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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

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

Regulation (GDPR): A Commentary, Article 49 GDPR, p. 846 (Oxford University Press 2020). EDPB, ‘Guidelines 2/2018 on derogations of Article 49 under Regulation

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

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

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

the GDPR (Article 3)’, 12 November 2019 (Version 2.1), p. 6 (available here). EDPB, ‘Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)’

provided for in Article 52(3) GDPR and Articles 53(3) and 53(4) GDPR. For more information on SA members and staff, please refer to Article 52(2) GDPR (SA members)

requirements. Although Article 40(5) GDPR mentions that the competent DPA will be determined through the application of Article 55 GDPR, the GDPR does not provide

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

in Category:Article 45 GDPR Kuner, in Kuner, Bygrave, Docksey, The EU General Data Protection Regulation (GDPR): A Commentary, Article 45 GDPR, p. 774 (Oxford

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

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

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

laid down in Article 57 GDPR. The powers of SAs are both investigative and corrective, which are set out in Article 58 GDPR. Article 52(2) GDPR requires two

of such processing (see Article 5(1)(b) GDPR), the requirement to have a legitimate basis laid down by law (see Article 6(1) GDPR), the right to access and

Spain the GDPR is developed by the Ley Orgánica 3/2018 de Protección de Datos Personales y garantía de los derechos digitales (LOPDGDD). Article 7.2 LOPDGDD

deals with processing within the scope of the GDPR. Part 2 deals with processing outside of the scope of the GDPR. Part 3 deals with processing by competent

persons pursuant to Article 34(1) GDPR. The Danish DPA found that Intervare did not go through with a proper assessment pursuant to Article 34(1), as it had

the personal data to be provided pursuant to Article 15(1) GDPR: must Article 15(3) first sentence of the GDPR be interpreted as meaning that, due to the

GDPR, Article 9 GDPR, Article 10 GDPR, Article 30 GDPR and Article 34 GDPR, as well as the provision of the PDPA governing processing of personal data

processed on the basis of Article 6(1)(c) GDPR does not have the rights to erasure and objection contained in Article 17 and Article 21 GDPR respectively. This

conferred on it by the provisions of Article 58 of the GDPR and Article 15 of Law 4624/2019. 2. As Article 5 of the GDPR defines the processing principles

longer of importance to society. As a result, and in accordance with Article 58(2)(c) GDPR, the DPA ordered the controller to comply with the data subject's

presenting the principles of data processing of Article 5(1) GDPR, underlined that, based on Article 5(2) GDPR, it is the data processor's responsibility to

Appeals Board assessed if a fine could be imposed as per Article 83(5) GDPR, cf. Article 83(2) GDPR, and in which case, how large it should be. The Board

GDPR and Article 66.2 WOG); and • compliance with the transparency obligations (Article 12 GDPR) and the te provide information (Article 13 GDPR). Page

under Article 34 GDPR. The Garante had to establish whether the INPS acted lawfully with regard to the communication obligation under Article 34 GDPR. In

persons pursuant to Article 34(1) GDPR. The Danish DPA found that Nemlig did not go through with a proper assessment pursuant to Article 34(1), as it had not

Protection Regulation (Article 83 (2) (e) of the General Data Protection Regulation). circumstances within the meaning of Article 2 (2) (b), (f), (g), (h)

a data protection officer in violation of Article 37(1)(b) GDPR in conjunction with Articles 34(1)(ñ) and 34(3) LOPDGDD. Conseguridad SL (a private security

regulation [2]. Article 32, paragraph 1, and Article 33, para. 1. Below is a more detailed review of the case and a justification for the decision. 2. The competence

not complied with Article 32 (1) of the Data Protection Regulation. 1 and 2, Article 33, para. Article 34 (3) (d) 1 and 2, and Article 5, para. 1, letter

intention to infringe either article 5(1)( c) or article 34(1) of the GDPR. Legal framework 8.1. Pursuant to Article 5(1)(c) of the GDPR “Personal Data shall be:

for a possible personal data breach affecting confidentiality, as per Article 32 GDPR. The decision is the consequence of the notification of a possible personal

the controller had violated Article 5(1)(a) GDPR, Article 12 GDPR, Article 13 GDPR, Article 15 GDPR and Article 25(1) GDPR. As a result, the DPA issued

and 34, violations all of which are typified in article 83.4.a). V The violation of articles 32, 33 and 34 of the RGPD are criminalized in Article 83.4(a)

Iltalehti's article (url search result link 2) is "", which in itself tells about the escape of the applicant who is the subject of the article. The writings

as indicated in article 25.2 of the RGPD. In this sense, it is meant that the indeterminacy referred to in the article 25.2 of the GDPR refers to the default

to the criteria laid down by Article 83 paragraph 2 of the GDPR. With regard to the breach of Article L. 34-5 of the GDPR, the restricted committee considers

provisions of Article 5.1 of the AVG, but concerns the entire AVG. 31. The aforementioned follows from the merger of Article 5.2 of the AVG and Article 24.1 of

57(1)(a), Article 83(1)-(2) and Article 83(6) in connection with Article 58(2)(e) and (i) of the Regulation of the European Parliament and of the Council

to the controller in accordance with Article 58 (2) (b) of the General Data Protection Regulation. The Article 34 notification by the controller did not

data breach (Article 32 GDPR). Does the plaintiff have a right to compensation according to Article 82(1) GDPR and does Article 82(3) GDPR stipulate a reversal

Constable West Midlands Police (WMP), for violating Articles 34(3), 38(1)(3), 40 and 57(1)(2) of the UK Data Protection Act (DPA). ICO also recommended that

Regulation) Article 1, paragraph 2, Article 5, Article 6, paragraph 1, subparagraph f, Article 17(1)(a), (c) and (d), Article 17(3)(a), Article 21(1) Judgments

the Article 33 GDPR. The DPA also ordered the controller to communicate the data breach to the affected data subjects pursuant to Article 34 GDPR. The

DPO as per Article 37 GDPR and 34(1) LOPDGDD, as well as in relation to the need of registering such appointment at the AEPD website [Article 34(3) LOPDGDD]

office in G. Article. 5 sec. 1 lit. f, art. 24 sec. 1, art. 25 sec. 1, art. 32 sec. 1 lit. d, art. 32 sec. 2, art. 33 paragraph. 1 and art. 34 sec. 1 Regulation

protection incident by the general under Article 34 of the Data Protection Regulation. According to Article 34 (1) of the General Data Protection Regulation

of 25,000 euros (Article 83, paragraph 2 GDPR; Article 100, §1, 13 ° WOG and Article 101 WOG). 18 55. Taking into account article 83 GDPR and the case law

breach of Article 28 paragraphs 3 and 4 of the GDPR is clear. 2. On the breach of the obligation to ensure data security 49. According to Article 32 of the

website controller qualifies as controller (Article 4(7) GDPR) and Google LLC as processor (Article 4(8) GDPR) for data processing in connection with Google

subject ,2 in order to decide whether notification is also required for this according to article 34 of the GDPR, while par. 5 of article 33 of the GDPR explicitly

individuals complies with Article 14 of the GDPR. 2 On breaches in connection with the exercise of rights 28. Under Article 12 of the GDPR: "1. The controller

Sections 1004 analogously, Section 823 (1) and (2) BGB in conjunction with Article 6 (1) GDPR and Article 17 GDPR. Claims under data protection law could be

contemplated in article 83.2 of the RGPD and the article 76.2 of the LOPDGDD, with respect to the infraction committed by violating the established in article 5.1

constitute personal data under Article 4(1) GDPR? If so, do they qualify as special categories of personal data under Article 9 GDPR? Is the defendant obliged

(VWA ./05, see point II.2), the XXXX (VWA ./06, see point II.2) and a certificate of representation (VWA ./07, see point II.2). I.2. As a result, the BA continued

expressed in Article 5 (1 ) (a)) f, and reflected in the obligations set out in Article 24 (1), Article 25 (1), Article 32 (1 ) (b ) and (d) and Article 32 (2)

obligation imposed on public authorities under Article 37(1) GDPR. This obligation is also within Article 34(1) and (3) of the Spanish data protection law

measures to security of processing, in accordance with Article 32 GDPR, in connection with Article 24 GDPR, as the controller did not take into account the risks

..................... .14 2.2.1 Applicable regulations, etc. ................................................... ...14 2.2.2 The Privacy Protection Authority's

ECLI:NL:HR:2019:376, paragraph 4.2.2, of 28 May 2019, ECLI:NL:HR:2019:793, paragraph 2.4.5, and of 19 July 2019, ECLI:NL:HR:2019:1278, paragraph 2.13.2). 33. The Section

which led to a (sensitive) data breach, in violation of Article 32(1) and Article 32(2) GDPR In Oktober 2019, a malicious third party gained unauthorized

freedoms of other persons according to Art. 15 (4) GDPR (Gola GDPR/Franck, 2nd ed. 2018, GDPR Art. 15 Rn. 33, 34). It is argued that this restriction is not only

protection. /Article 6.1 c) Ju in combination with Article 6.3 of the GDPR. b) Violation of Articles 5.1.a}, 12.1, 13.lc}, 13.2.a}, 13.2.d}, and 13.2.e}, for

ECLI:NL:HR:2019:376, paragraph 4.2.2, of 28 May 2019, ECLI:NL:HR:2019:793, paragraph 2.4.5, and of 19 July 2019, ECLI:NL:HR:2019:1278, paragraph 2.13.2). 40. The Section

processor, Vamavi Phone SL, had violated Article 48(1) LGT, Article 21 GDPR in link with Article 23 LOPDGDD and Article 28 GDPR by making a commercial call on behalf

information in accordance with Art. 15 (1) half-sentence 2 GDPR. According to Art. 4 No. 2 GDPR, processing also includes in particular the collection,

respecting the time limits as set out to in Article 12(5) of the GDPR and Article 35(2) of the Dutch GDPR Implementation Act? According to the court, the

for more than two years after the entry into force of the GDPR. This breached Article 37 GDPR. Ayuntamiento de Arroyomolinos was found lacking a Data Protection

Procedure (Journal of Laws of 2020, item 256) and Article 7(1) and (2), Article 60, Article 101, Article 103 of the Act on the Protection of Personal Data

DE SA’s objection on Article 33(3) GDPR fails to meet the requirements set out in Article 4(24) GDPR Infringement of Article 34 GDPR on the communication

in Article 17 GDPR (cf. Article 17 (3) b GDPR). In that case, the data subject does not have the right to object as referred to in Article 21 GDPR, because

manual and human processing errors. 5.6. Article 34 of the Data Protection Regulation It follows from Article 34 (1) of the Regulation 1, that when a breach

been taken up again at Article 5.1(b) of the GDPR under the Principles for the Processing of Personal Data (Chapter II). 16. Article 5.1(b) of the GDMP provides

reasons the Italian DPA, with the power conferred by Article 58(2)(d) and (f) and Article 83(3) and (5) GDPR, imposed to Fastweb multiple corrective measures

clauses n ° 1 and n ° 2 regarding - articles 6/2 ° and 32 / I / 2 ° & 5 ° of the Data Protection Act for all contracts, - Article L.111-2 of the Consumer Code

Protection Ordinance Article 5, paragraph Article 5 (2) 1, letter c and letter f., Article 5, paragraph Article 6 (1) (a) Article 32 (1), (1), (33) 1 and

provided for in Article 56(1), read in conjunction with Article 56(2), read in conjunction with Article 56(3), read in conjunction with Article 56(4), read

11, 148, 150, and Article 5, Chapter IV and Article 83. 4 2.8 Chapter IV, Section 2 addresses security of personal data. Article 32 GDPR provides: 1. Taking

resulting from Article L. 34-5 of the CPCE and Article 7-1 of the GDPR. B. On the breaches relating to the exercise of rights 27. According to Article 12 of the

mandatory by article 13.2.a) of the GDPR. 2.2 Regarding the exercise of their rights by the persons concerned 67 53. In the context of objective 2, the head

breach of Article 13 (2) of the GDPR. 43. Consequently, the restricted panel considers that the company has committed a breach of Article 13 of the GDPR. It

DPA (AEPD) imposed a €1000 fine on a beauty salon for breaching Article 17 GDPR and Article 21 LSSI. The salon sent a marketing SMS to a client months after

exercised by a complainant pursuant to Article 17 GDPR and analysed the exercise of the rights under Articles 15-22 GDPR. On 15 February 2019, Mrs A.A.A.  (hereinafter

patient data cf. Article 32 GDPR and Article 5(1)(f) GDPR and inadequate internal controls cf. Article 24 GDPR and Article 5(2) GDPR. Østfold Hospital

interpretation of Article 55(3) GDPR would not cover this as judicial activity. Therefore, the complaint is not admissible in accordance with Article 130 Paragraph

unsolicited commercial emails without a legal basis, connected to Article 6 of the GDPR—, as the defendant agreed to an early and guilty voluntary payment

consent banner violated Article 22.2 of the Spanish Law on Services of the Information Society and Electronic Commerce (Ley 34/2002, de 11 de julio, de

pursuant to Article 17(2) DPA Act. 9. Moreover, as regards the one-stop-shop mechanism, Article 56 GDPR states: "Without prejudice to Article 55, the supervisory

data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Article 16(1) of the Treaty on the

under Article 77 GDPR was very clear and limited in scope. However, the DSB went on to assert a violation of Article 12 GDPR and Article 15(1)(h) GDPR, acting

as established in article 5 of the GDPR. The security of personal data is regulated in articles 32, 33 and 34 of the GDPR. III The GDPR defines personal

Protection Act) § 22. The provisions of Articles 13(1) to (3), Article 14(1), Article 15 and Article 34 of the Data Protection Regulation shall not apply if the

having appointed a data protection officer, thus breaching Article 37 GDPR. After the GDPR came into force, the Burgos city Council did not appoint a DPO

under this Article. Article 11 (2) In the cases referred to in paragraphs 15 to 22, the controller shall exercise their rights under Article may not refuse

the documents or files containing their personal data under Article 15(3) GDPR and Article 12 of the ePrivacy Directive. However, there is a right to a

infringement of Article 5.1 c) AVG has been proven. f)Transparent information (Article 5.1(a); Article 12.1. and Article 13.1. and 13.2. AVG) 43.The complainant