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not apparent why the principle laid down in Article 72(1) GDPR should be deviated from. Article 72(1) GDPR stipulates that the Board shall take decisions

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

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

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

one of the 'other administrative or non-judicial' remedies, which Article 78(2) GDPR refers to. If the DPA decides to uphold their decision, they will

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provided for in Article 6(1)(a) GDPR or, as the case may be, Article 9(2)(a) GDPR, and consent is withdrawn according to Article 7(3) GDPR, data must be

meaning Recital 86 GDPR). However, Article 34 GDPR does not provide a specific deadline of 72 hours as is the case in Article 33 GDPR. Instead, timelines

categories of data listed under Article 9(1) GDPR. There have been conflicting arguments as to whether Article 22(1) GDPR lays down a right or a general

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

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 entry into force and

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

protected by Article 96 GDPR if it is found to be incompatible with other GDPR provisions. → You can find all related decisions in Category:Article 96 GDPR It follows

under the GDPR. → You can find all related decisions in Category:Article 94 GDPR Kühling, Raab, in Kühling, Buchner, GVO BDSG, Article 94 GDPR, margin numbers

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 and

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

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

accordance with Article 58(2) [GDPR]”. These is a reference to the information that SAs must keep in internal records according to Article 57(1)(u) GDPR. The report

in the EDPB's Rules of Procedure (“RoP”). Article 33(1) RoP stipulates that in “accordance with Art 76 (1) GDPR”, discussions of the Board and of expert

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

Category:Article 67 GDPR See EDPB, State of Play - IMI for GDPR purposes, 27 June 2018 (available here). See EDPB, 2019 Annual Report, Section 4.3.1 (available

subject to the GDPR or, in cases where they are not established in the EU, act within the material and territorial scope of the GDPR. Article 48 GDPR refers to

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

from Article 6(1) GDPR and comply with the principles enshrined in Article 5 GDPR. Additionally, the processing will still be subject to other GDPR provisions

(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)

the 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

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

accordance with Article 98'. → You can find all related decisions in Category:Article 98 GDPR The CJEU has yet to rule on Article 98 GDPR. Nonetheless, the

of Article 15(1)(c) GDPR, which permits in certain cases that the information provided is limited to "categories of recipient[s]": Article 15 GDPR is a

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

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

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

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

proposed amendments to the GDPR (pursuant to Article 70(1)(b) GDPR). Although not explicitly mentioned in Article 69(2) GDPR, the requirement that the Board

practices published under Article 70(3) GDPR. Though Article 70(3) GDPR already obliges the EDPB to make these public, Article 71(2) GDPR ensures that the public

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

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

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

establishes an EU-wide penalty regime for violations under Article 83 GDPR, Article 84(1) GDPR dispenses with complete harmonisation. It does, however, provide

Recital 167 GDPR and Article 291 TFEU, the aim of implementing acts is to “ensure uniform conditions for implementing” the GDPR. In its GDPR Certification

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

situation, Article 95 GDPR will not be relevant, and the GDPR applies as normal. Notably, Recital 173 GDPR, which relates to Article 95 GDPR, omits reference

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

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

decisions pursuant to Article 65 GDPR (Article 70(1)(t) GDPR). Article 68 GDPR is the first of nine Articles (Articles 68-76 GDPR) governing the EDPB set

first glance, Article 92 GDPR's wording seems to be in conflict with Article 290(1) TFEU, but in actuality it is not. Article 92(2) GDPR must be read in

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

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

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

64(2) GDPR). The remaining paragraphs of Article 64(3)-(8) GDPR lay down substantive rules and a detailed procedure for the EDPB’s opinions. Article 64(1) GDPR

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

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

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

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

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 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

request (Article 61(5) GDPR), the requesting SA may adopt a provisional measure on the territory of its Member State under Article 55(1) GDPR. If the SA

controller is subject, under Article 6(1)(c) GDPR. In line with the general objectives of the GDPR, as outlined in Article 1 GDPR Article 16 TFEU, SAs are also

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

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

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

requirements of data minimization (Article 5(1)(c) GDPR) and storage limitation (Article 5(1)(e) GDPR). Under Article 30(1)(f) GDPR, where possible, the controller

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

Regulation (GDPR), Article 91 GDPR, p. 1263 (Oxford University Press 2020). Tosoni, in Kuner et al., The EU General Data Protection Regulation (GDPR), Article

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

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

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

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

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)

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

the basis of (i) its legitimate interest (Article 6(1)(f) GDPR) or (ii) the public interest (Article 6(1)(e) GDPR). Hence, data subjects may find themselves

elements in Article 2(1) are fulfilled, the GDPR applies unless the processing falls under one of the exemptions named in Article 2(2)(a) to (d) GDPR. The first

into force of the GDPR. Spiecker et al., GDPR Article-by-Article Commentary (2023), p 1073. Spiecker et al., GDPR Article-by-Article Commentary (2023)

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)

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

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

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

According to the final paragraph in Article 49(1) GDPR, when none of the derogations described above (Article 49(1)(a-g) GDPR) is applicable, transfers to third

which would be competent under Article 55(1) GDPR, as provided in Article 56 GDPR in connection with Article 60 GDPR. For more information see commentary

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

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

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

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

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

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

lead SA (“LSA”) (Article 65(1)(b) GDPR), and where a SA is not following an opinion of the EDPB (Article 6(1)(c) GDPR). Article 65(1)(a) GDPR addresses the

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

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

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

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

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

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

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

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

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

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

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

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

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