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decisions adopted pursuant to Article 45(3) of this Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC; (b) Chapter VII on cooperation

to transfer of personal data according to Article 25 Directive 95/46. Whether the provisions of Directive 95/46 are in conflict with the general principles

binding obligation of secrecy. Recital 171: Repeal of Directive 95/46/EC and Transition Phase Directive 95/46/EC should be repealed by this Regulation. Processing

previous Data Protection Directive 95/46/EC. Some of the principles are also reflected in Article 8 of the EU Charter of Fundamental Rights (EU Charter),

implement aspects of the GDPR and the Law Enforcement Directive. Article 3(2) of the previous Directive 95/46/EG already exempted the rather sensitive area of

previously existing definition under Article 2 (a) Directive 95/46/EC. The Directive itself derives the definition from Article 2 (a) Convention 108, according

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

special 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

Article 94 - Repeal of Directive 95/46/EC 1. Directive 95/46/EC is repealed with effect from 25 May 2018. 2. References to the repealed Directive shall

DS-GVO BDSG, Article 21 GPDR, margin number 48 (C.H. Beck 2021, 3rd Edition) citing Article 2(a) Directive 2006/114/EC and Article 13(1) Directive 2002/58/EC;

pass a national data protection act that was aligned with Directive 95/46/EC. Directive 95/46/EC allowed Member States to adapt the rules to national frameworks

decisions in Category:Article 25 GDPR The Data Protection Directive did not contain a similar provision. Although Article 17 DPD Recital 46 had a similar thrust

out in Article 6 of the directive and, secondly, with one of the criteria for making data processing legitimate listed in Article 7 of the directive [...]

establishes that Directive 95/46/EC applies to matters not covered by the provisions of the EPD. Given that Article 94 GDPR repeals Directive 95/46/EC and replaces

and device manufacturers. However, similarly to what happens under Article 25, Article 32 GDPR holds practical significance when it comes to the controller

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

adopted pursuant to paragraph 3 of this Article and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC. 5. The Commission shall, where available

(EDPB), "[t]his wording is identical to that found in Recital 19 of Directive 95/46/EC, to which reference has been made in several CJEU rulings broadening

to the well-being of natural persons. Recital 3: Directive 95/46/EC Harmonisation Goal Directive 95/46/EC of the European Parliament and of the Council

legislator or intended. Compared with the previous Directive 95/46, Article 15(3) GDPR constitutes an additional right to receive a copy of all personal data

processing (Article 35(1), last sentence GDPR). "Commission decisions adopted and authorisations by supervisory authorities based on Directive 95/46/EC remain

The roots of Article 39 GDPR can be partially retraced to the GDPR’s predecessor, the Directive 95/46/EC (DPD). In particular, Article 18 DPD mentioned

(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)

(“EDPB”). The EDPB replaces the Article 29 Working Party (“WP29”), the former advisory body established under Directive 95/46/EC. Notably, the powers granted

proceedings under Article 79 GDPR can be brought both against a controller (as defined under Article 4(7) GDPR) and a processor (as defined under Article 4(8) GDPR)

the European Union. 2. It shall apply from 25 May 2018. There is no relevant recital for Article 99 GDPR. Article 99 GDPR sets out the dates of the Regulation's

proportionality, enshrined in EU primary law in Article 5(4) TEU and Article 52(1)(2) CFR, is also reflected in Article 83(1) GDPR. In general, a measure is proportionate

for such performance. Article 7 GDPR regulates the "conditions for consent". It specifies the definition of consent set out in Article 4(11) GDPR and, by

Charter of Fundamental Rights of the European Union ("CFR"), as well as Directive 95/46/EC. In the event that such verification is successful, the agreement

electronic communications, which supersede the GDPR(see Article 95 GDPR); the e-Commerce Directive (Directive 2000/31/EG), especially in the context of liability

Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each

operations. Recital 89: Abolishment of Indiscriminate General Notification Directive 95/46/EC provided for a general obligation to notify the processing of personal

Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable

other binding obligation of secrecy. Article 10 GDPR is a complementary provision to the Law Enforcement Directive (LED). It aims to ensure that criminal

those answers prove to be inaccurate, within the meaning of Article 6(1)(d) of Directive 95/46, for example due to the fact that, by mistake, the examination

processing. Recital 89: Abolishment of Indiscriminate General Notification Directive 95/46/EC provided for a general obligation to notify the processing of personal

Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each

information society service(s)." According to Article 4(25) GDPR, which in turn refers to Article 1(1) of Directive (EU) 2015/1535, an "information society service"

right to data protection. Article 51 GDPR is closely connected to Article 4(21) (definition of SA), Article 52 (independence), Article 53 (General conditions

hybrid of regulation and directive.” Whilst it establishes an EU-wide penalty regime for violations under Article 83 GDPR, Article 84(1) GDPR dispenses with

the relevance of Article 29 GDPR were rooted in the fact that Article 28(3)(b) GDPR already seems to cover much of the scope of Article 29 GDPR. More specifically

of the notion of religion in general. For instance, under Article 10(1)(b) of Directive 2011/95/EU, “[t]he concept of religion shall in particular include

Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each

publish a report on their activities, provided for in Article 28(5) of the Data Protection Directive, to be part of the accountability required by the principle

policy 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

point, it is 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

point of legislative history, Article 85 GDPR is a development of Article 9 of the 95/46 directive of the European Union. Article 9 obliged Member States to

the code. Although the Data Protection Directive 95/46/EC (DPD) included a provision on codes of conduct (Article 27(1) DPD), this did not include any information

Regulation (GDPR): A Commentary, Article 38 GDPR, p. 702 (Oxford University Press 2020). In addition, although Directive 95/46/EC did not require organisations

Chair of the Board. Article 75 GDPR establishes the existence of, and governs the functioning of the secretariat of the Board. Article 75 GDPR outlines the

adequacy decision pursuant to Article 45 GDPR shall be used, when it exists; second, appropriate safeguards under Article 46 GDPR, such as binding corporate

Category:Article 33 GDPR There was no equivalent to Article 33 GDPR under the Data Protection Directive 95/46/EC. Indeed, Article 17 of the Directive only

Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each

exercising of powers of SAs. It concerned the interpretation of Article 28 GDPR of Directive 95/46, the GDPR predecessor. It stays relevant with regard to concepts

that process them. This was already the case under Article 8(7) of the DPD, the precursor of Article 87 GDPR. In many Member States, the processing of NIN

decisions in Category:Article 34 GDPR As with that provision, there was no equivalent to Article 34 GDPR in the Data Protection Directive 95/46/EC. Additionally

consistency 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

to in Article 46(2)(d) GDPR, contractual clauses referred to in Article 46(3)(a) GDPR, or binding corporate rules within the meaning of Article 47 GDPR

to in point (d) of Article 46(2) and in Article 28(8); (e) aims to authorise contractual clauses referred to in point (a) of Article 46(3); or (f) aims to

to Article 42(7); (p) specify the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies under Article 42;

compliance. Article 40 GDPR elaborates upon a pre-existing provision under the Directive 95/46/EC (Data Protection Directive – DPD), specifically Article 27(1)

with Article 13, Article 14 GDPR gives expression to the principle of transparency enshrined in Article 5(1)(a) GDPR and further defined in Article 12 GDPR

decisions in Category:Article 74 GDPR For more on this point, see Article 72 GDPR. Dix in Kühling, Buchner, DS-GVO BDSG, Article 74 GDPR, margin number

deliberations of the Board's predecessor, the Article 29 Working Party (“WP29”), were wholly privileged. Under Article 11(1) of WP29's Rules of Procedure, any

rules, do not fall within the scope of this article. → You can find all related decisions in Category:Article 48 GDPR Kuner, in Kuner, Bygrave, Docksey,

referred to in Article 64. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2). Recital

remedies. CJEU: The CJEU has clarified in C-132/21 that "Article 77(1), Article 78(1) and Article 79(1) of Regulation (EU) 2016/679 [...] must be interpreted

unlike delegated acts made under Article 92 GDPR. Article 93(2) GDPR explicitly provides for the application of Article 5 of Regulation (EU) No 182/2011

although a somewhat similar protection could already be found in Article 12(2) of Directive 95/46 (DPD). That provision gave data subjects the possibility to

protection principles (Article 5), determination of the legal basis for processing (Article 6), implementation of security measures (Article 32), notification

that falls outside the scope of Article 57 GDPR should be deemed inadmissible for the purposes of Article 31 GDPR. Article 31 GDPR can be read as a supporting

restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been

the exchange of knowledge between them. This way, Article 50 GDPR expands the exhortation under Article 57(1)(g) GDPR that calls for cooperation between

confidentiality obligations were already in place under Article 28(7) of the GDPR's predecessor, Directive 95/46/EC. Article 54(1) GDPR mandates Member States to provide

right to receive compensation under Article 82 GDPR was not included in the initial draft of Article 80 GDPR (then Article 73) and was only inserted later

assessment should not be mandatory. Article 22 GDPR has its roots in Articles 12a and 15 of the 95/46/EC Data Protection Directive (DPD). One of the main differences

and 14 GDPR), access (Article 15 GDPR), rectification (Article 16 GDPR), erasure (Article 17 GDPR), restriction of processing (Article 18 GDPR), notification

information in the course of an investigation, in accordance with Article 58(1) GDPR. Article 90 GDPR was drafted with a view to regulate potential conflicts

Category:Article 37 GDPR The notion of appointing a DPO has its roots in Article 18(2) of the Data Protection Directive 1995 (Directive 95/46/EC) (DPD)

under the terms referred to in Article 46(2)(f) GDPR. One substantial difference between Article 42(1) GDPR and Article 42(2) GDPR is that in the former

to in Article 42(5) and approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63; (c)

Press 2020). Spiecker et al., GDPR Article-by-Article Commentary (2023), p 1090. Spiecker et al., GDPR Article-by-Article Commentary (2023), p 1090. CJEU

derogation from Article 64(3) and Article 65(2), an urgent opinion or an urgent binding decision referred to in paragraphs 2 and 3 of this Article shall be adopted

dispute 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

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

this Article. 2.   The delegation of power referred to in Article 12(8) and Article 43(8) shall be conferred on the Commission for an indeterminate period

cases concerning the interpretation of Article 28(1) of Directive 95/46/EC ("DPD"), the Regulation's predecessor. Article 28(1) DPD established the existence

subjects - which would be counterproductive. Article 11 GDPR is meant to address this matter. Under Article 11(1) GDPR, when a processing operation does

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

the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2). Recital 110:

territory of its Member State in accordance with Article 55(1). In that case, the urgent need to act under Article 66(1) shall be presumed to be met and require

GDPR (Article 31 GDPR). Direct liability of the representative is limited to the obligations set out in Article 30 and Article 58(1)(a) GDPR. Article 27(5)

of this Article, the other supervisory authorities may adopt a provisional measure on the territory of its Member State in accordance with Article 55. In

studies. 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

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

by Article 53(4) GDPR are contained in several other EU law provisions concerning the dismissal of members of independent bodies. These are Article 247

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

subject – may violate primary EU law, namely Article 47 CFR in connection with Article 16 TFEU and Article 8 CFR. In Joined Cases E-11/19 and E-12/1, the

required in principle (see hereunder Article 65(2) GDPR) to adopt a decision under Article 65 GDPR is reached, since Article 64 GDPR only requires a simple majority

processing), Article 57 GDPR (tasks of SAs), Article 58 GDPR (powers of SAs), as well as Article 65 GDPR (dispute resolution by the board), Article 63 GDPR (consistency