier) pursuant to Article 4(1) of the GDPR. c) Combination with other elements The fulfillment of Article 4(1) of the GDPR becomes even more apparent

citizens and the full exercise of their rights". This article is found in Section I of Chapter II of Title I of the Constitution, which confers reinforced constitutional

million) kroner for violation of Article 44 of the data protection regulation. 1 Description of the supervisory matter 1.1 The processing The Swedish Privacy

personal data in that assessment pursuant to Article 15(1) GDPR. However, Article 23(1)(i) GDPR and Article 41 UAVG provide the possibility of a restriction

within the meaning of Article 4 no. 2 of the GDPR and the term "transfer" within the meaning of Article 44 et seq. of the GDPR. GDPR had to be differentiated

connection with the violation of article/and 5.1. c); 6.1.; 13.1. (c);13.1(e) and13.2(a)AVG: r PAGE 01-00001582885-0002-0033-01- □1-� r L _JCourt of Appeal Brussels

processing by the defendant can only be Article 6 (1) sentence 1 lit e) DSGVO (see b) or Article 6 (1) sentence 1 lit f) DSGVO (see c), the requirements

this regulation in accordance with Article 57 (1) (a) GDPR and which has the powers in accordance with Article 58 GDPR. For this reason alone, there was

may not be based on Article 45. Article 46.1 provides, among other things, that in the absence of a decision in accordance with Article 45.3 a personal data

given that Article 6(1), Article 5(1)(a), Article 5(1)(d), Article 5(1)(c), and Article 14 GDPR were infringed in connection to Article 5(1)(b), the AEPD

regarding Articles 5(1)(b) GDPR and 5(1)(e) GDPR and held that national courts had to determine, using the factors of Article 6(4) GDPR, whether further processing

analogous to Article 18 (1)(a) GDPR the Court held that § 12 of the German Registration Law explicitly exludes the application of Article 18 (1)(a) GDPR. According

of personal data of data subjects guaranteed by Article 44 GDPR and consequently breached Article 44 GDPR. The DPA issued a fine of 300,000 SEK (approx.

provisions of article 83.1 of the GDPR. In order to determine the administrative fine to be imposed, the provisions of article 83.2 of the GDPR and article 76 of

interests under Article 6(1)(f) GDPR. On the erasure obligations under Article 17 GDPR, the CJEU held that under Article 17(1)(d) GDPR SCHUFA will be under

the processing of personal data of Article 23(1) of Regulation 2018/1725, the EDPS recalled that, under Article 5(1)(b) of Regulation 2018/1725, processing

presenting the principles of data processing of Article 5(1) GDPR, underlined that, based on Article 5(2) GDPR, it is the data processor's responsibility to

***NIF.1, for a violation of Article 6.1 and another of article 13 of the RGPD, typified in Article 83.5 letters a) and b) of the RGPD, a fine of €1,500 (€1

explanatory statement of the law, Article 10 defines the Authority’s competence in compliance with Article 55 GDPR.Article 55 GDPR provides for a restriction

conformity with Article 5.1. c), Article 6.1., Article 13.1. c), Article 13.1. c), Article 13.1. e) and Article 13.2. a) of the DGPS pursuant to Article 101 of

processing of personal data (Article 5(1) of the GDPR), must, in accordance with Article 12(1) of the GDPR. 1 of the GDPR, must take appropriate measures

application 1.b., from §§ 1, 3 para. 1 no. 1, 4 UKlag in conjunction with §§ 307 para. 1, para. 2 no.1 in conjunction with Art. 5 para. 1 lit. a), Art

and Article 57(1)(a), Article 58(2)(d) and (i) in connection with Article 5(1)(a), (e) and (f) and (2), Article 24(1) and (2), Article 28, Article 30(1)(d)

in the same article 83. 111. Article 83 of the GDPR, as referred to in Article 20, paragraph III, of the Data Protection Act, provides: 1. Each supervisory

be established on Article 45. Article 46.1 provides, among other things, that in the absence of a decision in accordance with Article 45.3 a personal data

enshrined in Article 25 GDPR. Additionally, the AEPD concluded that the controller had violated Article 5(1)(f) GDPR, noting that although the GDPR does not

their processing, according to with article 21 par. 1 of the GDPR, which is based on article 6 par. 1 item or GDPR. In his reply dated 24-05-2022, the

of 27 June 2017, Satakunnan M a r k k i n a p ö r s s i O y k a i S a t a m e d i a O y k a t a F i n l a n d i a s § 165). Also, in the same recent decision