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that the action was intentional (Article 83(2)(b) GDPR), and that the personal data are sensitive (Article 83(2)(g) GDPR). Share your comments here! Share

fine on the defendant and stated he has to comply with Article 5(1)(c) and Article 83(2)(a)(b) GDPR. Share your comments here! Share blogs or news articles

action (Article 83.2 b) Basic personal identifiers (name, surname, address) are affected, according to Article 83(2)(g) VII Furthermore, Article 83.7 of the

limitation period, article 72 of the LOPDGDD indicates: Article 72. Infractions considered very serious. "1. Based on the provisions of article 83.5 of Regulation

negligence of the infringement (83 (2) (b) GDPR) and the lack of cooperation with the Spanish Data Protection Agency (83 (2) (f) GDPR). Therefore, in view of the

significant negligent action (Article 83(2)(b) GDPR) and that basic personal identifiers were affected (Article 83(2)(g) GDPR). The economic volume of the

regard to article 83.2 (k) of the RGPD, the LOPDGDD, article 76, "Sanctions and corrective measures", provides: "2. In accordance with Article 83(2)(k) of

signifies cativa (article 83.2 b)  Basic personal identifiers are affected (name, surname, two, domicile), according to article 83.2 g) Therefore, based

negligent action (Article 83(2)(b) GDPR), and for being data known as basic personal identifiers such as name and address (Article 83(2)(g) GDPR). The AEPD set

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

such processing to be legitimate on the basis of Article 9 (2) (B) GDPR in conjunction with Article 32 GDPR" (see note cited, p. 4) (see footnote cit., p

the infringement - Article 83(2)(b) - and the fact that the infringement involved the “basic identifiers” of the claimant - Article 83(2)(g) - to be aggravating

aggravated by article 83(2)(b) GDPR (intentional or negligent character of the infringement) and article 83(2)(k) GDPR in relation with article 76(f) of Spanish

criteria provided for by Article 83(2) GDPR and ensuring it is effective, proportionate and dissuasive in line with Article 83(1) GDPR. Adopted 117 10 BINDING

with the criteria established in Article 83(2)(b) GDPR: negligent character of the infringement, and Article 83(2)(g) GDPR: categories of personal data affected

negligent action (Article 83(2)(b) GDPR) and that basic identifiers such as name, surname, and address are affected (Article 83(2)(g) GDPR), including also

health data under Article 14 GDPR#15Article 4(15) GDPR, to the municipality. In particular, the controller could not invoke Article 9(2)(f) GDPR ("necessary

limitation of Article 5(1)(b) GDPR and against the provisions of Article 5(1)(a) GDPR and Article 6(1)(f) GDPR in conjunction with Article 6(4) GDPR. Further

significant (Article 83(2)(b) GDPR). - basic personal identifiers were affected (name, identification number, the line identifier) (Article 83(2)(g) GDPR). The

to Article 58 Paragraph 2 Letter i and Article 83 Paragraph 1 to 6 GDPR Article 58 Paragraph 2 Litera i and Article 83 Paragraph One , up to 6 GDPR are

14/19 Regarding section k) of article 83.2 of the GDPR, the LOPDGDD, article 76, “Sanctions and corrective measures” provides: "2. In accordance with the provisions

Category:Article 83 GDPR The wording “infringements of this Regulation” in Article 83(1) GDPR is slightly imprecise. In fact, Article 83(5)(d) GDPR also provides

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

committed by the complainant (Article 83(2)(b) GDPR).The violation was intentionally committed by the complainant (Article 83(2)(b) GDPR). The following was taken

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

complainant, Article 83(2)(h) GDPR - The existence of a prior complaint. Aggravating factors in accordance with Article 72(2)(a) & (b) LOPDGDD and Article 83(2)(k)

application, see Article 3(2)(b) GDPR, or automated decision making, see Article 22 GDPR. Profiling also triggers information duties under Articles 13(2)(f) and

by Article 83(2)(b) GDPR, and also the link between the company's activity and the processing of personal data, as provided for by Article 76(2)(b) GDPR

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

Member States, in Articles 83(1) to (6) of the GDPR. Second, Article 83(2)(b) GDPR, read in conjunction with Article 83(3) GDPR, both describe the intentional

statement of the Debtor [Article 83 (2) (k) GDPR]; - the processing did not affect specific categories of personal data [Article 83 (2) GDPR paragraph (g)]; -

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

prescription in article 72.1.b) of the LOPDGDD, a fine of 12,000 euros, of in accordance with articles 83.2 a), b) d) of the RGPD and 76.2.a) of the LOPDGDD

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

obligor.[Article 83(2)(b) GDPR] - The obligor has not yet been convicted for violating the General Data Protection Regulation.[Article 83(2)(e) GDPR] - The

(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)

negligence of the infringement (Article 83(2)(b) GDPR) the impact on basic personal identifiers (Article 83(2)(g) GDPR) Share your comments here! Share

contemplated in article 83.2 of the GDPR and the Article 76.2 of the LOPDGDD, with respect to the offense committed by violating the established in article 6.1 of

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

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

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

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

with the principles of article 5 par. 1 GDPR. It is no coincidence that the GDPR includes accountability (see Article 5 para. 2 GDPR) in the regulation of

established by Article 83(1) GDPR and taking into account the criteria of Article 83(2) GDPR. This decision is the first decision of the EDPC under Article 65(1)

issued its Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR with a detailed analysis of Article 6(1)(b) GDPR. General information

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

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

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

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

the GDPR: i. Articles 5.1.a) and 5.2, as well as Article 6.1 GDPR; ii. Articles 12.1 and 12.2, Article 15.1, Article 5.2, Article 24.1, and Article 25.1

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

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

of: 1. Article 5 (1) (a) and (2) and Article 6 (1) GDPR; 2. Article 5, Article 24 (1) and 25 (1) and (2) GDPR; 3. Article 12 paragraph 1, paragraph 2, paragraph

commentary on Article 13(2)(b) GDPR. Given the identical wording, see commentary on Article 13(2)(c) GDPR. Given the identical wording, see commentary on Article

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

categories. Similar to the ex-ante information in Article 13(2)(b) and 14(2)(c) GDPR, Article 15(1)(e) GDPR required to inform the data subject about the right

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

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

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)

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

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

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

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

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

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

criteria established in the section 2 of the aforementioned article. 2. In accordance with the provisions of article 83.2.k) of Regulation (EU) 2016/679, also

constitutes a special category of personal data under Article 9(1) GDPR, explicit consent (Article 9(2)(a) GDPR) would have been necessary for part of the processing

liability 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

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

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

similar to the ones laid out by Article 50 GDPR. Article 50 GDPR is divided in two different parts: letters (a) and (b) aim for cooperation with other

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

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

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

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

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

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

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

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

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

subject to processing, as described in Article 3(2)(a) and (b) GDPR. Common Misunderstanding: The application of the GDPR does in no way depend on the citizenship

lead SA (“LSA”) (Article 65(1)(b) GDPR), and where a SA is not following an opinion of the EDPB (Article 6(1)(c) GDPR). Article 65(1)(a) GDPR addresses the

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

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. See

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

Commentary. Article 54(1)(b) GDPR echoes Article 53(2) GDPR, which outlines the qualificatory and experiential requirements for SA members. However, unlike Article

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

with the support of the EDPB in accordance with Article 70(1)(b) GDPR. According to Article 45(5) GDPR, the continued monitoring referred to in paragraph

for the violation of Article 5(1)(f) GDPR and Article 5(2) GDPR. The AEPD considered that the fine was proportional, since the GDPR establishes that fines

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

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

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

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 carried

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

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

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

according to Article 58 Paragraph 2 Letter i and Article 83 Paragraph 1 to 6 GDPR Article 58 Paragraph 2 Litera i and Article 83 Paragraph One , to 6 GDPR are to

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

..............69 B.2.2. - Determining the purposes ofthe processingofpersonal datawithin the TCF...............................71 B.2.3. - Determiningthe

reasoned in accordance with Article 4(24) GDPR and, after conducting its own assessment of the factors under Article 83(2) GDPR, found that the proposed fine

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

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 article 35 of the GDPR, typified in article 83.4.a) of the GDPR and article 73.t) of the LOPDGDD” "For the purposes specified in the art. 64.2 b) of

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

and Article 5, Chapter IV and Article 83. The relevant obligations 2.5. Chapter 1 GDPR sets out the general provisions. Article 5 of Chapter I GDPR sets

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

elements. Infringement of Article 6 and 9 GDPR qualifies for the maximum amount for administrative fines as set out in Article 83(5) GDPR: 20,000,000 € or 4%

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

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 AEPD

imposed on OpenAI a temporary limitation of processing pursuant to Article 58(2)(f) GDPR. Such limitation concerns all processing operations involving data

SECOND: NOTIFY this resolution to B.B.B.. THIRD: ORDER to B.B.B., with NIF ***NIF.1, which by virtue of article 58.2.d) of the RGPD, within a period of

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

IMPOSE COMMUNITY OWNERS B.B.B., with NIF ***NIF.1, for a violation of Article 5.1.f) of the GDPR, typified in Article 83.5 of the GDPR, a fine of ONE THOUSAND

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

and (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)

particular case". According to the provisions of article 83.2 of the GDPR, the measure provided for in article 58.2 d) of the aforementioned Regulation is compatible

very serious in article 72.1. e) from the LOPDGDD, with 10,000 euros. -article 13 of the GDPR, in accordance with article 83.5 b) of the GDPR, and for the

IMPOSE B.B.B., with NIF ***NIF.1, for a violation of Article 6.1 and another of article 13 of the RGPD, typified in Article 83.5 letters a) and b) of the

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

with NIF ***NIF.1, for the alleged violation of Article 13 of the RGPD, typified in Article 83.5 of the GDPR. SECOND: APPOINT R.R.R. as instructor. and, as

the alleged violation of article 5.1.f) of the GDPR and article 32 of the GDPR, typified in article 83.5 and 83.4 of the GDPR. The initiation agreement

Agency RESOLVES: FIRST: IMPOSE B.B.B., with NIF ***NIF.1, for an infraction of article 6.1 of the RGPD, typified in article 83.5 of the RGPD, a fine of €10

regard to article 83.2 (k) of the RGPD, the LOPDGDD, article 76, "Sanctions and corrective measures", provides: "2. In accordance with Article 83(2)(k) of

same Article 83. Article 83 of the GDMP provides thatEach enforcement authority shall ensure that administrative fines imposed under this Article for violations

of paragraphs 1 and 2 and paragraph b) of paragraph 3, all of article 35, and paragraph a) of paragraph 4 of article 83, all GDPR, with a fine of up to

violated Article 5(1)(e) GDPR and Article 25(2) GDPR. As a result, the DPA issued a reprimand to the controller in accordance with Article 58(2)(b) GDPR. Pursuant

third parties (article 83.2.k, of the C/ Jorge Juan, 6 www.aepd.es 28001 – Madrid sedeagpd.gob.es 10/11 RGPD in relation to article 76.2.b, of the LOPDGDD)

personal data", circumstance provided for in article 76.2.b) LOPDGDD in connection with article 83.2.k) GDPR. The business activity of the defendant necessarily

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

the violation of the GDPR: violation of article 6.1, violation typified in its article 83.5.a). IV Secondly, article 32 of the GDPR “Security of processing”

of personal data of clients or third parties (article 83.2.k, of the GDPR in relation to article 76.2.b, of the LOPDGDD). The Judgment of the National

following criteria established by article 83.2 of the RGPD, considering as aggravating circumstance according to article 76.2 b) LOPDGDD, the relationship of

provisions of article 83.1 of the GDPR. In order to determine the administrative fine to be imposed, the provisions of article 83.2 of the GDPR and article 76 of

” Regarding section k) of article 83.2 of the GDPR, the LOPDGDD, article 76, "Sanctions and corrective measures", provides: "2. In accordance with the provisions

on final judgments did not comply with Article 25(1) GDPR. Pursuant to Article 58(2)(b) and Article 58(2)(d) GDPR, the DPA reprimanded the controller for

on final judgments did not comply with Article 25(1) GDPR. Pursuant to Article 58(2)(b) and Article 58(2)(d) GDPR, the DPA reprimanded the controller for

such a fulfilment by Article 12(3) & (4) GDPR. For this reason, an administrative fine of 1000 EUR was imposed (Article 83(5)b GDPR). Share your comments

follows: “B.B.B.” (link 9), “B.B.B.” (link 10), “B.B.B.” (links 11) and “B.B.B.” (link 12). The link address shows “B.B.B.” (link 9), “B.B.B.” (links 10

the claimed party, for the alleged violation of Article 32 of the RGPD, typified in Article 83.4 of the GDPR. Once the initiation agreement was notified,

compliance and accountability with the principles of Article 5(1) and par.2 in conjunction with Article 6(1) GDPR. B. imposes on NEW YORK COLLEGE S.A. the effective

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

particular". According to the provisions of article 83.2 of the GDPR, the measure provided for in article 58.2.d) of the aforementioned Regulation is compatible

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)

several paragraphs of Article 83 of the GDPR, as further summarised below. Fining of the ‘gravest infringement’. Article 83(3) GDPR provides that “[i]f a

the GDPR. In light of this, the Court agreed with the DPA that the controller had violated Article 5(1)(a) GDPR, Article 12 GDPR, Article 13 GDPR, Article

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

same article 83. 40. Article 83 of the GDPR provides: 1. Each supervisory authority shall ensure that administrative fines imposed under this Article for

these facts: one for the violation of article 5.1.f) RGPD, and another for article 32 GDPR. x Article 58.2 of the GDPR provides the following: “Each supervisory

proportionate and dissuasive. The stated in Article 83.1 of the Data Protection Regulation. In article 83.2 of the data protection regulation, the factors

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

in particular of children was in breach of Article 5, Article 6, Article 8, Article 9, and Article 25 GDPR. Consequently, the DPA urgently imposed upon

***EMAIL.1 and the tenants are Mr. B.B.B. and Ms. C.C.C., with an e-mail address for notification purposes ***EMAIL.2 FOURTH: On 07/02/19, the Subdirectorate

violation of Article 6(1) GDPR; 2. Did not provide the complainant with enough information prior to the processing, in violation of Article 13 GDPR; 3. Processed

(Articles 58(2)(i) GDPR) & 83 GDPR) and, after having taken into consideration Article 83(2) GDPR's fine measuring principles and ARTICLE 29 Data Protection

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 not

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

this from happening, in violation with Article 24(1), Article 24(2), and Article 25(1) GDPR. According to Article 24(4) of the Finish Data Protection Act

1 of the Personal Data Act, cf. the Privacy Ordinance, Article 58 no. 2 letter i, cf. article 83, is imposed on Coop Finnmark SA, org.nr. 981 397 568, to

right to privacy. Health data are sensitive data covered by Article 9 GDPR. According to Article 137 of the Italian Data Protection Code, health data can

rating, breaching Article 6(1) GDPR, and required the company to implement a policy for conducting credit ratings per Article 24 GDPR. A person lodged a

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

diligence is expected from it (Article 83(2)(k) of the GDR). 176. The Litigation Chamber further recalls that, under Article 83(5)(b) of the GDR, it provides

period allotted to it to do so (Article 15.1 combined with Article 12.3. of GDPR as well as Article 12.2. of the GDPR (obligation to facilitate the exercise

the OCE informs that on 2 April 2019 the mandatory copy of the Electoral Census had been delivered to its representative, Mr. B.B.B, for the purposes provided

investigations the CNIL found five breaches of the GDPR: -         Violation of the right to object, Article 21(2) GDPR: no procedure was implemented to ensure effectively

Ordinance Article 6 No. 1 letter f, for failure to assess protests, cf. Article 21, and for lack of information, cf. Article 13. 2. Pursuant to Article 58 (2)

montant de 10.000 € (article 83, paragraphe 2, de l'AVG ; article 100, §1, 13° WOG et article 101 WOG). 129. Compte tenu de l'article 83 AVG et de la jurisprudence17

within the meaning of Art. 83(2)(b) GDPR. 69 In the opinion of the Senate, the review and deletion periods under section II.2.b) of the Rules of Conduct

infringement (article 83.2 b) of the RGPD) and degree of BBVA's responsibility taking into account technical or organizational measures applied (article 83.2 d) of

of a link to this information. This was a violation of Article 12. Based on Article 13(2)(a) GDPR and WP29 guidelines on transparency, the CNIL noted that

violation committed by the Center of Registers listed in Article 83(2) (b), (c), (e), (f) and (h) GDPR, i. e. the absence of intent, the efforts made to restore

Agency sanction B.B.B., with NIF ***NIF.1, for a violation of article 6 of the RGPD, typified in article 83.5 of the RGPD, with a fine of €2,000 (two thousand

relation to Article 83.2(k) of the RGPD, the LOPDGDD, in its Article 76, "Sanctions and remedial measures", provides that "In accordance with Article 83(2)(k)

Agency RESOLVES: FIRST: IMPOSE B.B.B., with NIF ***NIF.1, for a violation of article 6.1 of the RGPD, typified in article 83.5.b) of the RGPD, a fine of €10

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

of EUR 2,000 (two thousand euros) on B.B.B., with IFRN ***NIF.1, for an infringement of Article 32 GDPR, as defined in Article 83.4 of the GDPR. SECOND:Notify

(f), 9 and 32(1)(b) GDPR.” Pursuant to Article 58(2)(i), the DPA hence imposed an administrative fine as per Article 83(4) and (5) GDPR. Given that the

infringement typified in article 83.5.b) of the RGPD, the following mitigating factors: - The claimed one does not have previous infringements (83.2 e) RGPD). - It

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)

for the alleged infringement of article 58.2 of the RGPD, typified in article 83.5 e) of the RGPD. 1. NAME D. B.B.B. as instructor and Dña. C.C.C. as

allegations of D. B.B.B. exceed the jurisdiction of the Board, being able to go to court. The complaining party states that D. B.B.B. cannot access the

by the alleged violation of Article 5.1(f) of the GDPR, Article 5.1(b) of the GDPR, as set out in Article 83.5 of the GDPR. FOURTH: On 10 June 2020, the

and mitigate its effects (article 83.2.f, of the RGPD) -Basic personal identifiers (name, surname, address, D.N.I.) (article 83.2 g). Therefore, in accordance

by Article 83.2 of the RGPD, and with the provisions of Article 76 of the LOPDGDD, with respect to paragraph k) of the aforementioned Article 83.2 RGPD

violating Article 5(1) GDPR Article 6 (1) GDPR Article 6(4) GDPR Article 9 GDPR Article 14 GDPR Article 30 GDPR Article 35 GDPR and Article 36 GDPR. The fine

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

for the violation of Article 6 GDPR and € 4 000 for the violation of article 13, under the power conferred by Article 83(5) GDPR. Share your comments here

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

and payroll of Ms. B.B.B.  November 8, 2018 – D. D.D.D. (Brother of the claimant) send by mail the income 2017 (model100) from Ms. B.B.B..  November 9,

Controller A and B should have responded positively to the request of the Complainant in accordance with Article 12(2) GDPR and Article 15 GDPR. The HDPA imposed

to in Article 58(2) of the Regulation are not met’. The Authority then imposed an administrative fine to the USL as per Articles 83(5)(b) and 83(4)(a)

constitute a violation of Article 5 (1) (f) of the RGPD? For infringing Article 5(1)(f) GDPR, in conjunction with Article 72(1)(a) LOPDGDD, the Spanish

against the controller. Based on Article 72(1)(b) of the national data protection law, and Articles 83(1) and 83(2) GDPR, the DPA considered aggravating

defendant is defined in Articles 83.4.a) and 83.4.b) respectively. 83.5.a) of the RGPD, precepts that they establish: Article 83.4: "Violations of the following

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)

the respondent, by the alleged violation of Article 5.1.c) of the RGPD, as defined in Article 83.5 of the GDPR. SIXTH: Formal notification of the agreement

claimed entity has no previous infractions (83.2 e) RGPD). - She has not obtained direct benefits (83.2 k) RGPD and 76.2.c) LOPDGDD). - The Respondent is not

Guarantee of Digital Rights (Article 32.2). In determining the fine, the following aggravating factors under Article 83 GDPR were considered: unintentional

alleged infringement of Article 5.1.d) of the RGPD as defined in article 83.5.a) of the aforementioned RGPD. To appoint Mr. B.B.B. as instructor and Ms.

subsequent violations of Article 32(1)(b) GDPR and Article 32(1)(d) GDPR and of the principle of accountability as foreseen in Article 5(2) GDPR read in conjunction

with the provisions of article 58.2.b) of the RGPD, for the alleged infringement of article 14 of the RGPD, typified in article 83.5.b) of the RGPD. In that

paragraph k) of Article 83.2 of the RGPD, the LOPDGDD, Article 76, "Sanctions and corrective measures", it provides: "In accordance with Article 83(2)(k) of Regulation

reasons, Company B was found to be in breach of Article 32 GDPR. The Luxembourg DPA issued a fine of €5,330 under Article 83(2) GDPR, ordered the Company

violation of data minimisation, Article 5(1)(c) GDPR. No fines can be imposed against the controller and Article 83(5) GDPR can therefore not be imposed.

effects (article 83.2.f of the GDPR) 4.1.12. Likewise, the Contentious Chamber did not take into consideration the cooperation of X (article 83.2 f). From

violation of article 6. of the GDPR. In order to determine the administrative fine to be imposed, the provisions of articles 83.1 and 83.2 of the RGPD must

P3002000B, for an infringement of article 13 of the RGPD, typified in article 83.5.b) of the RGPD, a warning sanction in accordance with article 77.2 of the

infringement of article 5.1(b), as defined in Article 83(5)(a) and considered for the purposes of the statute of limitations in Article 72(1)(a), a fine

ORDER B.B.B., with NIF ***NIF.1, in accordance with article 58.2.d) of the GDPR, for a violation of article 13 of the GDPR typified in article 83.5.b) of

paragraph k) of Article 83.2 of the RGPD, the LOPDGDD, Article 76, "Sanctions and corrective measures", it provides: "In accordance with Article 83(2)(k) of Regulation

RESOLVES: FIRST: TO IMPOSE on B.B.B., with NIF ***NIF.1, for an infringement of Article 5.1.c) of the RGPD, typified in Article 83.5 of the RGPD, a penalty

under Article 5 (1)(e)GDPR, the duty to provide information under Article 13 GDPR, and the obligation to carry out a DPIA under Article 35(3)(b) GDPR. The

processing special categories of data, cf. Article 32(1)(b) GDPR, Article 32(1)(d), Article 24 and Article 35, cf. Article 5. In May 2019, a municipality reported

Administrator of D. B.B.B., the company has not changed their legal representatives. FOUNDATIONS OF LAW I By virtue of the powers that article 58.2 of the RGPD

infringing article 5(3) GDPR which enshrines the principle of data minimisation. The AEPD examined a complaint submitted by miss A.A.A against mr. B.B.B. for

scale due to the number of clients it has (article 83.2 a).  Basic personal identifiers are affected (article 83.2 g) Therefore, in accordance with the applicable

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

interested parties (art.83.2. c) of the RGPD). Aggravating factors: - The intentionality or negligence of the infringement (article 83.2. B) of the RGPD). - Basic

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

" Regarding section k) of article 83.2 of the RGPD, the LOPDGDD, article 76, "Sanctions and corrective measures", provides: "2. In accordance with the provisions

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

elements provided for in Article 83.2 of the GDPR: - As to the nature and seriousness of the violation (Article 83.2.a) of the GDPR), it is that with respect

the criteria in Article 83 (2) sentence 2 GDPR. In this case, the fact-based assessment criteria in Article 83 (2) sentence 2 of the GDPR take precedence

to B.B.B.. C/ Jorge Juan, 6 www.aepd.es 28001 – Madrid sedeagpd.gob.es 10/11 THIRD: ORDER to B.B.B., with NIF ***NIF.1, which by virtue of article 58.2

analyzes the criteria set 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

infringement.In relation to Article 83(2)(k) of the GDPR, the LOPDGDD, in its Article 76, "Sanctions and corrective measures", states that: "2. In accordance with

Agency RESOLVES: FIRST: IMPOSE B.B.B., with NIF ***NIF.1, for an infraction of Article 5.1.c) of the RGPD, typified in Article 83.5 of the RGPD, a fine of €1

whichever is the greater higher amount, in accordance with Article 83.5(b) of the GPRS. However, Article 58(2) of the GPRS provides that: 'Each supervisory authority

negligent action, but significant (article 83.2 b) - Basic personal identifiers are affected (name, surname, address) (article 83.2 g) -The evident link between

serious negligent action (article 83.2 b). Basic personal identifiers are affected (name, surname, mobile phone number) (article 83.2 g). The evident link between

parties (article 83.2.k, of the RGPD in relation to article 76.2.b, of the LOPDGDD). The balance of the circumstances contemplated in article 83.2 of the

the infringement. In relation to letter k) of article 83.2 of the RGPD, the LOPDGDD, in its article Article 76, “Sanctions and corrective measures”, establishes

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

entering the recipients in the specific field of the emails (Article 83, paragraph 2, letter b) of the Regulation); the Hospital has taken charge of the problem

accordance with article 83.5 of the RGPD. 7th In order to determine the administrative fines to be imposed, the provisions of articles 83.1 and 83.2 of the RGPD

Company itself, pursuant to Article 58, paragraph 2, letter i), of the Regulation, Article 166, paragraph 7, of the Code and Article 18 of Law no. 689/1981

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

paragraph k) of Article 83.2 of the RGPD, the LOPDGDD, Article 76, "Sanctions and corrective measures", it provides: "In accordance with Article 83(2)(k) of Regulation

controller had violated Article 5(1)(f) GDPR, Article 17(1) GDPR, Article 25(1) GDPR, Article 32(1) GDPR and Article 32(2) GDPR. As a result, the DPA issued

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

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

significant negligent action identified (Art. 83 (2) (b) GDPR). -basic personal affected (Art. 83 (2) (g) GDPR). -Actions previously committed, as this is

provisions of Article 58 (2) (i) of the GDPR, each supervisory authority has, inter alia, the power to impose an administrative fine under Article 83, depending

with NIF P3120800B, for the alleged violation of article 5.1.b) in relation to article 6.4 of the RGPD, in accordance with article 83.5.a) of the RGPD

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

alleged infringement of article 5.1.c) of the RGPD and article 13 of the RGPD, typified in Article 83.5 a) and b) of the GDPR. FIFTH: On 12/17/2021 the

carried out by the claimed (article 83.2. a) of the RGPD). - The intentionality or negligence of the infringement (article 83.2. B) of the RGPD). - Basic personal

serious negligent action (article 83.2 b). -Basic personal identifiers are affected (name, surname, mobile phone number) (article 83.2 g). -The obvious link