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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

the exceptions to the one stop shop mechanism applies (Article 55(2), Article 56(2), or Article 66). It interesting to note that the Court confirms that

specifically cites Article 56(2) GDPR, the Greek DPA is competent to investigte this complaint pursuant to Article 55 GDPR. Article 56 applies where there

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

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

accordance with Chapter Roman VII.” Article 56 paragraph 1 GDPR reads:Article 56 paragraph one GDPR reads: “Art. 56 GDPR Responsibility of the lead supervisory

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

(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

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

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

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

provided for in Article 6(1)(a) GDPR or, as the case may be, Article 9(2)(a) GDPR, and consent is withdrawn according to Article 7(3) GDPR, data must be

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

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

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)

under Article 78(2) GDPR – unless it is also competent to handle the case under Article 55 or 56 GDPR. Taking into account of the fourth sentence of Recital

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

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

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

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

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 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

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

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

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

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

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

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

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)’

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

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)

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

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

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

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

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

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.

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

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

(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)

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

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

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

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

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

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

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

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

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);

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

from any of the GDPR’s protections. → You can find all related decisions in Category:Article 39 GDPR Just as Article 38 GDPR, Article 39 GDPR also shows similarities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the fine, the criteria specified in the same article 83. 111. Article 83 of the GDPR, as referred to in Article 20, paragraph III, of the Data Protection

case to the Irish DPA (DPC) under article 56 GDPR, and in accordance with the procedure outlined in Article 60 GDPR. Following the circulation of the DPC’s

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.

and Article of 11Law No. 3471/2006, in accordance with Article 13(58i2) of the GDPR in conjunction with Article 83(1)(a) of the GDPR. 5 of the GDPR, and

that the Medical List does today, cf. GDPR Article 4, No. 11, Article 6 No. 1 letter a, Article 7 and Article 9 No. 2 letter a If current practice is invalid

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 in

"accept all" button be considered a breach of GDPR Article 4(11) and Article 7, read in conjunction with GDPR Article 5(3) -Privacy while the data controller

addition to the violation of Article 32 GDPR, the Chamber found that the financial institution had violated: Article 25 GDPR on data protection by design

Protection Regulation) Article 5, paragraph 1, subparagraph c, Article 25, Article 58, paragraph 2, subparagraph d, and Article 87, Section 29, subsection

in Article 12(5) GDPR, Article 15(4) GDPR or Article 16 of the Norwegian Personal Data Act were applicable. The DPA ordered the controller (Article 58(2)(d)

intervention Article 58 (2) (i) and Article 83 (2) state that the IMY has the power to impose administrative penalty fees in accordance with Article 83. the

supervisory authority in the case under Article 56 GDPR. The DPC started a cooperation procedure under Article 60 GDPR and opened an investigation. In its

of Article 6(1)(b) GDPR, and to bring its processing into compliance with Article 6(1) GDPR. Furthermore, pursuant to Articles 58(2)(i) and 83 GDPR, and

authority. Under Article 60 GDPR, the following DPAs were identified as “concerned supervisory authorities” under Article 4(22) GDPR: the Netherlands,

of Article 6(1)(b) GDPR, and to bring its processing into compliance with Article 6(1) GDPR. Furthermore, pursuant to Articles 58(2)(i) and 83 GDPR, and

held that the controller violated Article 12(1) GDPR, Article 12(2) GDPR, Article 15(1) GDPR and Article 15(3) GDPR. The controller had deleted the data

of Enna"; - the processing would also find its legal basis in Article 9(2)(g) and Article 2(6)(u) of the Code: 'tasks of the national health service and

other two conditions of Article 6 (1) (f) of the GDPR are not met. (26) The second condition of Article 6 (1) (f) of the GDPR is that the processing of

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

regulated in Article 9, and this provision essentially coincides with Article 85 of the Privacy Regulation. Article 9 of the Directive (sections 55 and 56): "In

violation of Article 15 of the GDPR, typified in Article 83.5 of the GDPR, as well as for the alleged infringement of Article 17 of the GDPR, typified in

Failure to ensure data protection by default (Article 25(2) GDPR) The DPA also found a violation of Article 25(2) GDPR regarding the controllers “X” icon at the

request under Article 15 and with the one month deadline under Article 12(3). Was Google Ireland Ltd in breach of its obligations under GDPR Article 15(1) and

by the EDPB pursuant to Article 66(2) GDPR. Temporary ban on processing (order) Pursuant to Article 66(1) GDPR and 58(2)(f) GDPR the Norwegian DPA consequently

The Privacy Board's assessment It follows from section 2 of the Personal Data Act and Article 2 (2) of the Privacy Ordinance that the Act and the regulation

RESOLUTION Pursuant to the clause 56 (1), (2) subsection 8, 58 subsection 1 of the Personal Data Protection Act and Article 58(1)(a) of the General Data Protection

disregarded the provisions of Article 5-1 e) of the GDPR. C. On the breach of the obligation to inform people 65. Article 13 of the GDPR requires the data controller

DI-2020-11373 2(23) Date: 2023-06-30 2.2.1 Applicable regulations, etc. ................................................... .....9 2.2.2 The Privacy Protection

did not react either. GDPR applicable? (Article 3(2) GDPR) The DPA held that the GDPR was applicable pursuant of Article 3(2) GDPR. Because the controller

to as ‘GDPR’), which replaced Directive 95/56, has been applicable since 25 May 2018. In accordance with the provisions of Article 15 (1) GDPR, the data

territory of the Member State to which it belongs . Article 56(1) of the EPMR provides: Without prejudice to Article 55, the supervisory authority of the principal

for more details. Article 2: Material scope Article 2.2.c: Exclusively personal or domestic activity Article 3: Territorial scope Article 4.1: Personal data

17, 32 para 1, 56 para 2, 57 para 1 of the Administrative Criminal Act 1991 - VStG, Federal Law Gazette No 52/1991 as amended; Article 82 para 6 of Regulation

§ 8 clause 2 of the GTC agreed between the parties (according to § 8 b paragraph 2 MB/KK). 52 § 8 b para. 2 MB/KK violates §203 sentence 2 VVG and is therefore

more details. Article 2: Substantive scope Article 2.2.c: Exclusively personal or domestic activity Article 3: Territorial scope Article 4.1: Personal

case fell under the household exception found in Article 2(2)(c) GDPR. According to this provision, the GDPR does not apply to the processing of personal data

pre-existing form of Article 11 of Law 3471/2006). However, with the provisions of article 16 par. 1 and 2 of law 3917/2011, par. 1 and 2 of article 11 of law 3471/2006

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

specified in Article 83 of the GDPR. 92. 92. Firstly, the restricted formation emphasises that, in this case, the criterion provided for in Article 83(2)(a) of

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

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

fine, the criteria specified in the same Article 83." 112. Under Article 83 of the GDPR, as referred to in Article 20(III) of the Data Protection Act: "1

...................... .11 2.2.1 Applicable regulations, etc. ................................................ ...11 2.2.2 The Privacy Protection Authority's

Cyprus, under Article 60 GDPR, the complaint was transmitted to the Cypriot DPA as the lead supervisory authority in line with Article 56 GDPR. The Cypriot

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

case to the Irish DPA (DPC) under article 56 GDPR, and in accordance with the procedure outlined in Article 60 GDPR. In response to the complaint Meta

under section 2, second paragraph, letter b, meaning that the DPA did not have any authority on the process, pursuant to Article 55 GDPR and section 20

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

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

case to the Irish DPA (DPC) under Article 56 GDPR, and in accordance with the procedure outlined in Article 60 GDPR. Responding to the Complainant’s assertions

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

analyzes the criteria by Article 83.2 of the GDPR: - As to the nature and seriousness of the violation [article 83.2 a) of the GDPR], with regard to breaches

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

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

2000 and the Personal Data Regulations 2000 applied. Regulations §§ 2-6, 2-11, 2-13 and 2-14 regulated such matters as the case concerns. The relevant conditions

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

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

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

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

---------- Article 1: The intervention of the PDU - What to choose is allowed. Article 2: The request of the company Google LLC is rejected. Article 3: This

the following: Article 66 GDPR gives the possibility for a procedure of urgency and from this article (and Article 66 and Article 62 GDPR), the European

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

conduct a DPIA cf. Article 35 - clearly inform students cf. Article 12 that a) it's voluntary to participate in the survey cf. Article 13(2)(f), and b) that

DPA held that the controller had violated Article 5(1)(a) GDPR, Article 5(1)(c) GDPR and Article 25(2) GDPR. As a result, the DPA issued a reprimand to

(referred to in Article 9 of the GDPR) or of "personal data relating to criminal convictions and offenses" (referred to in Article 10 of the GDPR)" ( note cit

purpose under §§ 2(8) and 3(1) of the Cookie Law , the condition for voluntary and specific consent (as also described in Article 4(11) GDPR) was not met.

conferred by article 79(2) of the GDPR. This is the relevant provision for the purposes of para 3.1(20) of CPR Practice Direction 3B. Article 79(2) provides:

that under Article 82 (1) and (2) GDPR, any person who has suffered material or non-material damage as a result of a violation of the GDPR is entitled

12(2), 21(2) and 21(4) GDPR. Moreover, the DPA held that the controller violated Article 5(1)(a), 5(1)(c), 5(2), 6(1), 12(2), 21(2) and 21(4) GDPR. The

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

violation of the Article 12 of the GDPR, in conjunction with Article 17 of the GDPR. V Classification of the infringement of article 12 of the GDPR The aforementioned

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,

compliant with Articles 5 and 6 GDPR. According to Article 6 GDPR, when a controller did not rely on consent (Article 6(1)(a) GDPR), its processing should be

entitled to erasure under Article 17(1)(d) GDPR, as the data processing was not lawful. In any case, the requirements of Article 6 GDPR were no longer met 6

of Article 12(1) GDPR. The AP outlined that, in the event of an infringement of Article 12(1) of the GDPR, pursuant to Article 58(2)(i) and Article 83(5)

basis in line with Article 13(1)(d) GDPR. The DPA stated that it would impose a fine on the controller, pursuant to Article 58(2)(i) GDPR, if latter does

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

by the GDPR. That there was a violation of Article 288(2) TFUE, since applying the national consumer law would impair the application of the GDPR and partially

by the GDPR. That there was a violation of Article 288(2) TFUE, since applying the national consumer law would impair the application of the GDPR and partially

lawfulness (section 2.2 below) and purpose (section 2.3 below). Finally, it will address the issue of the sanction (section 2.4 below) 2.1 Applicable Law

be personal data per Article 4 GDPR. The CNIL then assessed whether the transfers of the data to the US comply with Article 44 GDPR. It considered whether

infringements of Article 12, 13 and 14 of the GDPR only. A limited assessment which, according to Hungarian and Italian DPAs, was faulty. Article 13(2)(e) GDPR provides

an infringement of Article 5 (1) a), b) and c) and (2) of the GDPR and Article 24 (1) of the GDPR; and - an infringement of article 8 of the law of 21

the performance of a contract (Article 6(1)(b) GDPR) and for legitimate interest (Article 6(1)(f) GDPR). Article 6(1)(b) GDPR In its original draft decision

The Swedish DPA held that a controller has violated article 12(3) GDPR, because, although they complied with an erasure request, they did not subsequently

intervention Article 58 (2) (i) and Article 83 (2) state that the IMY has the power to impose administrative penalty fees in accordance with Article 83. the

with the provisions of section 2 of article 56 in relation to section 1 f) of article 57, both of the GDPR; and in article 47 of the LOPDGDD. SECOND: In

Ordinance Article 6 No. 1 letter f for this processing. Our legal basis for decisions on reprimands is the Privacy Ordinance, Article 58, No. 2, letter b

Authority. II.5.2. Established infringement of Article 5(1)(a) j° Article 6(1)(f) and Article 12(2) GDPR in conjunction with Article 17 (1) GDPR. II.5.2.1. Administrative

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

Articles 56 and 60 of the GDPR does not apply established by the GDPR and, therefore, in accordance with the provisions of articles 55 para. 1, 2 para. 1

lawfulness, the Litigation Chamber concludes that Article 5.1.a. of the GDPR in conjunction with Article 6 of the GDPR have not been complied with with regard to

(listed in Article 57 of the GDPR) including that of dealing with complaints (article 57.1.f) of the GDPR) as well as a number of powers (article 58 of the

with the provisions of section 2 of article 56 in relation to section 1 f) of article 57, both of the GDPR; and in article 47 of the LOPDGDD. SECOND: In

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

dissuasive" as per Article 83(1). In addition to a breach of Article 6(1)(f), the lack of organisational measures pursuant to Article 5(2) was weighted when

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

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

Moreover, following an infringement of Article 12(3) GDPR, as explained above, under the provisions of Article 83 of the GDPR, I take into account the following

data 9 2.1.1 Factual findings 9 2.1.2Legal assessment 9 2.2 Controller and processor(s) 10 2.2.1 Factual findings 10 2.2.2Legal assessment 12 2.3Security

had a legal basis under Article 6(1) GDPR to publish the data subject’s personal data, and did not violate Article 5(1)(a) GDPR. In the decision, the Croatian

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

with Article 12 (2) of the Data Protection Regulation. 6 and Article 5 (2). 1 (c). The Data Inspectorate has hereby emphasized that Article 12 (2) of the

of: 1) Article 12(2) GDPR, by not enabling the data subject to exercise their right to rectification stated in Article 16 GDPR. Article 12(2) GDPR thus includes

cf. Article 58, paragraph 2, letter i, cf. Article 83. Both infringements of Article 6 and Article 13 may be sanctioned with a fee, cf. Article 85, paragraph

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

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

the Austrian DPA pursuant to Article 55(1) GDPR. However, the DPA further considered the exception of Article 55(2) GDPR which states that local DPA's

made pursuant of Article 17 GDPR. However, this is different when Article 17(3) GDPR applies, which describes that Article 17(1) and 17(2) do not apply when

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

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

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

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

within the meaning of Article 4 no. 2 of the GDPR and the term "transfer" within the meaning of Article 44 et seq. of the GDPR. GDPR had to be differentiated

provided for in Article 2, h) of Directive 95/46/EC. In particular, under these new requirements, article 4, paragraph 11 of the GDPR requires that the

accordance with Article 60 of the AVG. No objections to this were submitted. 2. Legal Framework 2.1 Scope of the AVG Pursuant to Article 2(1) of the AVG

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

lead authority under Article 56, paragraph one, GDPR, thereby initiating a cooperation procedure under Article 60, GDPR. I.2.Roman one.2. On January 11, 2023

source of the data. The DPA issued a reprimand pursuant of Article 58(2)(b) GDPR and Article 20.II of the French Data Protection Act with regard to the

is thus very unclear whether this decision falls under Article 60(7) GDPR or Article 60(8) GDPR. Share blogs or news articles here! The decision below

Member State " The RGPD provides, in its article 56.1, for cases of cross-border processing, provided for in its article 4.23), in relation to the competence

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

of article 4.19 of the GDPR – (article 13.1. c) of the GDPR) and does not mention the data retention periods personal data processed (article 13.2. a)

and consequent transfer of personal data to the US in violation of Article 44 GDPR, as they did not have sufficient supplementary measures in place. Following

comply with Article 5(2) GDPR. The DPA determined that the controller violated Article 15 GDPR. The DPA stated that Article 15(1)(c) GDPR must be interpreted

follows: Article 5(1)(c) , Article 5(1)(e) and Article 6(1)(f) of the GDPR The DPC found that Airbnb did not validly rely on Article 6(1)(f) of the GDPR as the

referred the case to the Irish DPA under article 56 GDPR, and in accordance with the procedure outlined in Article 60 GDPR. Responding to the first issue (lawfulness

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

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

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

this Directive. As such, the one-stop shop mechanism provided for in Article 56 GDPR does not apply in the present case. CNIL - SAN-2020-012 Share blogs

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

for in Article 56 GDPR is excluded in the context of cross-border processing that falls within the scope of both the ePrivacy Directive and the GDPR, and

es 2/7 FOUNDATIONS OF LAW FIRST: The Director of the Spanish Agency for Data Protection, in accordance with the provisions of section 2 of article 56 in

mechanism of Article 56 GDPR. The luxembourg DPA started an investigation regarding Amazon's use of cookies and its compliance with the GDPR and the ePrivacy

and 13(2)(a) GDPR. In light of all of the above, the Italian DPA held that, while the DPC is the lead supervisory authority under Article 56(1) GDPR, it is

with the provisions of section 2 of article 56 in relation to section 1 f) of article 57, both of the GDPR; and in article 47 of the LOPDGDD. SECOND: In

Para. 1 lit. f GDPR, Art. 5 Para. 1 lit. a GDPR and Art compatible. I.16. After being asked to comment (VWA ./56, see point II.2), BF2 took the lead their

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

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 approved

share their location, in violation of Article 5 GDPR, Article 6 GDPR, Article 7 GDPR, Article 13 GDPR, and Article 25 GDPR. The DPA, however, claimed that the

acted in breach of Article 12(2) of the GDPR. Choice of corrective measure It follows from Article 58(2)(i) and Article 83(2) of the GDPR that IMY has the

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