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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

as Article 57 (1) (a), Article 58 (2) (e) and (i), Article 83 (1) - (3) and Article 83 (4) (a) in connection with Article 33 (1) and Article 34 (1), (2)

subjects, according to Article 33(1) GDPR and Article 34(1) GDPR? The PUODO held that the insurance company infringed the GDPR provisions, failing to notify

art. 33 sec. 1 and art. 34 sec. 1 and 2 of Regulation 2016/679. 2) Intentional or unintentional nature of the breach (Article 83(2)(b) of Regulation 2016/679)

accordance with Article 32 (2) of the Data Protection Regulation. First 3.2. Article 32 (2) of the Data Protection Regulation 2 Article 32 (2) of the Regulation

requirements of Article 34(2) and Article 33(3) GDPR. The DPA expressed serious criticism to the controller for violating Article 32(1) GDPR. Moreover, it

the Foundation. The DPA held that the Foundation violated Article 33(1), Article 34(1) GDPR by failing to notify the DPA of a personal data protection

violated Article 34(2) GDPR, because he only informed the data subject of the alleged data loss. However, the information obligations of Article 34 GDPR provide

of Article 34(1) GDPR. In addition, the DPA ordered the bank to notify the breach to all the affected data subjects in accordance with Article 34(2) GDPR

violated Article 33(1) GDPR. Moreover, it violated Article 34(1) GDPR since it did not provide the data subjects with the information listed in Article 33(3)(b)

court decisions. The DPA found a breach of Article 33 GDPR and Article 34(1) and (2) GDPR resulting in a fine of €2,324. Share your comments here! Share blogs

are dealt with in Article 12(6) GDPR. It is unclear why Article 12(2) GDPR refers to Articles 15 to 22 GDPR, while Article 11(2) GDPR only refers to Articles

supervisory authority (i.e. Article 33 (1 ) of the GDPR) and to notify the data subjects of breach of (Article 34 (1-2) of the GDPR), it would be necessary

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

of enforcing the GDPR in Spain. Its head office is in Madrid. The requirement to have a data protection authority stems from Article 44 of the Spanish

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

Regulation (GDPR): A Commentary, Article 32 GDPR, p. 636 (Oxford University Press 2020). Jandt, in Kühling, Buchner, DS-GVO BDSG, Article 32 GDPR, margin number

(see Article 52 GDPR) and shall be provided with various competencies (Articles 55, 56 GDPR), tasks (Article 57 GDPR) and powers (Article 58 GDPR). For

functions, a permissive function (Article 88(1) GDPR) and a conditional function (Article 88(2) GDPR). While Article 88(2) GDPR determines the scope of the opening

exercise on their behalf all rights foreseen under Articles 77 and 78 GDPR and Article 20 of L. 4624/2019. The mandate shall be given with a specific written

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

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

requirements of Article 34 (2) GDPR. If one sets too strict requirements for promptness within the framework of Article 34 Para. 1 GDPR, this would run

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

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

accountability in Article 5(2) GDPR, paragraph (2) specifies further requirements in the general principle of transparency under Article 5(1)(a) GDPR, paragraph

Beck, 2018, 2nd edition). We refer, in that respect, to the Commentary on Article 2(2)(c) GDPR. Spiecker et al., GDPR Article-by-Article Commentary (2023)

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

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

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

decision". Similar to the ex-ante information in Article 13(2)(f) and 14(2)(f) GDPR, Article 15(2) GDPR requires that in case the controller transfers data

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

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

contrast to Article 23(1)(e) GDPR, which sets out strict requirements for the Union or Member State's law restricting GDPR rights, Article 18(2) GDPR does not

entering the contract, Article 22(2)(a) GDPR does not mention this additional aspect. In any case, the application of Article 22(2)(a) GDPR is always subjected

respect of Article 33. If a controller who is not established in the EU but falls under the scope of Article 3(2) or Article 3(3) of the GDPR experiences

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

information as outlined in Articles 13 and 14 of the GDPR (see above). Article 26(2) of the GDPR emphasizes the significance of these specific obligations

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

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 out the dates of the

categories of data under Article 9 GDPR or data relating to criminal convictions and offences under Article 10 GDPR. Article 37(2) GDPR allows for the designation

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

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

date of effect under Article 94 GDPR. In order to ensure a sense of continuity within the regulatory framework, Article 94(2) GDPR provides that any reference

years as per Article 45(3) GDPR, and subject to regular reporting, which Article 97(2) GDPR provides for. The third paragraph of Article 97 GDPR, obliges the

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

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

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

Chair represents the Board (Article 68(2) GDPR) and is responsible for directing the work of the secretariat (Article 75(2) GDPR). Other specific responsibilities

Article 76 GDPR, p. 1111-1112 (Oxford University Press 2020). Docksey, in Kuner et al., The EU General Data Protection Regulation (GDPR), Article 76 GDPR, p.

(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)

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

referred to in Article 64. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2). Recital 167:

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

directly to children. As such, Article 8 GDPR stipulates additional requirements for consent by children. Article 8 GDPR applies only if the processing

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

Regulation. Noting that a broader reading of Article 98 GDPR is supported by the wording of Article 2(3) GDPR, which provides that: 'For the processing of

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

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

definition for "processing" in Article 4(2) GDPR). If data is been made public, the applicable provision is Article 17(2) GDPR, provided that all requirements

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

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

conduct under Article 83 GDPR should be excluded from penalties issued under Article 84 GDPR is debated. Whilst the wording of the GDPR is simply unclear

derogation from Article 64(3) and Article 65(2), an urgent opinion or an urgent binding decision referred to in paragraphs 2 and 3 of this Article shall be adopted

with the examination procedure referred to in Article 93(2). You can help us fill this section! Article 43 GDPR explains the procedure involved in establishing

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

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

Datenschutzrecht, Article 73 GDPR, margin number 3 (C.H. Beck 2019, 1st edition). Nguyen, in Gola, DS-GVO, Article 73 GDPR, margin number 2 (C.H. Beck 2018, 2nd edition);

prepared differentiated notices, which the DPA found complied with Article 34(2) GDPR. In a defense brief, the controller argued that it took preventive

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

related decisions in Category:Article 16 GDPR Meents, Hinzpeter in Taeger, Gabel, DSGVO – BDSG, Article 16 GDPR, margin number 2 (Deutscher Fachverlag, 4th

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

objections pursuant to Article 92(5) GDPR. Article 92(5) GDPR imposes a further condition for the delegation of power, in line with Article 290(2)(b) TFEU. A delegated

processing (Article 32(1) GDPR) and the general principles of processing set out in Article 5 GDPR. In confirming the above interpretation, Paragraph 2 sets out

a binding dispute resolution procedure in accordance with Article 65 GDPR. Article 64(2) GDPR allows any SA, the EDPB Chair or the Commission to request

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

accountability obligation enshrined in Article 5(2) GDPR. This theory is not totally convincing. In light of Article 5(2) GDPR, a reversal of burden of proof for

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

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

to in Article 61(6) GDPR. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2) GDPR. → You

ng, Article 62 GDPR, margin number 11 (Beck 2018, 2nd edition). Riccio, Scorza, Belisario, GDPR e normativa privacy – Commentario, Article 62 GDPR (Wolters

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

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

consistency mechanism under Article 65(2)(1) GDPR and the adoption of the EDPS’s rules of procedure under Article 72(2) GDPR. Notably, each EDPB member

applicability of Article 49(1) GDPR, the documentation of suitable safeguards (Article 30(2)(c) GDPR). See commentary under Article 30(1)(e) GDPR. The processor's

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

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

and jurisdiction provisions (Articles 47(1)(b), 47(2)(d), 47(2)(e), 47(2)(g), 47(2)(i), 47(2)(l) GDPR); a duty for the EU BCR member to accept responsibility

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

According to Article 80(2) GDPR, where legislated for by Member States, this right extends to Articles 77, 78 and 79 GDPR, but not Article 82 GDPR. This exclusion

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

from Articles 13(2)(b) and 14(2)(c) GDPR. However, Article 21(4) GDPR specifies that the right to object under Article 21(1) and 21(2) GDPR (i.e. the right

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

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

under Article 79 GDPR – or both. This flexibility allows for parallel proceedings under both Article 77 GDPR and under Article 79 GDPR. As the GDPR foresees

processing (Article 36(3)(c) GDPR); the contact details of the Data Protection Officer (DPO) (Article 36(3)(d) GDPR); a copy of the DPIA (Article 36(3)(e)

occupation. For example, Article 52(2) GDPR requires SA members to remain free from external influence and Article 52(3) GDPR entails a prohibition of

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

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

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

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

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

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

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

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

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

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

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

a breach of Article L. 34-5 of the French Post and Electronic Communications Code. The CNIL recalls the provisions of Article 5(1)(c) GDPR, according to

pursuant to Article 82(1) GDPR, because controller violated Article 32(1) GDPR. The Court upheld the appeal and ordered the controller to pay € 2,500, - as

of personal data of data subjects guaranteed by Article 44 GDPR and consequently breached Article 44 GDPR. The DPA issued a fine of 300,000 SEK (approx.

therefore of the opinion that no breach of Article 5.2 of the GDPR, Article 24.1 of the GDPR and Article 33 of the GDPR can be established. - As regards the

data. Hence, it considered Article 32(1)(a), Article 32(1)(b), Article 32(1)(d) GDPR to be breached. Pursuant to Article 82(2) GDPR, the DPA took several aggravating

as per Article 22(2) of the Spanish Law on Information Society Services (LSSI) —this is the Spanish law regulating cookies, connected to Article 13 of the

the lack of a privacy and cookie policy on a website infringe Article 13 GDPR and Article 22(2) LSSI? The AEPD decided to impose a fine to the clinic: € 2000

AEPD considers that this could lead to a sanction, in accordance with article 58(2) GDPR. Share your comments here! Share blogs or news articles here! The

AEPD pursuant to Article 72(1)(m). The AEPD does not specify the provision of Article 21 on which it bases its decision. Article 21 GDPR states that the

internal compliance and accountability according to Article 5(1) GDPR, Article 5(2) GDPR and Article 6(1) GDPR. Since the company had totally ignored the its

competent to decide, in accordance with the provisions of Article 56(2) in relation to Article 57(1)(f), both of Regulation (EU) 2016/679 of the European

imposition of measures, according to article 58.2 d) of the GDPR. Along with it and In accordance with article 58.2 of the GDPR, it was also indicated that the

rectification.(article 16 of the GDPR), the right to be forgotten (article 17 of the GDPR), and the right to limit the use ofdata processed unlawfully (article 18

data on the basis of Article 6.1.e GDPR ? - Did the administration sharing confidential data with a third party violates article 25 GDPR ? - Should the administration

there is no explicit consent by the customers as requested under Article 9(2)(a) GDPR and an implied consent cannot fulfill the provision’s requirement

and Article 57(1)(a), Article 58(2)(d) and (i) in connection with Article 5(1)(a), (e) and (f) and (2), Article 24(1) and (2), Article 28, Article 30(1)(d)

paragraph second, of Law 34/2002, of July 11, on Services of the Society of the Information and Electronic Commerce (LSSI). II Article 22.2 of the aforementioned

service in the terms required by article 22.2. ", and may be sanctioned with a fine of up to € 30,000, in accordance with article 39 of the aforementioned LSSI

of the Spanish Agency of Data Protection, as laid down in Article 56(2) in relation to Article 57(1)(f), both of Regulation (EU) 2016/679 of the European

has been received. Does the GDPR allow the data controller to ignore a request for erasure? The AEPD found that Article 12 GDPR does not allow the data controller

decide on this matter, in accordance with the provisions of Article 56(2) in relation to Article 57(1)(f), both of Regulation (EU) 2016/679 of the European

to take a decision in accordance with the provisions of Article 56(2) in conjunction with Article 57(1)(f) both of Regulation (EU) 2016/679 of the European

the Spanish Agency of Data Protection, as laid down in Article 56(2) in in relation to Article 57(1)(f), both of Regulation (EU) 2016/679 of European Parliament

considered a violation pursuant to Article 72(1)(m) of the LOPDGDD, which would be sanctioned according to Article 58(2) GDPR. Share your comments here! Share

employees. The DPA found a violation of Article 5(1)(b) GDPR, Article 5(1)(c) GDPR and Article 13 GDPR. Following a visit to the premises of two public bodies (the

Protection, in accordance with the provisions of section 2 of article 56 in in relation to Article 57 (1) f), both of Regulation (EU) 2016/679 of the European

the requirements established in article 21 and do not constitute Serious offense". Pursuant to the provisions of article 39.1.c) of the LSSI, minor offenses

Protection Regulation (2016/679) Article 12 (4), Article 17 (3), Article 21 (2) and (3), Article 25 (2), Article 58 (2) (b) Section 2 of the Health Care Professional

the terms required by article 22.2. ”, which may be sanctioned nothing with a fine of up to € 30,000, in accordance with article 39 of the aforementioned

Human Rights. According to settled case-law, it follows from Article 1.2 and Article 59.2 of the Basic Law that there is an obligation to use the Human

requirements of the GDPR; Because from Recital 171 Sentence 2 GDPR, from Art. 4 No. 2 GDPR and Art. 24 Para. 1, in particular Sentence 2 GDPR, the obligation

established in article 43.1 of Law 34/2002, of July 11,Information Society Services and Electronic Commerce (LSSI), for infractionstion of article 22.2. of the

violates Article 32 GDPR. Retaining personal data of an applicant for a lease after another applicant has been selected also violates Article 5(1)(e) GDPR

reply. The AKI reminded the defendant of its obligation under Article 13 GDPR and Article 14 GDPR to inform the data subject in a concise, clear, comprehensible

recording is "processing" of "personal data" within the meaning of Article 4(1) and 4(2) GDPR. Therefore, the data subject has the right to request access to

reprimand to the company for not complying with Article 13 GDPR, since it failed to even mention the GDPR in its Privacy Policy. Share your comments here

right to access under Article 15 GDPR because the controller was entitled to reject the request pursuant to Article 12(5)(b) GDPR. The court reasoned that

2019, BVwerG 6 C 2.18 "It follows that the opening clauses of Article 6.2 and 6.3 GDPR for processing operations under Article 6.1(1)(e) GDPR do not cover

29 708, no. 19 (p. 523) Article 4:32 The obligation from this article is taken over from Article 52 of the Wfd. Under Section 14(2) of the Wck, participation

on Article 6(1)(c) GDPR. In particular, the appellant argued that pursuant to Article 6(3) GDPR, a public interest task under Article 6(1)(c) GDPR must

obligation of Article 32 GDPR? - Does the fact that this health data is not encrypted constitute a breach of the security obligation under Article 32 GDPR? - Does

in accordance with the provisions of section 2 of article 56 in in relation to paragraph 1 f) of article 57, both of Regulation (EU) 2016/679 of the European

under Article 15 GDPR to the defendant and requested i.a. information on concrete recipients of their personal data under Article 15(1)(c) GDPR. The defendant

the Spanish Agency of Data Protection, as laid down in Article 56(2) in in relation to Article 57(1)(f), both of Regulation (EU) 2016/679 of European Parliament

(2016/679) Article 5 (1) (a), Article 12 (1), (2) and (6) , Article 13, Article 15 (1) (h), (3) and (4), Article 58 (2) (c) and (d) subparagraphs Article 34 (1)

of his personal data would be based 5. 1, a) GDPR, Article 6, Article 12.1 GDPR and Article 14.1 a) GDPR. 67. Moreover, a controller, in this case defendant

specified period - article 58. 2 d) -. According to the provisions of article 83.2 of the RGPD, the measure provided for in article 58.2 d) of the aforementioned

pursuant to Article 58, paragraph 2, of the Regulation, with this measure. Pursuant to Article 78 of the Regulation, Article 152 of the Code and Article 10 of

ruling under Article 267 TFEU on the requirements of awarding damages for GDPR violations and the assessment of such damage under Article 82 GDPR. For the

in accordance with the provisions of section 2 of article 56 in in relation to paragraph 1 f) of article 57, both of Regulation (EU) 2016/679 of the European

section 6 (2) of the Data Protection Act.n as a safeguard in accordance with subsection 2.n as a safeguard in accordance with subsection 2. 15. According