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factors referred to in Article 4 of [Directive 95/46] are not present: must Directive 95/46 … be applied, in the light of Article 8 of the [Charter], in

light of Article 4 of Directive 95/46, which sets out that each Member State has to apply the national provisions it adopts pursuant to Directive 95/46 to the

was a controller within the definition of a controller under Article 2(d) of Directive 95/46. The company offered educational services through a fan page

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 Recital 171: Repeal of Directive 95/46/EC and Transition Phase Directive 95/46/EC should be repealed by this Regulation.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

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

meaning of Article 77 (1) GDPR had not been raised by the plaintiff, it was a "submission" within the meaning of Article 28 (4) of Directive 95/46/EC of the

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

implement aspects of the GDPR and the Law Enforcement Directive. Article 3(2) of the previous Directive 95/46/EG already exempted the rather sensitive area of

special 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

previously existing definition under Article 2 (a) Directive 95/46/EC. The Directive itself derives the definition from Article 2 (a) Convention 108, according

Thus, Article 1 st paragraph 2 of the ePrivacy Directive provides that the provisions of this Directive particularise and complement Directive 95/46 / EC

DS-GVO BDSG, Article 21 GPDR, margin number 48 (C.H. Beck 2021, 3rd Edition) citing Article 2(a) Directive 2006/114/EC and Article 13(1) Directive 2002/58/EC;

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 Directive 95/46/EC is repealed with effect from 25 May 2018. 2. References to the repealed Directive shall

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 replaces

paragraph 3 of this Article. 5. Authorisations by a Member State or supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain

such media are used solely for transit purposes." This article transposes article 4 of Directive 95/46/EC, which literally states: “Applicable national law

subject (Article 12(2) GDPR), respond and communicate the measures taken (Article 12(3) and (4) GDPR), the principle of freedom from costs (Article 12(5)

pass a national data protection act that was aligned with Directive 95/46/EC. Directive 95/46/EC allowed Member States to adapt the rules to national frameworks

to the 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

"ePrivacy" directive and the GDPR, Article 1(2) of this directive provides that "the provisions of this directive specify and supplement Directive 95/46/EC "of

under Article 15(1) and (2) GDPR. This is not accurate. Article 15(4) only refers to the right to obtain a copy in Article 15(3) GDPR. Article 15(4) GDPR

such performance. Article 7 GDPR regulates the "conditions for consent". It specifies the definition of consent set out in Article 4(11) GDPR and, by integrating

(“EDPB”). The EDPB replaces the Article 29 Working Party (“WP29”), the former advisory body established under Directive 95/46/EC. Notably, the powers granted

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

(EDPB), "[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

decisions adopted pursuant to Article 45(3) of this Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC; (b) Chapter VII on cooperation

the functioning of decisions adopted on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC. In its adequacy decisions, the Commission should

initiatives based on Article 36(4), it is still disputed whether the outcome of the procedure rather resembles that of Article 58(3)(a) GDPR or Article 58(3)(b) GDPR

approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which

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 only

DS-GVO, Article 69 GDPR, margin numbers 4-6 (C.H. C.H. Beck 2019, 35th edition) Dix in Kühling, Buchner, DS-GVO BDSG, Article 69 GDPR, margin number 4 (C.H

decisions in Category:Article 25 GDPR The Data Protection Directive did not contain a similar provision. Although Article 17 DPD Recital 46 had a similar thrust

and freedoms of individuals", as stated in Article 35(1) and further elucidated in Article 35(3) and Article 35(4) GDPR. The WP29 developed a list of criteria

providers (see Article 2(4) GDPR); the Directive on the Re-use of Public Sector Information (Directive 2003/98/EC amended by Directive 2013/37/EU) regarding

provided for in paragraphs 2 and 3 of article 3 of this regulation.10. Paragraph 1 of Article 4 of Directive 95/46/EC provided that: "Each Member State

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 examination

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

referred to in Article 22(1) GDPR. For further details on the definition of automated decision-making see Article 22 GDPR and Article 4. In short, automated

under Article 79 GDPR can be brought both against a controller (as defined under Article 4(7) GDPR) and a processor (as defined under Article 4(8) GDPR)

other binding obligation of secrecy. Article 10 GDPR is a complementary provision to the Law Enforcement Directive (LED). It aims to ensure that criminal

Regulation (GDPR): A Commentary, Article 38 GDPR, p. 702 (Oxford University Press 2020). In addition, although Directive 95/46/EC did not require organisations

The roots of Article 39 GDPR can be partially retraced to the GDPR’s predecessor, the Directive 95/46/EC (DPD). In particular, Article 18 DPD mentioned

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) GDPR

exercising of powers of SAs. It concerned the interpretation of Article 28 GDPR of Directive 95/46, the GDPR predecessor. It stays relevant with regard to concepts

decisions in Category:Article 34 GDPR As with that provision, there was no equivalent to Article 34 GDPR in the Data Protection Directive 95/46/EC. Additionally

(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)

related decisions in Category:Article 99 GDPR Kühling, Raab, in Kühling, Buchner, DS-GVO BDSG, Article 99 GDPR, margin number 4 (Beck 2020, 3rd edition).

Individuals 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

right to data protection. Article 51 GDPR is closely connected to Article 4(21) (definition of SA), Article 52 (independence), Article 53 (General conditions

point of legislative history, Article 85 GDPR is a development of Article 9 of the 95/46 directive of the European Union. Article 9 obliged Member States to

to Article 42(7); (p) specify the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies under Article 42;

v Germany, paragraphs 45 and 46, available here. Ziebarth, in Sydow, Marsch, DS-GVO/BDSG, Article 59 GDPR, margin numbers 4 and 5 (Nomos 2022). Ziebarth

Individuals 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

the 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

point, it is 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

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 service"

assessment 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 differences

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)

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

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

although a somewhat similar protection could already be found in Article 12(2) of Directive 95/46 (DPD). That provision gave data subjects the possibility to

of a secret ballot under Article 22(4) RoP and the holding of written procedure under Article 24(1) RoP. Article 72(2) GDPR grants the EDPB regulatory autonomy

the code. Although the Data Protection Directive 95/46/EC (DPD) included a provision on codes of conduct (Article 27(1) DPD), this did not include any information

Chair of the Board. Article 75 GDPR establishes the existence of, and governs the functioning of the secretariat of the Board. Article 75 GDPR outlines the

that 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

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

edition). See, Articles 3(4) and 4 Collective Redress Directive (EU) 2020/1828. See Moos, Schefzig in Taeger, Gabel, DSGVO – BDSG, Article 80 GDPR, margin number

listed in Article 83(4), (5) and (6) GDPR. This specifically refers to violations of Articles 8, 11, 25 to 39, 41(4), 42, 43 of the GDPR (paragraph 4), Articles

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 also

cooperative burdens. This reading of Article 31 GDPR is supported by the language of Article 83(4)(a) GDPR which categorises Article 31 GDPR as an 'obligation' of

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) aims to

hybrid of regulation and directive.” Whilst it establishes an EU-wide penalty regime for violations under Article 83 GDPR, Article 84(1) GDPR dispenses with

deliberations of the Board's predecessor, the Article 29 Working Party (“WP29”), were wholly privileged. Under Article 11(1) of WP29's Rules of Procedure, any

regime. Article 82(4) and (5) GDPR set out rules concerning the liability relationships in the case of several damaging parties. According to Article 82(4)

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

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

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

disclosed to per Article 4(9) GDPR. Article 19 does not establish any specific time requirement for notification. However, since the purpose of Article 19 is to

rules, do not fall within the scope of this article. → You can find all related decisions in Category:Article 48 GDPR Kuner, in Kuner, Bygrave, Docksey,

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 supervisory

to in Article 42(5) and approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63; (c)

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

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

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 in particular include

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 provide

remedies. CJEU: The CJEU has clarified in C-132/21 that "Article 77(1), Article 78(1) and Article 79(1) of Regulation (EU) 2016/679 [...] must be interpreted

paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8 of this Article, including

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

under the terms referred to in Article 46(2)(f) GDPR. One substantial difference between Article 42(1) GDPR and Article 42(2) GDPR is that in the former

this Article. 2.   The delegation of power referred to in Article 12(8) and Article 43(8) shall be conferred on the Commission for an indeterminate period

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)

adequacy decision pursuant to Article 45 GDPR shall be used, when it exists; second, appropriate safeguards under Article 46 GDPR, such as binding corporate

certain standards of clarity (Article 61(3) GDPR). Requests are imperative and, subject to specific exceptions (Article 61(4) and (5) GDPR), must be fulfilled

and 14 GDPR), access (Article 15 GDPR), rectification (Article 16 GDPR), erasure (Article 17 GDPR), restriction of processing (Article 18 GDPR), notification

another Member State in relation to damage referred to in Article 62(4) GDPR. According to Article 62(7) GDPR, if the lead SA does not invite the SA to take

anonymous data. Second, under Article 11(2) GDPR, it would be impossible to inform a data subject who is not identifiable. Under Article 4(1) GDPR, personal data

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

provisions such as Article 30(4) for the record of processing or Article 40(11) for the register of approved codes of conduct, Article 26 does not explicitly

information in the course of an investigation, in accordance with Article 58(1) GDPR. Article 90 GDPR was drafted with a view to regulate potential conflicts

that purpose. Article 89(4) GDPR makes it clear that the derogations to the GDPR are only available for processing specified in Article 89 GDPR, and not

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

in Sydow, Marsch, DSGVO, Article 88 GDPR, margin number 4 (3rd edn. 2022, Beck). Article 29 Working Party, WP 136 - Opinion 4 on the Concept of Personal

by Article 53(4) GDPR are contained in several other EU law provisions concerning the dismissal of members of independent bodies. These are Article 247

defined by Article 4(2) GDPR), because Article 81(1) GDPR explicitly refers to 'processing by the same controller or processor'. As a result, the Article does

principle of effectiveness under Article 4(3) of the Treaty on the European Union ("TEU"), Articles 8, 41 and 47 CFR, and Article 6 of the European Convention

required 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

GDPR are Article 4(7) GDPR (definition of controller), Article 4(8) GDPR (definition of processor), Article 4(16) GDPR (definition of main establishment)

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

articulation. Thus, Article 1(2) of the ePrivacy Directive provides that the provisions of this Directive specify and supplement Directive 95/46/EC of the European

not constitute a complaint under Article 77 GDPR, but a "submission" within the meaning of Article 28(4) of Directive 95/46/EC. In the present case the data

the functioning of decisions adopted on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC. In its adequacy decisions, the Commission should

other countries, although it contemplated several exceptions. Following Directive 95/46/EC, the Ley Orgánica de Protección de Datos de Carácter Personal (Organic

‘offences’ and ‘criminal convictions’ within the meaning of Article 8(5) of Directive 95/46 (and Article 10 GDPR). In addition the court judged that a search

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

cancellation of avr med directive 95/46/EC (General Data Protection Regulation). Page 3 of 23The Swedish Privacy Agency Diary number: DI-2020-11373 4(23) Date: 2023-06-30

scope of the Data Protection Directive 95/46 under the exceptions stipulated in Article 3(2) of the Data Protection Directive 95/46? (2) Whether personal data

ruling on the following questions: ‘(1) For the purposes of Article 2(h) of Directive 95/46, what conditions must be fulfilled in order for an indication

journalistic purposes within the meaning of Article 9 of Directive 95/46; (3) Whether Article 17 and principles of Directive 95/46 preclude publication of data collected

This was then repealed when the Directive 95/46/EC came into force. The national act which implemented the EU Directive was the Data Protection Act 1998

June 2021 8WP 136. Article 29 Working Party Opinion 4/2007 on the concept of personal data, adopted on 20 June 2007 9 Directive 95/46/EC of the European

case must be qualified as the EU controller as referred to in Article 2(d) of Directive 95/46. 40 The fact that the Administrator of a Fan Page uses the Facebook

this context Article 29 of the Data Protection Act 2019 establishes exceptions in Article 9(1) GDPR, Article 15 GDPR, Article 16 GDPR, Article 18(1)(a) GDPR

documents: its Article 2 lit c refers to Directive 95/46/EC (now the GDPR) and leaves it unaffected. Art 4(1)(f) and Art 5(d) of Directive 2011/24/EU explicitly

Thus, article 1, paragraph 2, of the "ePrivacy" directive provides that "the provisions of this directive specify and supplement Directive 95/46/EC" of

passed the first data protection law in 1979 (BGBl I Nr. 565/1978). Directive 95/46/EC was implemented by the Data Protection Act 2000 (Datenschutzgesetz

public interest grounds referred to in Article 8(4) of Directive 95/46 or in Article 9(2)(g) of Directive 95/46. Regulation 2016/679 and in compliance

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

personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). An English translation is available

complaint with all due diligence (see, by analogy, as regards Article 25(6) of Directive 95/46, judgment of 6 October 2015, Schrems, C‑362/14, EU:C:2015:650

cancellation of avr med directive 95/46/EC (General Data Protection Regulation). Page 3 of 24The Swedish Privacy Agency Diary number: DI-2020-11368 4(24) Date: 2023-06-30

either. 3.4. The right of inspection that was previously laid down in article 12 of the Privacy Directive 95/46 has now been included in article 15 of the

Therefore, given that Article 6(1), Article 5(1)(a), Article 5(1)(d), Article 5(1)(c), and Article 14 GDPR were infringed in connection to Article 5(1)(b), the

cancellation of avr med directive 95/46/EC (General Data Protection Regulation). Page 3 of 25The Swedish Privacy Agency Diary number: DI-2020-11397 4(25) Date: 2023-06-30

fichiers et aux libertés, so-called law "Informatique et Libertés". Directive 95/46/ex was implemented by the law n° 2004-801 du 6 août 2004 which modified

imprisonment.
 
 
 The DPA
 The DPA was enacted pursuant to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995

of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation, hereinafter “GDPR”); In view

and 6 of Directive 95/46/EC remains relevant to this day. Article 6.1 of the GDPR in fact repeats the terms of article 7 of the directive 95/46/EC - the

Data. of the Council of Europe (ETS 108), it is set out at Article 6.1.b) of Directive 95/46/EC of the European Parliament and of the Council of October

data and repealing Directive 95/46/EC (General Data Protection Regulation = GDPR; OJ EU L No 119, 4.5.2016, p. 1) regulates: Art. 4 GDPR - Definitions

categories of personal data, cf. GDPR article 9 no. 1, cf. article 4 no. 15. The medical list disputes this. Article 4 (15) reads as follows: "For the purposes

the legislator. Article 3(4) of the CKI General Regulation states that the processing of personal data in the CKI is based on Article 6(1)(f) GDPR, because

movement of data and on the repeal of Directive 95/46/EC (General Data Protection Regulation, OJ L 119/1 of May 4, 2016, p. 1; hereinafter "GDPR") to be

paragraph 38 ff, in particular paragraph 46 f on Article 12 lit a of Directive 95/46). In this regard, the ECJ (in RZ 46) states: "If the person's right of access

Commission; or, in the case of transfers referred to in Article 46, Article 47 or the second subparagraph of Article 49(1), what are the appropriate or appropriate

"controller" in Article 82 of the Data Protection Act, which is justified by the reference made by Article 2 of the ePrivacy Directive to Directive 95/46/EC on the

data subject is a child. " (49) Article 6 continues the corresponding provision in the previously applicable Directive 95/46 / EC of 24 October 1995. Practices

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter 'the Regulation')

(see Article 9 DSRL 95/46/EC, Article 85 DSGVO - so-called media privilege; see above, marginal no. 11 f.). The reference in Article 9 of the DSRL 95/46/EC

the e-Privacy Directive refers to Directive 95/46/EC, and in accordance with art. 94,paragraph 2 AVG should all references to Directive 95/46 / EC should

useful clarifications in this regard. 34 Article 5(1)(b), Article 6 ( 1) point a) k and Article 6, paragraph (4), it is clear from the combined reading

assessment framework 4.4. The right of access previously laid down in Article 12 of the Privacy Directive 95/46 has now been included in Article 15 of the AVG

particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), Directive 2001/29/EC of the European Parliament and of the Council

aforementioned Directive refers to Directive 95/46/EC (Data Protection Directive), which is decisive for the processing of personal data (ErwGr. 89, Art. 95 of Directive

verification of its correctness and to an amendment under Article 12 (b) of Directive 95/46. 46. ​​In those circumstances, extending the right of access

free movement of such data and repealing Directive 95/46/EC (the General Data Protection Regulation), are: Article 5 Principles for the processing of personal

Justice of the European Union of 13 May 2014, in accordance with Article 4(1)(a) of Directive 95/46/EC, considers, in paragraphs 55, 56, 57 and 60, that: "the

and 5 (3) of Directive 2002/58, read in conjunction with Article 2 (h) of Directive 95/46 and Regulation 2016/679 4 Article 6 (11) and Article 6 (1) (a) do

and on the free movement of such data and repealing Directive 95.4Pub L119/1 Data Protection Directive) IPAGE 01-00001582885-0016-0033-01- � Court of Appeal

Litigation Chamber (Article 91, § 1 and § 2 of the LCA).- On May 28, 2019, the Litigation Chamber decides, pursuant to Article 95, § 1, 1° and Article 98 of the

the obligations and safeguards of Directive 95/46 and Regulation 2016/679 (GDPR). The Court explained that the Directive and GDPR do not indicate that EU

the rule contained in article 4 of Organic Law no. 4/2017, of August 25, for violation of the provisions of article 34, paragraph 4, of the Constitution

application of the Data Protection Directive 95/46/EC and was further specified there (see Articles 2, 4, 6, 7, 12 and 14 DSRL 95/46/EC; see ECJ, judgment of 13

taken pursuant to paragraph 3 of this article and of decisions taken on the basis of Article 25(6) of the Directive 95/46/EC. 5. When the information available

of personal data and the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection), hereinafter GDPR; Considering

Oslo tingrett) in accordance with Article 78(1) GDPR, Article 25 of the Norwegian Data Protection Act and Article 4-4(4) of the Norwegian Dispute Act (in

European Court of Justice of 22 June 2005 on the Data Protection Directive 95/46/EC ("DPA Directive").2017, C-434/16, NOWAK Rz 33, whose statements can also be

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)

of the profession referred to in Article 22 of Directive 95/46/EC should be be determined in accordance with Article 47 of the Charter (see by analogy

are, by definition, personal data within the meaning of Article 2(a) Directive 95/46, now Article 4(1) GDPR since they must enable Constantin Film Verleih

refer the following question to the CJEU: "Do Directives 2001/29 and 2004/48, in conjunction with Directives 95/46, 2000/31 and 2002/58, construed in particular

including Article 129 WEC which implements Article 5.3 of Directive 2002/5815 (hereinafter, "ePrivacy Directive"), in accordance with Article 14 § 1 of

Communication Protection Directive (EU Directive 2002/58 / EC, ePrivacy Directive) and Electronic Communications Act § 2-7 b, which implement Article 5 (3) of the

to Article 7(e) of Directive 95/46/EC remains relevant to this day. Article 6(1) of the GDPR takes over the wording from Article 7 of Directive 95/46/EC

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

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard

with the principlesthe quality of the data laid down in Article 6 of Directive 95/46 or Article 5Regulation 20161679 and, on the other hand, to the basic

relevant even though Directive 95/46 was repealed since this condition of necessity is maintained under Article 6.1 b) to f) of the GDPR. Article 6.1 of the GDPR

communication, the data subject cannot rely on either Article 12 (a),of Directive 95/46 or of Article 8 (2) of the Charter the right to obtain a copy of theoriginal

controller’s new privacy policy violated Article 5(3) of the ePrivacy Directive (Directive 2002/58/EC). The Article only allows the controller to process

species. Article 6.1 of the GDPR in fact reproduces the terms of Article 7 of Directive 95/46 / EC 10 of which it is the equivalent. 51. The Article 29 Group

légitime du responsable du traitement" à l'article 7 de la contrôleur des données" à l'article 7 de la directive 95/46/CE, WP 217, 9 avril 2014, 30. Décision

by virtue of Article 29 of Directive 95/46/CE, which with the entry into force of article 94.2 of the RGPD that repeals the directive 95/46 is changed to

added) 30. This case-law, formulated admittedly in the light of Article 7 of Directive 95/46 / EC, is valid for all the bases of lawfulness which retain this

referred Question 1 Is Article 1(15)(c) of Directive (EU) 2018/843, amending the first subparagraph of Article 30(5) of Directive (EU) 2015/849 on the prevention

approved appeal of Article 5(1)(a), Article 12(1), Article 13(1) and Article 13(2). The appeal for Article 5(1)(c), Article 6(1) and Article 8 GDPR was not

administrative documents , to which Directive 95/46 is not directed (ECJ, ibid., para. 46). 92 The ECJ also clarifies that the directive leaves it up to the member

possible violation of Article 82 of the French Data Protection Act, which in turn implements Article 5(3) of the ePrivacy Directive into the French legal

such data and repealing Directive 95/46/EC (GDPR), Articles 4 and 38 of the Law of 17 June 2016 'on public procurement', Articles 4, 8 0 and 5 , 9 0 of the

movement of data and on the repeal of Directive 95/46 / EC (General Data Protection Regulation), ABl. No. L 119 of 4.5.2016, p. 1 (GDPR) Because of these

data, as well as the free circulation of such data and which repeals Directive 95/46 / EC, "General Data Protection Regulation" (hereinafter the "Regulation");

24 Para. 1 and Para. 2, Art. Article 25(1), Article 30(5), Article 32(1) and (2), Article 34(1), Article 35(1) and Article 35(3). or Art. 37 Para. 1 lit

AVG, under Article 7 of Directive 95/46/EC. 46. In the present case, the defendant does not comply with this obligation imposed by Article 21.4 AVG and clarified

processing, then the GDPR provides stronger guarantees to data subjects than Directive 95/46, because the right to object to the GDPR does not limit the grounds

within the meaning of Article 100 of the WOG. The Disputes Chamber has thus decided, on the basis of Article 58.2.c) GDPR and Article 95, § 1, 5° of the WOG

decision on Article 47 of the Charter of Fundamental Rights of the European Union (hereinafter: the Charter) in relation to Article 22 of Directive 95/46 / EU

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

access to Article 12 of the Privacy Directive (95/46/EC), which directive has been replaced by the GDPR, the purpose of the Privacy Directive, as the court

of personal data and on the free movement of such data and repealing Directive 95/46/EC, "General Data Protection Regulation" (hereinafter: "Regulation");

personal data and to the free movement of such data, and repealing Directive 95/46/EC (General Regulation on the free movement of data protection), hereinafter

95/46 that the LOPD made at that point, article 7.f) of the Directive was of direct application. Article 7.f) of Directive 95/46, the text of which was practically

he assessment: violation of Article 57.4 AVG (third plea in law from X). X submits that the decision violates Article 57.4 of the AVG where this provision

data, as well as the free movement of such data and which repeals the directive 95/46 / CE (General data protection regulation); Given the Legislative Decree

of personal data, on the free movement of data and on the repeal of Directive 95/46/EC (General Data Protection Regulation - Regulation (EU) 2016/679 -

movement of such data and on repealing the Directive 95/46/EC (General Data Protection Regulation) SLEU L119 and Article 34 of the Law on the Implementation of

repeal of Directive 95/46/EC (General Data Protection Regulation) Article 1, paragraph 2, Article 5, Article 6, paragraph 1, subparagraph f, Article 17(1)(a)

according to article 4.1 of the GDPR, is data personnel and their protection, therefore, is the subject of said Regulation. In article 4.2 of the GDPR

cross-border traffic. The case was decided under the national implementation of 95/46/EC. The investigation started after the DPA was notified of a personal data

the Legal Professional Privilege Exception: The purpose of Directive 95/46/EC (the Directive) was to regulate the activities of data controllers on a territorial

question can be regarded as personal data, as defined in Article 4(1) GDPR, cf. Directive 95/45. It therefore follows from paragraph 37 that '… firstly

has its legal basis under Article 6(1)(f) The Disputes Chamber proceeds to dismiss the complaint in accordance with article 95 , § 1, 3° WOG, giving three

(f), Article 5(2), Article 6(1), Article 7(1), Article 24(1), Article 25(1), Article 32(1)(b), Article 32(1)(c) and Article 32(1)(b), Article 32(1)(c) and

least one of the legal bases provided for by Article 7 of Directive 95/46/EC and Article 6.1(b) of that Directive further requires that the purposes must comply

in Article 13 of that Directive [ ... ] 34. Consequently, the requirement of a legitimate data processing provided for in Article 6 of Directive 95/46

way of a finding under article 15 of the GDR instead of the provisions of article 15 of the GDR. 36, § 4 and § 5 as well as Article 38, § 1 of the Law of

In that regard, neither the wording of Article 2(d) of Directive 95/46, nor any other provision of that directive, permits the conclusion that the purposes

personal data personnel and the free movement of such data, and repealing Directive 95/46 / EC; Having regard to the law of 1 August 2018 on the organization

other things, article 4 paragraph 1 SUWI and the ZBO register of the Dutch central government. See article 2 paragraph 2 SUWI and article 4 paragraph 1 SUWI

permissible in accordance with Article 133, Paragraph 4, B-VG.The revision is permitted in accordance with Article 133, Paragraph 4, B-VG. text Reasons for the

such data and repealing Directive 95/46/EC (General Data Protection Regulation) SLEU L119 (hereinafter: General Regulation), Article 34 of the Act on the

free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, with the amendment announced in OJ

hearing on the merits in accordance with Article 1 98 ff WOG , to: - on the basis of Article 58.2, c) AVG and Article 95, §1, 5° WOG to order the defendant that

The case was brought under Directive 95/46. It is remarkable that the Supreme Court held, that ready under Directive 95/46 consent that was required in

identifiable natural person (4), are the same as those that applied to land repealed by Regulation 2016/679 of Directive 95/46 / EC. Relevant guidance on

of personal data and on the free movement of such data and repealing Directive 95/46 / EC SLEU L119 (hereinafter referred to as the "General Regulation")

violation of Article 5, Article 6, and Article 25 GDPR. It ordered the controller to comply with the data subject's erasure request pursuant to Article 17(1)(d)

objection for data processing under Article 21 GDPR and the principle of liability under Article 2(4) GDPR and Article 24 GDPR. The complainant, the data

15 Pursuant to Article 83 GDPR in conjunction with Article 4 No. 7 and 8 GDPR, fines for violations of the GDPR pursuant to Article 83(4) to (6) GDPR are

basis of article 58.2.a) of the GDPR and of article 95, § 1, 4° of the LCA, to send a warning concerning a possible breach of articles 12.3, 12.4 and article

data data and repealing Directive 95/46/EC (hereinafter referred to as the General Protection Regulation data) SL EU 119, Article 34 of the Law on the Implementation

processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)). The storage of the plaintiff's

movement of data and on the repeal of Directive 95/46 / EC (General Data Protection Regulation, OJ L 119/1 of May 4, 2016, S 1; hereinafter "GDPR") to the

on the merits in accordance with Article 98 et seq. DPAA, to: - pursuant to Article 58.2(c) of the GDPR and Article 95(1)(5) of the DPAA , to order the

data and repealing Directive 95/46/EC (General data protection regulation) SL EU L119. The General Data Protection Regulation in Article 4, Paragraph 1, Point

connection with Article 5 paragraph 1 point c, Article 9 paragraph 1, Article 58 paragraph 2 point f, point g and point i and with Article 83 paragraph 2

to be qualified as a health data pursuant to Article(4)(15) GDPR and that the scope of protection of Article 9(2) must be taken into account as a standard

personal data within the meaning of Article 4(2) in the course of proceedings under both Articles 77 and 78 of the GDPR. Article 4(2) refers to disclosure as a

powers under Article 58(2) GDPR and impose on the respondent the responsibility to restore the fulfilment of Article 5(1)(a) GDPR and of Article 5(1)(b-f)

specific categories of information in Article 8 (1) and (5) of Directive 95/46 or in Article 9 (1), Article 10 (1) and Article 10 of Regulation 2016/679, the

obligation (Article 4:32 § 1 Wft). Therefore, Article 6(1)(c) GDPR was relevant. However, the Court highlighted that the phrase "at least on" in Article 6(1)

respectively. 46 In the fourth place, the referring court infers from Article 4(1)(b) and (c), Article 8(1) and (2) and Article 10 of Directive 2016/680 that

the Litigation Division under Article 62§ 1 of the LCA. 2 4. Pursuant to Article 95 § 2, 3° of the LCA as well as Article 47 of the Internal Rules of DPA

personal data and on the free movement of such data and repealing Directive 95/46 / EC Article 2 (1) of Regulation (EU) No 2016/679 (hereinafter: the General

the repeal of Directive 95/46/EC (General Protection Regulation data) SL EU L119. 3 The General Data Protection Regulation in Article 4, Paragraph 1, Point

on 4repeal of Directive 95/46/EC (General Data Protection Regulation). and protection of privacy in the electronic communications sector (Directive on

than Directive 95/46, because the GDPR's right to object does not limit the grounds on which data subjects may request erasure pursuant to Article 17 para

such data, and o repealing Directive 95/46/EC (hereinafter: General Data Protection Regulation) SL EU 119, Article 40 and Article 96 of the Law on General

likely to violate the provisions of the RGPD (article 58.2 a) of the RGPD, article 95.1, 4 ° and article 100.1, 5 ° LCA). The reprimand (or call to order)

the Safety House is in accordance with Article 5, paragraph 1, preamble and under b, of the GDPR. 4.4. Article 6, paragraph 1, opening words, of the GDPR

processing on the merits in accordance with Article 98 et seq. WOG, to: - on the basis of Article 58.2.c) GDPR and Article 95, §1, 5° WOG to the controller order

processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, OJ 2016 L 119/1, p. 1; hereinafter