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factors referred to in Article 4 of [Directive 95/46] are not present: must Directive 95/46 … be applied, in the light of Article 8 of the [Charter], in

light of Article 4 of Directive 95/46, which sets out that each Member State has to apply the national provisions it adopts pursuant to Directive 95/46 to the

was a controller within the definition of a controller under Article 2(d) of Directive 95/46. The company offered educational services through a fan page

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 Recital 171: Repeal of Directive 95/46/EC and Transition Phase Directive 95/46/EC should be repealed by this Regulation.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

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

meaning of Article 77 (1) GDPR had not been raised by the plaintiff, it was a "submission" within the meaning of Article 28 (4) of Directive 95/46/EC of the

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

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

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

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

Thus, Article 1 st paragraph 2 of the ePrivacy Directive provides that the provisions of this Directive particularise and complement Directive 95/46 / EC

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;

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 Directive 95/46/EC is repealed with effect from 25 May 2018. 2. References to the repealed Directive shall

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

paragraph 3 of this Article. 5. Authorisations by a Member State or supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain

such media are used solely for transit purposes." This article transposes article 4 of Directive 95/46/EC, which literally states: “Applicable national law

subject (Article 12(2) GDPR), respond and communicate the measures taken (Article 12(3) and (4) GDPR), the principle of freedom from costs (Article 12(5)

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

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

"ePrivacy" directive and the GDPR, Article 1(2) of this directive provides that "the provisions of this directive specify and supplement Directive 95/46/EC "of

under Article 15(1) and (2) GDPR. This is not accurate. Article 15(4) only refers to the right to obtain a copy in Article 15(3) GDPR. Article 15(4) GDPR

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 integrating

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

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

(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

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

the functioning of decisions adopted on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC. In its adequacy decisions, the Commission should

initiatives based on Article 36(4), it is still disputed whether the outcome of the procedure rather resembles that of Article 58(3)(a) GDPR or Article 58(3)(b) GDPR

approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which

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

DS-GVO, Article 69 GDPR, margin numbers 4-6 (C.H. C.H. Beck 2019, 35th edition) Dix in Kühling, Buchner, DS-GVO BDSG, Article 69 GDPR, margin number 4 (C.H

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

and freedoms of individuals", as stated in Article 35(1) and further elucidated in Article 35(3) and Article 35(4) GDPR. The WP29 developed a list of criteria

providers (see Article 2(4) GDPR); the Directive on the Re-use of Public Sector Information (Directive 2003/98/EC amended by Directive 2013/37/EU) regarding

provided for in paragraphs 2 and 3 of article 3 of this regulation.10. Paragraph 1 of Article 4 of Directive 95/46/EC provided that: "Each Member State

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

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

referred to in Article 22(1) GDPR. For further details on the definition of automated decision-making see Article 22 GDPR and Article 4. In short, automated

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)

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

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

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

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

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

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

(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)

related decisions in Category:Article 99 GDPR Kühling, Raab, in Kühling, Buchner, DS-GVO BDSG, Article 99 GDPR, margin number 4 (Beck 2020, 3rd edition).

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

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

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

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;

v Germany, paragraphs 45 and 46, available here. Ziebarth, in Sydow, Marsch, DS-GVO/BDSG, Article 59 GDPR, margin numbers 4 and 5 (Nomos 2022). Ziebarth

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

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

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

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"

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

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)

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

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

of a secret ballot under Article 22(4) RoP and the holding of written procedure under Article 24(1) RoP. Article 72(2) GDPR grants the EDPB regulatory autonomy

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

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

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

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

edition). See, Articles 3(4) and 4 Collective Redress Directive (EU) 2020/1828. See Moos, Schefzig in Taeger, Gabel, DSGVO – BDSG, Article 80 GDPR, margin number

listed in Article 83(4), (5) and (6) GDPR. This specifically refers to violations of Articles 8, 11, 25 to 39, 41(4), 42, 43 of the GDPR (paragraph 4), Articles

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

cooperative burdens. This reading of Article 31 GDPR is supported by the language of Article 83(4)(a) GDPR which categorises Article 31 GDPR as an 'obligation' of

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

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

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

regime. 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)

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

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

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

disclosed to per Article 4(9) GDPR. Article 19 does not establish any specific time requirement for notification. However, since the purpose of Article 19 is to

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,

The authority addressed under Article 66(1)-(2) GDPR is the CSA within the meaning of Article 4(22) GDPR. In contrast, Article 66(3) refers to “any supervisory

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

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

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

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

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

paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8 of this Article, including

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

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

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

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)

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

certain standards of clarity (Article 61(3) GDPR). Requests are imperative and, subject to specific exceptions (Article 61(4) and (5) GDPR), must be fulfilled

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

another Member State in relation to damage referred to in Article 62(4) GDPR. According to Article 62(7) GDPR, if the lead SA does not invite the SA to take

anonymous data. Second, under Article 11(2) GDPR, it would be impossible to inform a data subject who is not identifiable. Under Article 4(1) GDPR, personal 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

provisions such as Article 30(4) for the record of processing or Article 40(11) for the register of approved codes of conduct, Article 26 does not explicitly

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

that purpose. Article 89(4) GDPR makes it clear that the derogations to the GDPR are only available for processing specified in Article 89 GDPR, and not