Search results

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 Recital 171: Repeal of Directive 95/46/EC and Transition Phase Directive 95/46/EC should be repealed by this Regulation.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

consistent with Article 6(1) of the previous Data Protection Directive 95/46/EC. Some of the principles are also reflected in Article 8 of the EU Charter

institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such

2021, 3rd Edition) citing Article 2(a) Directive 2006/114/EC and Article 13(1) Directive 2002/58/EC; Kamann, Braun in Ehmann, Selmayr, Datenschutz-Grundverordnung

data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4 May 2016 (available here)

general and horizontal law on data protection implementing Directive 95/46/EC, Member States have several sector-specific laws in areas that need more specific

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 Directive 95/46/EC is repealed with effect from 25 May 2018. 2. References to the repealed Directive shall

the same objective set out in Directive 2002/58/EC. Recital 173: Relationship to Directive 2002/58/EC This Regulation should apply to all matters concerning

movement of such data. Recital 17: Adaptation of Regulation (EC) No 45/2001 Regulation (EC) No 45/2001 of the European Parliament and of the Council applies

95/46/EC. By October 1998 all EU Member States had to pass a national data protection act that was aligned with Directive 95/46/EC. Directive 95/46/EC allowed

or supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid until amended, replaced or repealed, if necessary, by that

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 seeks to

The scope of what falls under Regulation (EC) No 1049/2001 is fairly broad. Article 2(3) of Regulation (EC) No 1049/2001 provides that documents which

throughout the GDPR. Some definitions are taken from the preceding Directive 95/46/EC, allowing an understanding to build upon the already existing terms. Other

should draw from Article 2 of the Annex to Commission Recommendation 2003/361/EC. Recital 82: Maintenance and Availability of Records In order to demonstrate

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

'rapidly' and 'efficiently' under Article 5(1)(c) eCommerce Directive 2000/31/EC. To ensure that the rights of data subjects are not undermined, Article 12

with Member State law. Regulation (EC) No 223/2009 of the European Parliament and of the Council <ref>Regulation (EC) No 223/2009 of the European Parliament

"[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 the interpretation

Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC; (b) Chapter VII on cooperation and consistency. 3. For the purpose of paragraph

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 Member State

56; (b) the national accreditation body named in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council (20) in accordance

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 Member State

Article and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC. 5. The Commission shall, where available information reveals, in particular

no equivalent to Article 33 GDPR under the Data Protection Directive 95/46/EC. Indeed, Article 17 of the Directive only required controllers to take adequate

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 Member State

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

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

to Recital 54 GDPR, the wording “public health” corresponds to Regulation (EC) No 1338/2008, which includes “all elements related to health, namely health

should draw from Article 2 of the Annex to Commission Recommendation 2003/361/EC. Recital 148: Penalties In order to strengthen the enforcement of the rules

address, etc.)”. In practice, Article 5(1)(c) of the eCommerce Directive 2000/31/EC requires an email address for any service provider. This conclusion is also

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

are therefore withdrawn from the EDPS’s oversight (Article 46 Regulation (EC) No. 45/2001) and are obliged to maintain secrecy vis-à-vis their employer

free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, available here. Case T-198/03, Bank Austria Creditanstalt

GDPR can be partially retraced to the GDPR’s predecessor, the Directive 95/46/EC (DPD). In particular, Article 18 DPD mentioned the role of a ‘data protection

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

roots in Article 18(2) of the Data Protection Directive 1995 (Directive 95/46/EC) (DPD). However, although the DPD spoke about the designation of a DPO, it

702 (Oxford University Press 2020). In addition, although Directive 95/46/EC did not require organisations to appoint a DPO, this nevertheless became an

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 Member State

was no equivalent to Article 34 GDPR in the Data Protection Directive 95/46/EC. Additionally, Article 17 thereof was the only comparable provision, requiring

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

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 Member State

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

enforce the law in the same vein. The GDPR's predecessor, Directive 95/46/EC ("DPD"), was criticised for its fragmented enforcement of the right to data

a complaint procedure. At the European level, Article 46(b) of Regulation (EC) No 45/2001 contains a similar ex officio duty of investigation for the European

covered by Member State law on public access to documents. Directive 2003/98/EC of the European Parliament and of the Council leaves intact and in no way

CJEU in Google Spain in relation to the GDPR's predecessor, Directive 95/46/EC, adopted a wide interpretation of the term 'establishment'. The CJEU considered

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

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 Member State

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

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 is that the GDPR

that context, ‘public health’ should be interpreted as defined in Regulation (EC) No 1338/2008 of the European Parliament and of the Council, namely all elements

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

the sector covered by the code. Although the Data Protection Directive 95/46/EC (DPD) included a provision on codes of conduct (Article 27(1) DPD), this did

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

Electronic Communications (EC Directive) Regulations 2003, which is the Statutory Instrument that implemented the ePrivacy Directive 2002/58/EC. The Privacy and

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

for EUIs (European Institutions) came into force in 2001 under Regulation (EC) 45/2001. Under this regulation the EDPS was created and designated as the

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

justified by the fact that the privilege already existed under the Directive 95/46/EC as already affirmed by the WP29: "controller and processor and their staff

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

landmark 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

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded

Human Rights, 14  September 2010, Sanoma Uitgevers B.V. v. The Netherlands, EC:ECHR:2010:0914JUD003822403, margin number 83: “Further, as regards the words