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- Article 45 GDPR (section (7) Transfers in case of Repeal, Amendment or Suspension of the Adequacy Decision)functioning of decisions adopted pursuant to paragraph 3 of this Article and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC. 5. The43 KB (5,641 words) - 14:58, 28 April 2022
- Article 97 GDPR (category Article 97 GDPR)framework (Article 25(6) Directive 95/46/EC or 'DPD'). The next provision of Article 97(2) GDPR, paragraph (b), establishes Chapter VII of the Regulation16 KB (778 words) - 08:24, 19 October 2023
- Article 6 GDPR (section Tension with Article 5 and 12 GDPR in case of routine reliance on Article 6(4) GDPR)or other binding obligation of secrecy. Recital 171: Repeal of Directive 95/46/EC and Transition Phase Directive 95/46/EC should be repealed by this Regulation108 KB (17,005 words) - 15:39, 18 March 2024
- CJEU - C-230/14 - Weltimmo (section Questions 1-6)(technical manipulation of data) used in both Article 4(1)(a) and in Article 28(6) of the [Hungarian version of Directive 95/46 to translate ‘data processing’]13 KB (1,888 words) - 13:07, 1 June 2023
- paid medical bills. The uses of the word 'incompatible' in Article 6(1)(b) of previous Data Protection Directive 95/46/EC has however raised questions51 KB (6,355 words) - 08:25, 18 April 2024
- APD/GBA (Belgium) - 19/2020 (category Article 5(1)(b) GDPR) (section English Machine Translation of the Decision)not included in Article 6 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with39 KB (6,246 words) - 16:55, 12 December 2023
- point (d) of Article 46(2); (h) to authorise contractual clauses referred to in point (a) of Article 46(3); (i) to authorise administrative arrangements46 KB (5,825 words) - 11:12, 7 November 2023
- decided under the national implementation of 95/46/EC. The investigation started after the DPA was notified of a personal data breach from the Customs Authority61 KB (9,133 words) - 18:55, 5 March 2022
- Article 2 GDPR (section (4) Directive 2000/31/EC)Application of Directive 2000/31/EC This Regulation is without prejudice to the application of Directive 2000/31/EC of the European Parliament and of the Council34 KB (4,652 words) - 12:07, 12 November 2023
- Article 9 GDPR (section (1) General prohibition of processing of special categories of personal data)application of the rules of this Regulation. In conjunction with the general and horizontal law on data protection implementing Directive 95/46/EC, Member44 KB (5,905 words) - 14:00, 24 October 2023
- the case of Article 6(1)(e) and the controller's legitimate interest in the case of Article 6(1)(f). In other words, there is a balancing of interests49 KB (5,993 words) - 06:22, 16 June 2023
- Article 4 GDPR (section (6) Filing system)previously existing definition under Article 2 (a) Directive 95/46/EC. The Directive itself derives the definition from Article 2 (a) Convention 108, according125 KB (16,328 words) - 16:01, 8 March 2024
- Article 94 GDPR (category Article 94 GDPR)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 shall13 KB (530 words) - 09:40, 3 October 2023
- Article 95 GDPR (category Article 95 GDPR)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 replaces20 KB (1,539 words) - 08:21, 19 October 2023
- the basic principles of Directive 95/46/EC stayed the same in the GDPR. In practice the large convergence between Directive 95/46/EC and the GDPR meant that48 KB (5,978 words) - 15:57, 1 February 2024
- adopted by the Commission on the basis of Article 26(4) of Directive 95/46/EC shall remain in force until amended, replaced or repealed, if necessary, by a34 KB (3,646 words) - 08:53, 27 March 2023
- elements of this Regulation into their national law. Recital 9: Fragmentation under Directive 95/46/EC The objectives and principles of Directive 95/46/EC remain28 KB (3,831 words) - 16:21, 14 March 2024
- 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 [...]61 KB (8,488 words) - 15:47, 18 March 2024
- Article 3 GDPR (section Relation with offering of goods or services, or the monitoring of behaviour)found in Recital 19 of Directive 95/46/EC, to which reference has been made in several CJEU rulings broadening the interpretation of the term 'establishment'37 KB (4,635 words) - 13:29, 24 October 2023
- Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory20 KB (1,632 words) - 10:01, 11 October 2023
- 89: Abolishment of Indiscriminate General Notification Directive 95/46/EC provided for a general obligation to notify the processing of personal data to31 KB (3,327 words) - 15:31, 5 June 2023
- Article 98 GDPR (category Article 98 GDPR)Regulation and Directive 2002/58/EC, that Directive should be amended accordingly. Once this Regulation is adopted, Directive 2002/58/EC should be reviewed15 KB (943 words) - 09:58, 8 November 2023
- Article 69 GDPR (category Article 69 GDPR)Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory18 KB (1,327 words) - 12:36, 14 December 2023
- under Article 6(1)(a) or Article 9(2)(a) GDPR, data subjects can withdraw their consent at any time Controllers must make data subjects aware of their31 KB (3,489 words) - 16:00, 8 March 2024
- 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) GDPR76 KB (11,304 words) - 08:37, 4 March 2024
- 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 only54 KB (6,536 words) - 08:22, 16 June 2023
- 89: Abolishment of Indiscriminate General Notification Directive 95/46/EC provided for a general obligation to notify the processing of personal data to31 KB (3,646 words) - 08:51, 21 July 2023
- Article 96 GDPR (category Article 96 GDPR)European Union ("CFR"), as well as Directive 95/46/EC. In the event that such verification is successful, the agreement will remain in force "notwithstanding13 KB (450 words) - 08:22, 19 October 2023
- 89: Abolishment of Indiscriminate General Notification Directive 95/46/EC provided for a general obligation to notify the processing of personal data to52 KB (7,297 words) - 08:05, 18 July 2023
- Article 32 GDPR (section Risks of varying likelihood and severity for rights and freedoms of natural persons)likelihood and severity of risks to the rights and freedoms of individuals. Article 32(1) GDPR makes use of the same concept - "state of the art" - that was41 KB (5,197 words) - 12:17, 17 April 2024
- retraced to the GDPR’s predecessor, the Directive 95/46/EC (DPD). In particular, Article 18 DPD mentioned the role of a ‘data protection official’ who ensured23 KB (2,165 words) - 15:10, 27 July 2023
- (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing71 KB (9,532 words) - 13:30, 6 March 2024
- directly applicable. Article 2(2)(d) GDPR excludes any processing that falls under the scope of the LED from the scope of the GDPR. Article 10 GDPR is intended17 KB (1,768 words) - 15:41, 18 March 2024
- Article 38 GDPR (section (6) Conflict of interests)Regulation (GDPR): A Commentary, Article 38 GDPR, p. 702 (Oxford University Press 2020). In addition, although Directive 95/46/EC did not require organisations29 KB (2,951 words) - 14:19, 25 July 2023
- Article 25 GDPR (section Risks of varying likelihood and severity for rights and freedoms of natural persons)Default', 20 October 2020 (Version 2.0), p. 6 (available here). Article 28(1) literally repeats the wording of Article 25(1): "processors providing sufficient43 KB (4,675 words) - 06:43, 16 June 2023
- 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 examination23 KB (2,489 words) - 23:24, 6 March 2024
- stored in a "filing system" within the meaning of Article 4(6) GDPR. See also Article 2(1) GDPR on the scope of the GDPR when it comes to non-automated filing73 KB (9,896 words) - 15:46, 18 March 2024
- violation of Directive 95/46/EC. In particular, the provision on which disclosure of employees’ data was based seemed in conflict with Articles 6(1)(b) and4 KB (469 words) - 12:29, 8 May 2023
- Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory15 KB (1,196 words) - 08:15, 19 October 2023
- provision under the Directive 95/46/EC (Data Protection Directive – DPD), specifically Article 27(1). Accordingly, certain codes of conduct have already44 KB (5,008 words) - 14:50, 28 July 2023
- Google Spain in relation to the GDPR's predecessor, Directive 95/46/EC, adopted a wide interpretation of the term 'establishment'. The CJEU considered a branch31 KB (3,550 words) - 11:11, 29 November 2023
- Article 70 GDPR (category Article 70 GDPR) (section (1) Tasks to ensure the consistent application of the Regulation)Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory27 KB (3,038 words) - 12:19, 11 October 2023
- Article 24 GDPR (category Article 24 GDPR) (section Risks of varying likelihood and severity for rights and freedoms of natural persons)implementation of more specific technical and organisational measures (e.g. Article 25 (1) and (2), Article 28(1), Article 32(1) GDPR, Article 89(1) GDPR)30 KB (3,458 words) - 10:31, 25 April 2024
- Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory19 KB (1,530 words) - 14:23, 12 October 2023
- Article 76 GDPR (category Article 76 GDPR) (section Confidentiality in the EDPB Rules of Procedure.)to the EDPB. Article 42 of the Charter of Fundamental Rights of the European Union ("CFR") and Article 15(3) Treaty on the Functioning of the European15 KB (787 words) - 08:17, 19 October 2023
- Article 99 GDPR (category Article 99 GDPR)Official Journal of the European Union. 2. It shall apply from 25 May 2018. There is no relevant recital for Article 99 GDPR. Article 99 GDPR sets out12 KB (295 words) - 08:25, 19 October 2023
- under the authority of the controller or processor. The discussions on the relevance of Article 29 GDPR were rooted in the fact that Article 28(3)(b) GDPR already13 KB (674 words) - 13:15, 2 June 2023
- commentary to Article 51(3) GDPR bellow. Article 8(3) of the Charter of Fundamental Rights of the European Union ("CFR") and Article 16(2) of the Treaty on27 KB (2,604 words) - 14:24, 16 January 2024
- 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 data21 KB (1,831 words) - 08:51, 27 March 2023
- GDPR in the Data Protection Directive 95/46/EC. Additionally, Article 17 thereof was the only comparable provision, requiring controllers to take adequate37 KB (3,962 words) - 15:20, 16 June 2023
- 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).43 KB (4,904 words) - 12:59, 21 July 2023
- Article 75 GDPR (category Article 75 GDPR) (section (2) Exclusive Performance of Tasks under the Instructions of the Chair)instructions of, and report to, the Chair of the Board. Article 75 GDPR establishes the existence of, and governs the functioning of the secretariat of the Board20 KB (1,347 words) - 14:21, 17 October 2023
- account the importance of the special categories of personal data within the meaning of Article 9 GDPR. The special protection of Article 10 GDPR should also55 KB (7,622 words) - 14:04, 7 November 2023
- Article 85 GDPR (category Article 85 GDPR) (section (1) Reconciling data protection rules with freedom of expression)application of data protection rules. From the point of legislative history, Article 85 GDPR is a development of Article 9 of the 95/46 directive of the European33 KB (3,748 words) - 14:25, 7 November 2023
- Article 59 GDPR (section Contents of the report)black-letter of the law, the report ”may include a list of types of infringement notified and types of measures taken in accordance with Article 58(2) [GDPR]”15 KB (718 words) - 15:31, 19 October 2023
- or by the Board pursuant to Article 63. In the case of accreditation pursuant to point (b) of paragraph 1 of this Article, those requirements shall complement22 KB (1,634 words) - 14:40, 28 July 2023
- competences, performance of tasks and exercising of powers of SAs. It concerned the interpretation of Article 28 GDPR of Directive 95/46, the GDPR predecessor. It35 KB (3,971 words) - 21:34, 1 April 2024
- 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 differences31 KB (4,768 words) - 06:24, 16 June 2023
- Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory22 KB (2,266 words) - 08:26, 17 October 2023
- Article 8: Conditions applicable to child’s consent in relation to information society services 1. Where point (a) of Article 6(1) applies, in relation19 KB (1,335 words) - 13:56, 24 October 2023
- Article 87 GDPR (category Article 87 GDPR)case under Article 8(7) of the DPD, the precursor of Article 87 GDPR. In many Member States, the processing of NIN and other identifiers of general application15 KB (660 words) - 09:37, 1 December 2023
- appropriate level of expertise in the sector covered by the code. Although the Data Protection Directive 95/46/EC (DPD) included a provision on codes of conduct30 KB (2,720 words) - 14:02, 28 July 2023
- Article 63 GDPR (category Article 63 GDPR) (section Any Other Matter of General Application or Producing Effects in different Member States)contractual clauses referred to in Article 46(3)(a) GDPR, or binding corporate rules within the meaning of Article 47 GDPR. In these cases, the EDPB will15 KB (851 words) - 06:55, 29 April 2022
- Article 86 GDPR (category Article 86 GDPR)documents. Directive 2003/98/EC of the European Parliament and of the Council leaves intact and in no way affects the level of protection of natural persons22 KB (2,177 words) - 10:01, 19 March 2024
- self-incrimination stems from Article 6 of the European Convention on Human Rights ('ECHR') and is found in Union law under Article 47 of the EU Charter of Fundamental Rights22 KB (2,042 words) - 14:29, 20 November 2023
- allocation of tasks between the Chair and the deputy chairs in its rules of procedure. The Board and its Chair, as the successors of the Article 29 Working15 KB (808 words) - 09:44, 17 October 2023
- Article 48 GDPR (section Judgment of a Court, Tribunal, or Administrative Authority of a Third Country)activities of natural and legal persons under the jurisdiction of the Member States. This may include judgments of courts or tribunals or decisions of administrative14 KB (716 words) - 15:19, 28 April 2022
- charge (Article 12(5) GDPR) and the procedure for verifying the identity of the data subject in case of doubts (Articles 11 and Article 12(6) GDPR). Example:32 KB (3,730 words) - 08:43, 7 March 2024
- Article 93 GDPR (category Article 93 GDPR) (section (2) Examination procedure under Article 5 of Regulation (EU) No. 182/2011)the meaning of Article 291(2) of the Treaty on the Functioning of the European Union ("TFEU"). Implementing acts for the objectives of Article 291 TFEU serve17 KB (1,096 words) - 08:19, 19 October 2023
- 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 also35 KB (4,017 words) - 16:04, 18 March 2024
- Article 67 GDPR (category Article 67 GDPR)union acts that are implemented by means of IMI. Article 17 of the EDPB Rules of Procedure (RoP) refers to the use of an “Internal information and communication15 KB (810 words) - 16:13, 2 November 2023
- corresponds to that of Article 82(2) GDPR. However, for a majority of the damaging parties to exist at all, the aforementioned requirements of Article 82(2) and33 KB (4,215 words) - 09:57, 19 March 2024
- “atypical hybrid of regulation and directive.” Whilst it establishes an EU-wide penalty regime for violations under Article 83 GDPR, Article 84(1) GDPR dispenses19 KB (1,477 words) - 14:12, 7 November 2023
- Article 64 GDPR (category Article 64 GDPR) (section (6) Compliance with or deviation from the adopted opinion)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) aims23 KB (2,079 words) - 16:07, 2 November 2023
- rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient19 KB (1,436 words) - 12:35, 12 May 2023
- Article 54 GDPR (section In the course of the performance of their tasks or exercise of their powers)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 provide34 KB (3,649 words) - 13:19, 30 October 2023
- Article 80 GDPR (section Representation of a data subject under Article 82 GDPR, where provided for by Member State law)Knyrim, Der Datkomm, Article 80 GDPR, margin number 6 (rdb.at 2018). Bergt in Kühling, Buchner, DS-GVO BDSG, Article 80 GDPR, margin number 6 (C.H. Beck 202026 KB (2,575 words) - 15:50, 9 November 2023
- the exchange of knowledge, information, and general cooperation. As Kuner remarks, Article 50 GDPR will be of special importance in light of Brexit, as undoubtedly17 KB (1,142 words) - 15:41, 28 April 2022
- Article 91 GDPR (category Article 91 GDPR)broad definition 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 in25 KB (2,482 words) - 10:04, 19 March 2024
- Article 66 GDPR (category Article 66 GDPR) (section (3) Adoption of a final decision of the EDPB without provisional measures)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 supervisory20 KB (1,590 words) - 16:11, 2 November 2023
- Article 14 GDPR (category Article 14 GDPR) (section Appropriate measures to be taken instead of the provision of information)(a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing47 KB (5,644 words) - 17:49, 5 March 2024
- Article 89 GDPR (category Article 89 GDPR)Parliament and of the Council <ref>Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and29 KB (3,695 words) - 13:44, 21 March 2024
- Article 77 GDPR (section In case there is a processing of personal data which infringes the Regulation)eligibility or validity of other remedies. CJEU: The CJEU has clarified in C-132/21 that "Article 77(1), Article 78(1) and Article 79(1) of Regulation (EU) 2016/67933 KB (3,641 words) - 09:51, 19 March 2024
- Article 57 GDPR (section (m) Encourage the drawing up of codes of conduct and regulate the use of codes of conduct)contractual clauses); Article 36(2) GDPR (prior consultation); Article 40 GDPR (codes of conduct); Article 42 GDPR (certification); Article 46 GDPR (standard60 KB (7,796 words) - 20:12, 1 April 2024
- Article 47 GDPR (section (3) Exchange of Information)structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic activity and of each of its members; (b) the data29 KB (2,823 words) - 15:15, 28 April 2022
- Article 61 GDPR (category Article 61 GDPR) (section (3) Requirements of an assistance request and limitation of utilization of requested information)in paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2). Recital24 KB (2,181 words) - 11:46, 15 January 2024
- to in Article 42 may be used as an element by which to demonstrate sufficient guarantees as referred to in paragraphs 1 and 4 of this Article. 6. Without72 KB (9,140 words) - 13:12, 2 June 2023
- Article 42 GDPR (section (5-6) Certification can be cssued through a certification body or by the competent supervisory authority)These include: the lawfulness of processing pursuant to Article 6 GDPR; the principles of data processing pursuant to Article 5 GDPR; the data subjects’ rights27 KB (2,452 words) - 14:26, 28 July 2023
- Article 62 GDPR (category Article 62 GDPR) (section (6) Refrain from requesting reimbursement of damages in other cases)standards of seriousness or (iii) may have adverse effects on the interests of the hosting State within the meaning of Article 346(1) TFEU. Article 62(3) GDPR22 KB (1,915 words) - 13:46, 15 January 2024
- Article 92 GDPR (category Article 92 GDPR) (section (2) Delegation of power under Article 12(8) and 43(8) GDPR)pursuant to Article 290 of the Treaty on the Functioning of the European Union ("TFEU"), within the scope of the GDPR. The function of Article 92 GDPR is19 KB (1,525 words) - 08:18, 19 October 2023
- Article 90 GDPR (category Article 90 GDPR) (section (2) Notification of national implementation to the Commission)reconcile the right of the protection of personal data with the obligation of secrecy”. In the absence of precise indications in the text of the law, European18 KB (1,599 words) - 12:26, 29 April 2022
- 2016/679 In the absence of an adequacy decision pursuant to Article 45(3), or of appropriate safeguards pursuant to Article 46, including binding corporate29 KB (3,500 words) - 08:54, 27 March 2023
- Article 11 GDPR (section Burden of Proof)but not limited to, security of processing (Article 32(1) GDPR) and the general principles of processing set out in Article 5 GDPR. In confirming the above20 KB (1,854 words) - 16:32, 8 March 2024
- 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)25 KB (2,418 words) - 14:11, 24 May 2023
- principles (Article 5), determination of the legal basis for processing (Article 6), implementation of security measures (Article 32), notification of personal37 KB (3,915 words) - 12:49, 24 May 2023
- erasure of personal data or restriction of processing (Article 19 GDPR), data portability (Article 20 GDPR), object (Article 21 GDPR), and refusal of automated44 KB (4,896 words) - 06:25, 16 June 2023
- Article 52 GDPR (section Necessary for effective performance of its tasks and exercise of its powers)the European Court of Justice ("CJEU") in several landmark cases concerning the interpretation of Article 28(1) of Directive 95/46/EC ("DPD"), the Regulation's47 KB (5,594 words) - 22:45, 1 April 2024
- Article 88 GDPR (category Article 88 GDPR) (section Provide for more specific rules to ensure the protection of rights and freedoms)the basis of the consent of the employee, the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations32 KB (3,228 words) - 13:32, 30 November 2023
- accordance with Article 54(1)(f) GDPR. Normally, the duties of a SA member end 'in the event of the expiry of the term of office'. The term of office is dealt29 KB (2,894 words) - 23:06, 1 April 2024
- Article 81 GDPR (section Scope of Article 81 GDPR)resemblance to that of Article 81 GDPR and its supporting Recital 144 GDPR. For instance, the wording of Recital 144 mirrors that of Article 30(3) Brussels27 KB (2,619 words) - 14:52, 16 November 2023