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From GDPRhub
  • controller's behalf should be established. In particular, the controller should be obliged to implement appropriate and effective measures and be able to demonstrate
    51 KB (6,355 words) - 08:25, 18 April 2024
  • consent must be distinguishable from other matters in any written declaration, can be withdrawn at any time and the provision of a contract may not be made conditional
    108 KB (17,005 words) - 15:39, 18 March 2024
  • this will usually be printed. There is no duty to provide the information in a format that can be kept by the data subject, it must only be "provided". It
    76 KB (11,304 words) - 08:37, 4 March 2024
  • subject be concise, easily accessible and easy to understand, and that clear and plain language and, additionally, where appropriate, visualisation be used
    73 KB (9,896 words) - 15:46, 18 March 2024
  • pseudonymisation, which could be attributed to a natural person by the use of additional information should be considered to be information on an identifiable
    125 KB (16,328 words) - 16:01, 8 March 2024
  • the data subject should be determined by reference to the nature, scope, context and purposes of the processing. Risk should be evaluated on the basis of
    41 KB (5,197 words) - 12:17, 17 April 2024
  • it can be assumed that the SAs may be given additional powers, but that the existing powers may not be restricted. A contrary view cannot be derived from
    46 KB (5,825 words) - 11:12, 7 November 2023
  • processing to be carried out. The description of personal data used should be as precise as possible, while still being concise. Usually this can be achieved
    71 KB (9,532 words) - 13:30, 6 March 2024
  • criteria should be used. According to Voigt and von dem Bussche, “the former should be the case, as otherwise the obligation would be too much of a burden
    61 KB (8,488 words) - 15:47, 18 March 2024
  • the infringement to be punished is to this code of conduct, the less this criterion may be taken into account. Otherwise, there would be a violation of the
    55 KB (7,622 words) - 14:04, 7 November 2023
  • Interest of a Natural Person The processing of personal data should also be regarded to be lawful where it is necessary to protect an interest which is essential
    44 KB (5,905 words) - 14:00, 24 October 2023
  • referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any
    49 KB (5,993 words) - 06:22, 16 June 2023
  • order to be effective, data protection must be implemented ex ante. Hence, the controller must define the privacy requirements that need to be taken into
    43 KB (4,675 words) - 06:43, 16 June 2023
  • controller's behalf should be established. In particular, the controller should be obliged to implement appropriate and effective measures and be able to demonstrate
    30 KB (3,458 words) - 10:31, 25 April 2024
  • circumstances of the case. Where personal data can be legitimately disclosed to another recipient, the data subject should be informed when the personal data are first
    47 KB (5,644 words) - 17:49, 5 March 2024
  • consent should be given for all of them. If the data subject's consent is to be given following a request by electronic means, the request must be clear, concise
    31 KB (3,489 words) - 16:00, 8 March 2024
  • their agreement must be the same as those of the SCCs. The SCCs will often leave some blank spaces to be filled in or options to be selected by the parties
    72 KB (9,140 words) - 13:12, 2 June 2023
  • information can be obtained; (c) describe the likely consequences of the personal data breach; (d) describe the measures taken or proposed to be taken by the
    54 KB (6,536 words) - 08:22, 16 June 2023
  • involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused
    33 KB (4,215 words) - 09:57, 19 March 2024
  • nnees.be/introduire-une-requete-une-plainte In Dutch: https://www.gegevensbeschermingsautoriteit.be/verzoek-klacht-indienen The complaint can be sent by
    9 KB (993 words) - 07:10, 28 July 2022
  • may be relevant. The fact that personal data is publicly available may be considered as a factor in the assessment if the data was expected to be further
    52 KB (7,297 words) - 08:05, 18 July 2023
  • Each legally binding measure of the supervisory authority should be in writing, be clear and unambiguous, indicate the supervisory authority which has
    60 KB (7,796 words) - 20:12, 1 April 2024
  • the supervisory authorities concerned shall be deemed to be in agreement with that draft decision and shall be bound by it. 7. The lead supervisory authority
    35 KB (4,017 words) - 16:04, 18 March 2024
  • individual and may be influenced by practicality or efficiency aspects, in addition to legal considerations. Some of these aspects may be, legal costs, procedural
    33 KB (3,641 words) - 09:51, 19 March 2024
  • personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98. 4. This Regulation shall be without prejudice
    34 KB (4,652 words) - 12:07, 12 November 2023
  • subjects should be directly notified of the relevant breach. When communicating a breach to data subjects, dedicated messages should be utilized, separate
    37 KB (3,962 words) - 15:20, 16 June 2023
  • other establishment should be considered to be the main establishment. The main establishment of a controller in the Union should be determined according to
    55 KB (7,446 words) - 22:28, 1 April 2024
  • communications, including by e-mail, fax or telephone. The complaint shall be signed by the data subject or, on his or her behalf, by a third sector body
    7 KB (808 words) - 08:17, 16 February 2023
  • Although there does not seem to be a specific requirement for the decision to be formalised in a particular way, it should at least be distinguishable from other
    31 KB (4,768 words) - 06:24, 16 June 2023
  • also be assessed. In particular, following the EDPB reading, a proposed restriction should be supported by evidence describing the problem to be addressed
    44 KB (4,896 words) - 06:25, 16 June 2023
  • should be verifiable by means of its records. Thus, in order for the keeping of records to be meaningful, it will be necessary for the controller to be able
    31 KB (3,327 words) - 15:31, 5 June 2023
  • it should be pointed out that the safeguards mentioned in the provision constitute an alternative system of data transfer and can therefore be additional
    34 KB (3,646 words) - 08:53, 27 March 2023
  • health data in order to be able to effectively provide healthcare. In this instance, the processing of data should be considered to be part of a hospital’s
    43 KB (4,904 words) - 12:59, 21 July 2023
  • Principles of Data Processing Any processing of personal data should be lawful and fair. It should be transparent to natural persons that personal data concerning
    23 KB (2,489 words) - 23:24, 6 March 2024
  • operations are designed. In any case, the DPO shall be involved at a stage when fundamental decisions can still be taken. Among others, the early involvement is
    29 KB (2,951 words) - 14:19, 25 July 2023
  • Member State concerned shall be competent. In such cases Article 56 does not apply. 3. Supervisory authorities shall not be competent to supervise processing
    35 KB (3,971 words) - 21:34, 1 April 2024
  • risk. The outcome of the assessment should be taken into account when determining the appropriate measures to be taken in order to demonstrate that the processing
    31 KB (3,646 words) - 08:51, 21 July 2023
  • public hearing. Under specific conditions the hearing may be secret. For an administrative fine to be issued, a prior invitation of the defendant (or his representative
    23 KB (2,039 words) - 08:15, 25 April 2024
  • principle be ensured by technical means in such a manner that the personal data are not subject to further processing operations and cannot be changed.
    32 KB (3,730 words) - 08:43, 7 March 2024
  • scientific or historical research purposes or statistical purposes should be considered to be compatible lawful processing operations. The legal basis provided
    17 KB (1,768 words) - 15:41, 18 March 2024
  • determine whether a processing activity can be considered to monitor the behaviour of data subjects, it should be ascertained whether natural persons are tracked
    37 KB (4,635 words) - 13:29, 24 October 2023
  • mentioned above, derogations from Article 49 GDPR may be used. Additionally, Article 44 GDPR must be also be complied with, meaning that any transfer based on
    29 KB (3,500 words) - 08:54, 27 March 2023
  • shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought
    31 KB (3,550 words) - 11:11, 29 November 2023
  • requirements for 85(1) to be fulfilled. While not outlined, the academic commentary agrees that Article 85(1) should not be read as requiring member states
    33 KB (3,748 words) - 14:25, 7 November 2023
  • pursued need to be demonstrated; (iii) the processing has to be subject to independent oversight; and (iv) effective remedies need to be available to the
    43 KB (5,641 words) - 14:58, 28 April 2022
  • subject be concise, easily accessible and easy to understand, and that clear and plain language and, additionally, where appropriate, visualisation be used
    37 KB (3,915 words) - 12:49, 24 May 2023
  • the controller or the processor and may be addressed by any supervisory authority. The representative should be explicitly designated by a written mandate
    22 KB (2,042 words) - 14:29, 20 November 2023
  • as well as any other person which would be adversely affected by the decision, must be afforded the right to be heard in relation to the subject matter
    33 KB (4,185 words) - 16:09, 2 November 2023
  • supervisory authority should be brought before the courts of the Member State where the supervisory authority is established and should be conducted in accordance
    30 KB (3,874 words) - 10:46, 7 December 2023
  • they may be developed to “calibrate the obligations of controllers and processors” according to Recital 98 GDPR. As such, codes are intended to be an additional
    44 KB (5,008 words) - 14:50, 28 July 2023
  • must also be met for onward transfers to further third countries. The same provision specifies that all the provisions in Chapter V must be applied in
    21 KB (1,831 words) - 08:51, 27 March 2023
  • parliamentary hearing if there are privacy-related aspects to the law that needs to be considered. The International area department focus on Nordic, European and
    6 KB (605 words) - 14:08, 27 April 2021
  • behaviour is monitored, are. 4. The representative shall be mandated by the controller or processor to be addressed in addition to or instead of the controller
    25 KB (2,418 words) - 14:11, 24 May 2023
  • (like the correspondence with the controller) need to be attached. Under § 24(4) DSG complaints need to be filed one year from the time the complainant has
    11 KB (1,468 words) - 13:27, 14 May 2023
  • typically not be considered as “provided by the data subject” and thus will not be within scope of this new right. However, it should be noted that there
    40 KB (5,349 words) - 07:05, 1 June 2023
  • the data subject must be implemented. After defining each of these purposes, the safeguards that controllers must be in place will be discussed. According
    29 KB (3,695 words) - 13:44, 21 March 2024
  • are considered to be unlikely to result in a high risk to the rights and freedoms of natural persons and indicate what measures may be sufficient in such
    23 KB (2,165 words) - 15:10, 27 July 2023
  • in most cases, be the First Tier Tribunal (Information Rights). If an appeal raises particularly complex or important issues, it may be transferred to
    18 KB (2,488 words) - 15:22, 14 December 2021
  • 55(1). In that case, the urgent need to act under Article 66(1) shall be presumed to be met and require an urgent binding decision from the Board pursuant
    24 KB (2,181 words) - 11:46, 15 January 2024
  • compliance with this Regulation. The accreditation shall be issued for a maximum period of five years and may be renewed on the same conditions provided that the
    22 KB (1,634 words) - 14:40, 28 July 2023
  • Article shall be adopted within two weeks by simple majority of the members of the Board. Recital 137: Provisional Measures There may be an urgent need
    20 KB (1,590 words) - 16:11, 2 November 2023
  • 5(1)(e) GDPR when determining the duration for which data must be stored. Any such laws would also be relevant for determining whether the processing is necessary
    27 KB (2,604 words) - 14:24, 16 January 2024
  • a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if
    19 KB (1,335 words) - 13:56, 24 October 2023
  • activity” is. According to Kuner, this could be a joint venture or an alliance, “as long as it is stable”. BCRs may be introduced for either data controllers
    29 KB (2,823 words) - 15:15, 28 April 2022
  • will be subject to continuous change, since an EU-wide mechanism will need to be adaptable to take into account national regulations that may be sector-specific
    27 KB (2,452 words) - 14:26, 28 July 2023
  • personal data should be designed to serve mankind. The right to the protection of personal data is not an absolute right; it must be considered in relation
    28 KB (3,831 words) - 16:21, 14 March 2024
  • supervisory authority should be laid down by law in each Member State and should in particular provide that those members are to be appointed, by means of a
    47 KB (5,594 words) - 22:45, 1 April 2024
  • to the data subject proves to be impossible or would involve a disproportionate effort. The latter could in particular be the case where processing is carried
    19 KB (1,436 words) - 12:35, 12 May 2023
  • understanding of the term 'not-for-profit' must be given an autonomous meaning, its interpretation in this context should not be determined by Member State law. Essentially
    26 KB (2,575 words) - 15:50, 9 November 2023
  • Article, “may be accredited”, it is possible to argue that certain DPAs can decide to be more strict, and require additional criteria to be fulfilled. In
    30 KB (2,720 words) - 14:02, 28 July 2023
  • matter. That opinion shall be adopted within eight weeks by simple majority of the members of the Board. That period may be extended by a further six weeks
    23 KB (2,079 words) - 16:07, 2 November 2023
  • official documents to be taken into account when applying this Regulation. Public access to official documents may be considered to be in the public interest
    22 KB (2,177 words) - 10:01, 19 March 2024
  • 29. See the law here, in French. The law "informatique et Libertés" has to be read jointly with the Decree n° 2019-536 of May 29. According to Article 8(I)(2)(d)
    8 KB (824 words) - 22:52, 27 February 2024
  • application of this Regulation, the Board should be able to issue guidelines in particular on the criteria to be taken into account in order to ascertain whether
    27 KB (3,038 words) - 12:19, 11 October 2023
  • interest could be a 'cooling off' period after the end of a member's term of office. Commentators suggest that periods of 18-24 months should be be viewed as
    34 KB (3,649 words) - 13:19, 30 October 2023
  • pseudonymisation, which could be attributed to a natural person by the use of additional information should be considered to be information on an identifiable
    20 KB (1,854 words) - 16:32, 8 March 2024
  • in office. It should be highlighted that resignation should be voluntary, and not influenced by external pressure. Retirement can be a reason for the premature
    29 KB (2,894 words) - 23:06, 1 April 2024
  • 55. In that case, the urgent need to act under Article 66(1) shall be presumed to be met and require an opinion or an urgent binding decision from the Board
    22 KB (1,915 words) - 13:46, 15 January 2024
  • fines under Article 83 GDPR can likely be classified as criminal in nature. Thus, compliance with Article 50 CFR may be threatened where a criminal sanction
    19 KB (1,477 words) - 14:12, 7 November 2023
  • accordance with Article 290 TFEU should be delegated to the Commission. In particular, delegated acts should be adopted in respect of criteria and requirements
    19 KB (1,525 words) - 08:18, 19 October 2023
  • may be used as an element to demonstrate compliance with the obligations of the controller. The carrying-out of processing by a processor should be governed
    13 KB (674 words) - 13:15, 2 June 2023
  • paragraph 1 of this Article shall be subject to the supervision of an independent supervisory authority, which may be specific, provided that it fulfils
    25 KB (2,482 words) - 10:04, 19 March 2024
  • 2002/58/EC, that Directive should be amended accordingly. Once this Regulation is adopted, Directive 2002/58/EC should be reviewed in particular in order
    20 KB (1,539 words) - 08:21, 19 October 2023
  • choice must be seen in light of Case C-614/10, Commission v Austria. Here, the ECJ established that a supervisory authority's staff could not be subject to
    20 KB (1,347 words) - 14:21, 17 October 2023
  • GDPR, therefore neither provision can be interpreted without reference to the other. The opening clause should be read as containing two different functions
    32 KB (3,228 words) - 13:32, 30 November 2023
  • Information did not have to be kept in archives, send in postal mail and analyses by individuals, but could increasingly be processed automatically - dramatically
    48 KB (5,978 words) - 15:57, 1 February 2024
  • and shall have legal personality. 2. The Board shall be represented by its Chair. 3. The Board shall be composed of the head of one supervisory authority
    20 KB (1,632 words) - 10:01, 11 October 2023
  • shall be five years and be renewable once. Recital 139: EDPB In order to promote the consistent application of this Regulation, the Board should be set up
    19 KB (1,530 words) - 14:23, 12 October 2023
  • are considered to be unlikely to result in a high risk to the rights and freedoms of natural persons and indicate what measures may be sufficient in such
    22 KB (2,266 words) - 08:26, 17 October 2023
  • reports shall be transmitted to the national parliament, the government and other authorities as designated by Member State law. They shall be made available
    15 KB (718 words) - 15:31, 19 October 2023
  • third countries and international organisations. The report shall be made public and be transmitted to the European Parliament, to the Council and to the
    15 KB (1,196 words) - 08:15, 19 October 2023
  • Directive 95/46/EC should be repealed by this Regulation. Processing already under way on the date of application of this Regulation should be brought into conformity
    13 KB (530 words) - 09:40, 3 October 2023
  • must be preserved to allow them to act effectively. The wording of Article 76(1) GDPR makes it clear that the Board's deliberations are only to be confidential
    15 KB (787 words) - 08:17, 19 October 2023
  • final under the administrative procedure, but can be appealed to the courts. Decisions can, however, be appealed to the national courts, starting in the
    10 KB (1,078 words) - 06:40, 26 March 2023
  • identification number or any other identifier of general application shall be used only under appropriate safeguards for the rights and freedoms of the
    15 KB (660 words) - 09:37, 1 December 2023
  • Agreement and stated that, in order to be "adequate", the level of data protection offered by a third country should be “essentially equivalent” to that of
    16 KB (778 words) - 08:24, 19 October 2023
  • Commission requests that such matter should be handled in the consistency mechanism. That mechanism should be without prejudice to any measures that the
    15 KB (851 words) - 06:55, 29 April 2022
  • meaning of 'same subject matter' must be interpreted autonomously. However, Commentators have noted that the meaning cannot be drawn from Article 29 Brussels
    27 KB (2,619 words) - 14:52, 16 November 2023
  • Transfers should only be allowed where the conditions of this Regulation for a transfer to third countries are met. This may be the case, inter alia, where
    14 KB (716 words) - 15:19, 28 April 2022
  • 93 - Committee procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU)
    17 KB (1,096 words) - 08:19, 19 October 2023
  • GDPR will be of special importance in light of Brexit, as undoubtedly new mechanisms for cooperation between the British DPA and UE DPAs will be needed.
    17 KB (1,142 words) - 15:41, 28 April 2022
  • may not be instructed in its functions and shall operate independently of other bodies and of undue influence. The tasks of the NAIH may only be determined
    7 KB (821 words) - 14:16, 7 March 2024
  • 2002/58/EC, that Directive should be amended accordingly. Once this Regulation is adopted, Directive 2002/58/EC should be reviewed in particular in order
    15 KB (943 words) - 09:58, 8 November 2023
  • Regulation, implementing powers should be conferred on the Commission when provided for by this Regulation. Those powers should be exercised in accordance with Regulation
    15 KB (810 words) - 16:13, 2 November 2023
  • you file the appeal to reach this step. A database for AEPD's decisions can be found in the following page: https://www.aepd.es/es/informes-y-resoluciones/resoluciones
    4 KB (386 words) - 15:29, 3 September 2021
  • Balaiti). The Organisational Chart can be found here. Reference to procedural law ant the procedure of the ANSPDCP can be found here (in RO). You can help us
    3 KB (270 words) - 08:26, 2 April 2021
  • Board should be set up as an independent body of the Union. To fulfil its objectives, the Board should have legal personality. The Board should be represented
    18 KB (1,327 words) - 12:36, 14 December 2023
  • 25 May 2018. The Regulation's date of application was deliberately made to be later than its entry into force, for the purpose of creating a two-year transition
    12 KB (295 words) - 08:25, 19 October 2023
  • agreement is replaced or revoked, it will then no longer be protected by Article 96 GDPR if it is found to be incompatible with other GDPR provisions. → You can
    13 KB (450 words) - 08:22, 19 October 2023
  • Purposes Special categories of personal data which merit higher protection should be processed for health-related purposes only where necessary to achieve those
    18 KB (1,599 words) - 12:26, 29 April 2022
  • another MS, this will be considered as a cross-border case and will be forwarded to the competent supervisory authority which will be responsible for the
    4 KB (483 words) - 08:17, 12 July 2022
  • procedure. Recital 140: Secretariat and Staff of the EDPS The Board should be assisted by a secretariat provided by the European Data Protection Supervisor
    15 KB (808 words) - 09:44, 17 October 2023
  • CNPD can be challenged within 3 months. If it is, it will go to a general, administrative tribunal for review. A tribunal decision may also be challenged
    10 KB (1,199 words) - 10:14, 19 October 2022
  • completed investigations can be found here. Decisions by the DPA can be found here. Decisions by the Head of the DPA can be found here. You can help us
    5 KB (441 words) - 09:34, 17 September 2022
  • and, whether or not they have received a response. Attached documents can be the request for access and a document confirming its delivery/sending/submission
    6 KB (544 words) - 04:39, 11 October 2022
  • Under Section 143 DPA 2018 any decision by the DPC to issue a fine has to be "confirmed" by a Circuit Court. Irish law knows different forms or recourse
    8 KB (1,034 words) - 14:13, 20 August 2021
  • filling this section! Appeals against decisions in complaint procedures can be lodged with the Administrative Court. An individual can, in case of a breach
    10 KB (1,242 words) - 10:51, 6 February 2024
  • English versions of reports. Last public version (2018) can be found here. Current annual reports can be found on this page.
    4 KB (380 words) - 12:08, 1 July 2023
  • fines themselves. If fines are not appealed they can be enforced for 30 years. Complaints can be filed in writing, electronically and via fax. LDI can
    4 KB (372 words) - 10:45, 22 September 2021
  • provisions of the GDPR and references data processing on which the GDPR shall be applicable (§ 2 NDSG). It is more specific to the German Federal Data Protection
    5 KB (465 words) - 08:57, 9 January 2024
  • provide an overview over which sectors and issues will be prioritized. For 2019-2020 this overview can be found here (in SE). You can help us filling this section
    4 KB (356 words) - 11:51, 20 October 2022
  • request, while without his or her active participation the complaint cannot be resolved; d) more than three years have passed from the event that is subject
    9 KB (1,006 words) - 07:13, 7 July 2021
  • pseudonymisation, which could be attributed to a natural person by the use of additional information should be considered to be information on an identifiable
    182 KB (24,065 words) - 13:40, 9 July 2021
  • Harbor and stated that, in order to be "adequate", the level of data protection offered by the third country should be “essentially equivalent” to that being
    12 KB (1,780 words) - 17:22, 10 March 2022
  • is an overriding public interest. They require a statutory basis that must be constitutional itself and comply with the principle of legal clarity under
    18 KB (1,831 words) - 13:49, 3 November 2022
  • section! You can help us filling this section! The EDPB public agenda can be found here. You can help us filling this section!
    2 KB (207 words) - 14:56, 7 December 2023
  • section! You can help us by filling in this section! The decision database can be found here. You can help us by filling in this section! You can help us by
    3 KB (182 words) - 13:19, 15 September 2021
  • /2976 Online form submission No written signature required. Signature may be requested after submission Registration free of charge. No proof of knowledge
    2 KB (153 words) - 09:41, 30 April 2024
  • ongoing procedure and the results of a complaint procedure. Complaints can be filed in electronic form according to § 14(3) BDSG at bfdi.bund.de (in German)
    3 KB (297 words) - 14:49, 1 December 2020
  • complaints in the private sector within Baden-Württemberg. Complaints can be filed online on the LfDI's website. You can help us by filling in this section
    4 KB (275 words) - 11:13, 8 May 2022
  • filling in this section! The HmbBfDI provides a form here, but a complaint can be filed also with mail or encrypted e-mail. You can help us by filling in this
    4 KB (363 words) - 22:01, 7 December 2020
  • section! You can help us by filling in this section! The decision database can be found here, under "Resoluciones y Dictámenes más destacados del Consejo en
    3 KB (211 words) - 09:58, 18 June 2021
  • section! You can help us by filling in this section! The decision database can be found here. You can help us by filling in this section! You can help us by
    3 KB (195 words) - 13:21, 15 September 2021
  • The CJEU held that consent must be given by a clear affirmative act. Not opting out of pre-ticked boxes was found to be insufficient to establish that consent
    6 KB (893 words) - 15:22, 24 March 2022
  • such information should not be known to internet users when he considers that it might be prejudicial to him or he wishes it to be consigned to oblivion, even
    16 KB (2,423 words) - 13:03, 1 June 2023
  • not to be assessed according to a risk-based approach ("all-or-nothing") could not be accepted. This was not in line with the GDPR and had to be seen against
    108 KB (17,097 words) - 13:52, 12 May 2023
  • compensation received under Article 82 GDPR must be regarded as ‘full and effective’, if it allows the damage to be compensated in its entirety, without there
    5 KB (683 words) - 12:50, 28 June 2023
  • [Hungarian version of Directive 95/46 to translate ‘data processing’] be considered to be equivalent to the usual term for data processing, “adatkezelés”, used
    13 KB (1,888 words) - 13:07, 1 June 2023
  • court or DPA, this will be used for titles. Abbreviations of the DPAs can be found in the DPA overview. Abbreviations of courts can be found in the court overview
    17 KB (2,510 words) - 13:56, 24 April 2023
  • possibility. Alternatively, the decision may also be appealed in the competent court, which in most cases would be a first instance administrative court (Art
    15 KB (1,875 words) - 16:18, 13 July 2022
  • data can also be personal data managed so that this is not processed outside the EU / EEA, that the information about the individual user can be data minimized
    48 KB (7,442 words) - 10:24, 12 September 2022
  • means of processing, they shall be joint controllers. The CNIL considers that Google Ireland Ltd and Google LLC should be considered as joint controllers
    93 KB (14,936 words) - 17:09, 6 December 2023
  • know and be informed, in particular of the recipients of personal data. The Court pointed out Recital 63 GDPR does not mention that this right can be limited
    8 KB (992 words) - 17:03, 4 February 2023
  • where only consent should be the relevant legal basis. The NO DPA also considers that data cannot be a commodity and it should not be possible to pay with it:
    18 KB (2,375 words) - 16:17, 6 December 2023
  • right to a copy under Article 15(3) GDPR entails that the data subject must be given a faithful and intelligible reproduction of all their personal data
    3 KB (417 words) - 15:20, 8 May 2023
  • determine whether a person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person
    9 KB (1,113 words) - 13:10, 1 June 2023
  • It replied to him and stated that "exam scripts do not generally fall to be considered [for data protection purposes] … because this material would not
    6 KB (766 words) - 21:17, 5 March 2024
  • 15(3) of the GDPR is to be seen as an independent right to be provided with the complete information. Otherwise, it would not be possible to check the accuracy
    51 KB (8,592 words) - 07:03, 2 November 2021
  • themselves be considered make individuals identifiable, however, it must be considered that these unique identifiers in it the current case can be combined
    113 KB (12,773 words) - 15:20, 6 December 2023
  • (basically ordinary personal data, but it cannot be ruled out that sensitive personal data will also be included) will be transferred to unsafe third countries without
    75 KB (11,733 words) - 16:33, 21 August 2022
  • affirmative, does it follow from the “right to be forgotten” under Article 17(1)(d) of [the GDPR] that such data must be deleted where the processing period provided
    15 KB (2,180 words) - 08:23, 13 December 2023
  • readers to find your summary. Please take care to be very precise, as many elements require each digit to be correct, so that your summary shows up in the
    17 KB (2,638 words) - 11:18, 19 February 2024
  • Articles 101 and 102 TFEU, would require Germany to allow that GDPR fines may be initiated directly against an undertaking, despite Germany's administrative
    7 KB (936 words) - 16:39, 12 December 2023
  • constitutional status. It cannot be repealed "implicitly" as is normally the case with normal Acts of Parliament (it must be done "explicitly"). This was first
    14 KB (2,011 words) - 15:42, 25 November 2020
  • teachers are processed via the systems. However, it cannot be ruled out that this information may be included in e-mails from the teachers or via other material
    117 KB (18,075 words) - 10:19, 12 September 2022
  • decision on a case, this decision can be appealed within three weeks after receipt of the decision. The appeal has to be submitted to Datatilsynet (Postboks
    5 KB (427 words) - 15:48, 24 January 2022
  • question that should be answered only by the Data Controller. The same criterion should be answered by any party to whom the data are asked to be disclosed. Secondly
    5 KB (749 words) - 12:58, 1 June 2023
  • data can be processed in an employment context when it’s necessary for duties or rights under labour law following § 6. Personal data can be processed
    8 KB (1,064 words) - 12:53, 23 June 2023
  • review against non-final judgments or judicial acts of any nature which cannot be appealed against by any other means, and in the case of which the legal proceedings
    16 KB (2,260 words) - 19:26, 30 November 2021
  • not be used to take decisions or measures relating to the data subject, nor for other purposes. Statistical and scientific research purposes must be clearly
    6 KB (757 words) - 13:53, 16 August 2022
  • states that the processing cannot be based on Article 6(1)(e) GDPR. For this to be the case, the processing must be necessary for the performance of a
    51 KB (8,215 words) - 09:55, 13 May 2022
  • that the data cannot be rectified on the merits and that not all data subjects' rights can be exercised. They could therefore not be subject to the DSGVO
    79 KB (12,652 words) - 09:41, 10 September 2021
  • assesses whether the users who enter assessments on the site should be allowed to be anonymous externally. 2. Fact The company Legelisten.no AS (hereinafter
    144 KB (23,058 words) - 18:48, 5 March 2022
  • intended to be stored for one month, identification cannot be expected possible during the "lifetime" of the information and they should not be considered
    131 KB (14,752 words) - 08:36, 5 July 2023
  • themselves be considered to make individuals identifiable, it must be taken into account that in the present case those unique identifiers can be combined
    121 KB (13,722 words) - 15:16, 5 July 2023
  • themselves be considered make individuals identifiable, however, it must be considered that these unique identifiers in it the current case can be combined
    115 KB (12,842 words) - 08:38, 5 July 2023
  • disclosure that can be taken into account in this context is also to be assumed if personal data is posted on a platform that can be accessed from a third
    62 KB (10,113 words) - 12:48, 17 August 2022
  • must be appropriate and relevant in terms of the purposes of data processing , and must be limited to what is necessary ("data saving"); d) must be accurate
    49 KB (7,800 words) - 09:22, 5 January 2024
  • order for there to be a basis for treatment under Article 6 (1) (f) of the GDPR, three conditions must be met: First, there must be legitimate interests
    46 KB (7,024 words) - 06:18, 6 March 2022
  • measures shall be in line with the state of the art. However, this cannot guarantee that in exceptional situations they will always be effective. In addition
    13 KB (1,963 words) - 11:04, 5 January 2024
  • adequate must be substantiated. When determining the sanction in concrete terms, the following should be taken into account general criteria should be leading:
    60 KB (9,144 words) - 16:17, 22 March 2022
  • to the authorities in individual cases will be subject to inspection in 2021. The decision will therefore be sent to the Police Board and the Helsinki Police
    41 KB (6,555 words) - 08:37, 4 March 2024
  • its restriction may only be the exception. However, the rule-exception relationship would be reversed if contract data were to be transferred without any
    66 KB (9,990 words) - 12:30, 29 January 2024
  • GDPR) is also taken into account. If a second language was to be used, English would be appropriate, as long as cooperation between supervisory authorities
    19 KB (2,707 words) - 16:50, 12 December 2023
  • infringement fee shall be imposed for the illegal camera surveillance, and if a fee is to be imposed, how large the fee shall be. It appears from the case
    31 KB (5,018 words) - 18:44, 5 March 2022
  • to be processed in such a way. Regarding the accuracy principle, they argue that accuracy of data released by public bodies must be presumed to be accurate
    602 KB (102,229 words) - 14:21, 13 December 2023
  • Protection Act cannot be extended to a data subject applying for insurance. Therefore, Section 6(1)(1) of the Finnish Data Protection Act cannot be applied to the
    49 KB (7,496 words) - 14:44, 24 January 2024
  • personal data must be determined according to the purpose of the processing. When this purpose is achieved, the data must either be deleted or be subject to intermediate
    41 KB (6,558 words) - 17:09, 6 December 2023
  • remedies should be implemented in the present situation, according to national law. However, the CJEU emphasised that certain safeguards needed to be applied while
    9 KB (1,308 words) - 12:54, 28 June 2023
  • contract must be assessed in order to determine what processing is objectively necessary”. However, the DPC added that “necessity is to be determined by
    53 KB (8,413 words) - 14:10, 30 January 2023
  • resolve a complaint, or that complaints must be "upheld" or not upheld by the Commissioner. This same argument can be extended to to Articles 77 and 78. Recital
    9 KB (1,191 words) - 08:44, 23 January 2024
  • requests for damages will be handled by the General Courts. Claims of damages can also be handled by IMY. Appeals from IMY can be brought before the Administrative
    7 KB (793 words) - 14:08, 1 October 2021
  • applicant] should be declared inadmissible in his application, or at least that his application should be rejected, and that [the applicant] should be ordered to
    14 KB (2,154 words) - 16:27, 10 March 2022
  • from now on be conducted in Dutch with the parties and that in the future provisional and final decisions of the Disputes Chamber will be in Dutch. The
    8 KB (1,156 words) - 16:56, 12 December 2023
  • this copy should be a faithful reproduction the personal data, understood in a broad sense, that are subject to operations that can be classified as ‘processing
    10 KB (1,478 words) - 11:17, 2 November 2023
  • data by the operator must be regarded as processing special categories of personal data. The CJEU held that such practices must be regarded as processing
    8 KB (1,231 words) - 08:22, 6 July 2023
  • Justice. More precisely, admissibility requirements can be found below: Regarding the decision: it can be the lack of response or the notification of the CNIL's
    10 KB (1,108 words) - 09:37, 29 September 2021
  • that processing for purposes of research, artistic and literary purposes must be balances with the right to freedom of expression and the right to information
    8 KB (721 words) - 09:32, 24 April 2024
  • two suspects involved. Mr. Rynes handed over to the police the recording to be relied on in the criminal proceedings. One of the suspects questioned the
    6 KB (580 words) - 13:05, 1 June 2023
  • information about the policies and activities of the government”. Personal data can be processed for the purposes of recruitment, employment and tax purposes. Data
    10 KB (1,440 words) - 08:54, 17 January 2020
  • with the exception of Article 28-32, which still applies. Personal data may be processed under Article 6 and Article 9 for the purpose of fulfilling employment
    5 KB (582 words) - 17:53, 3 March 2020
  • provides that «In cases of particular urgency and in which the Guarantor cannot be convened in good time, the president can adopt the measures pertaining to
    14 KB (2,049 words) - 07:46, 1 August 2023
  • ePrivacy Directive is implemented with L. 3471/2006. Relevant provisions can be found in L. 3431/2006, L. 3674/2008, L. 3783/2009, L. 3917/2011 and L. 4070/2012
    10 KB (1,037 words) - 14:52, 10 July 2020
  • the payment account if the worker has not requested that the remuneration be paid in his/her own hands. Both at the stage of recruitment and for the purpose
    9 KB (1,215 words) - 16:58, 18 May 2021
  • artistic or literary expression. The provision mentions that these purposes must be proportionate to their objective and respect the essence of the rights as
    6 KB (580 words) - 23:49, 18 January 2020
  • required safeguards are implemented to ensure that the personal data can only be used for such purposes. Wet politiegegevens (the Police Data Act), regulates
    7 KB (772 words) - 14:53, 3 May 2024
  • must be taken into account. In summary, it can be stated that the European Court of Human Rights has confirmed that the following factors should be taken
    61 KB (9,876 words) - 21:38, 24 March 2024
  • fundamental rights may be applicable to the individual case and that requirements to be observed may result from this. Such requirements must be taken into account
    133 KB (21,944 words) - 15:59, 22 March 2022
  • application be interpreted. Whether other standards are to be applied if the person entitled to information considers information already provided to be incomplete
    32 KB (5,093 words) - 16:07, 11 September 2022
  • principle, the information to be provided, how it should be provided and the reporting system levels or layers that can be used. From what is expressed
    422 KB (70,184 words) - 13:56, 13 December 2023
  • consent should be given for all of them. If the data subject’s consent is to be given following a request by electronic means, the request must be clear, concise
    65 KB (9,767 words) - 16:22, 6 December 2023
  • longer than 72 hours must be proportionate and must be separately justified and documented); (c) the video surveillance would not be (appropriately) identified;
    92 KB (15,435 words) - 16:00, 22 March 2022
  • procedure is to be discontinued informally and the complainant to be informed. Late statements are not to be considered. (7) The complainant will be informed
    47 KB (7,519 words) - 09:28, 13 February 2024
  • on an order-by-order basis, which would not be appropriate from a data security perspective and would not be in line with the principle of data minimisation
    77 KB (12,352 words) - 07:20, 23 April 2024
  • must be adequate, relevant and limited to the specific purpose (letter c). The information should be correct (letter d), and they should only be stored
    49 KB (7,646 words) - 07:56, 7 March 2022
  • court on XXXX 2018. Although a repayment of 70% was to be considered comparatively high, it had to be taken into account that this claim, which had apparently
    39 KB (6,244 words) - 09:40, 10 September 2021
  • have the legal matter by cognition to be dealt with if the complaint is not to be dismissed or the proceedings are to be discontinued. According to para. 2
    158 KB (26,392 words) - 08:25, 7 June 2023
  • Senate would be bound by the statements in the judgment in such a way that the date of birth considered to be correct there would have to be adopted for
    112 KB (19,310 words) - 08:08, 23 June 2022
  • determine whether means can reasonably be expected to be used to identify the natural person, account should be taken of all objective factors, such as
    48 KB (7,926 words) - 16:56, 12 December 2023
  • of the individual would be that a judgment given in a disputed case cannot be followed by a default notice, but could only be entered if the enforcement
    43 KB (6,677 words) - 08:47, 27 January 2022
  • of the individual would be that a judgment given in a disputed case cannot be followed by a default notice, but could only be entered if the enforcement
    42 KB (6,579 words) - 08:46, 27 January 2022
  • of the individual would be that a judgment given in a disputed case cannot be followed by a default notice, but could only be entered if the enforcement
    43 KB (6,671 words) - 08:49, 27 January 2022
  • personal data that can be required to be corrected in accordance with Article 16. It would be interesting to see which positions will be taken by courts and
    26 KB (4,150 words) - 16:14, 6 December 2023
  • right to compensation to be enforceable, a number of conditions must be satisfied: the conduct alleged against the institutions must be unlawful, actual damage
    61 KB (9,971 words) - 14:28, 4 January 2024
  • order was to stay in place until it could be ensured that the files containing user personal data could only be accessed by authorized users or the data
    9 KB (1,211 words) - 20:32, 8 January 2024
  • controller had not implemented any blocking method for users who could be believed to be underage during the use of Replika, for example based on the content
    36 KB (5,598 words) - 10:15, 8 February 2023
  • basic profile in such a way that they would be persuaded to join the group of paying physicians in order not to be further disadvantaged by a less advantageous
    143 KB (24,273 words) - 15:59, 10 March 2022
  • December 2022, and should a delay in remedying that violation be permitted, data subjects would be at acute risk and in practice lack effective protection under
    99 KB (14,431 words) - 16:20, 6 December 2023
  • opinions could not be circumvented by the physician using the platform on which the statements were made with the request that no reports be made about him
    121 KB (20,412 words) - 15:58, 10 March 2022
  • number be stopped. It can be left open whether the application is already vague in view of the terms "confusing" and "incomplete" that need to be filled
    39 KB (6,362 words) - 14:01, 22 June 2023
  • must be submitted in writing or in another way and, as the case may be, in electronic form. If the data subject requests it, the information can be given
    52 KB (7,936 words) - 22:32, 2 March 2024
  • from Belgian press sites. (respectively www.lalibre.be, www.dhnet.be, www.7sur7.be, www.sudinfo.be) all dated from a The complainant's complaint of harassment
    131 KB (22,429 words) - 16:57, 12 December 2023
  • information will be contained in a device placed in a sufficiently visible and must be supplied in advance. The second layer information must be available in
    35 KB (5,475 words) - 13:21, 13 December 2023
  • according to which the data subject must be able to determine in advance which processing operations will be performed. The CNIL notes that Google has
    90 KB (14,556 words) - 17:08, 6 December 2023
  • not be It is necessary to present the vaccination schedule for the moment. Those who have not yet received the double vaccination schedule will be able
    66 KB (10,558 words) - 13:14, 13 December 2023
  • erasure or destruction. And the lawfulness of the data processing can be considered to be ensured if one of the conditions laid down in Article 6 of the General
    58 KB (9,357 words) - 10:02, 17 November 2023
  • interests to be carried out may be different for the search engine provider than for the person who publishes the Internet pages. This may be partly because
    36 KB (5,859 words) - 06:40, 6 July 2022
  • must be rejected. 213. The Litigation Chamber notes that even if the defendant's argument were to be followed, quod non, it could nevertheless be concluded
    429 KB (58,279 words) - 09:12, 2 November 2022
  • operations cannot be extended to the registered person who is an insurance applicant at the stage of applying for insurance. Registrants must be able to rely
    41 KB (6,133 words) - 10:29, 25 March 2024
  • RGPD, the processing of personal data must be governed by the following principles: "1. The personal data will be: a) treated in a lawful, loyal and transparent
    29 KB (4,482 words) - 14:06, 5 March 2024
  • and for which data that was no longer required could not be deleted, although this had to be done in accordance with the applicable data protection provisions
    36 KB (5,810 words) - 13:09, 21 January 2022
  • relationship should not be governed by a subcontract and no breach of Article 28 of the GDPR can be blamed. Their relationship does should not be framed by an agreement
    127 KB (21,484 words) - 17:01, 12 December 2023
  • each group of personal data must be necessary for the specified purposes, and must be processed only if the purpose cannot be fulfilled by other means. According
    73 KB (11,237 words) - 05:34, 21 July 2022
  • Therefore, this area should be considered a exclusive area of passage and no viewing of any sensitive area of the personnel for not be a place intended for rest
    75 KB (12,421 words) - 13:23, 13 December 2023
  • employee’s activities must be “within the field of activities assigned to the employee". The time and place at which the act occurred will be relevant, though not
    87 KB (14,773 words) - 09:28, 1 March 2022
  • its holder must be the actual user of the fuel, which may not be used in a place other than that for which it was contracted, nor may it be assigned or sold
    39 KB (6,623 words) - 14:08, 13 December 2023
  • infringements and the method for calculating the fine to be imposed on WhatsApp. Since no compromise could be found between the DPC and the concerned DPAs, on
    29 KB (4,384 words) - 16:00, 6 December 2023
  • information will be contained in a device placed in a sufficiently visible and must be provided in advance. Second layer information should be easily available
    74 KB (11,726 words) - 13:02, 13 December 2023
  • been collected and be able to exercise this right easily and at reasonable intervals in order to be aware of the processing and to be able to verify the
    48 KB (7,816 words) - 11:04, 29 July 2022
  • the proceedings since it considered the alleged breach to be sufficiently serious and to be revealing the existence of a practice likely to infringe the
    113 KB (17,325 words) - 08:50, 19 March 2024
  • routines must describe when and how credit information is to be obtained and how to access it shall be provided, and shall ensure that credit assessments are
    40 KB (5,943 words) - 18:54, 5 March 2022
  • each group of personal data must be necessary for the specified purposes, and must be processed only if the purpose cannot be fulfilled by other means. According
    60 KB (9,117 words) - 14:46, 24 January 2024
  • interested party”); An identifiable natural person shall be deemed to be any person whose identity can be determined, directly or indirectly, in particular by
    270 KB (43,335 words) - 12:39, 13 December 2023
  • decision is whether Article 22(1) of the GDPR is to be interpreted as meaning that 1 of the GDPR is to be interpreted as meaning that the automated establishment
    52 KB (8,534 words) - 12:58, 15 December 2021
  • time, cannot be considered justified at the time of review. Consequently, it must be assessed whether the information in question should be considered outdated
    26 KB (4,072 words) - 12:18, 27 March 2024
  • enforceable aspect of the decision can be suspended. The appeal against an administrative decision can only be effective if there is no pressure o the
    25 KB (3,812 words) - 10:03, 20 August 2021
  • Something that, in casu, would no longer be, nor is, possible to achieve. 52. It should also be noted that the rules must be interpreted taking into account the
    163 KB (27,222 words) - 16:54, 6 December 2023
  • considered to be responsible for the data. In relation to Interware's customers, it appears from the case that these can to some extent be said to be exposed
    24 KB (3,365 words) - 16:37, 6 December 2023
  • it also had to be taken into account that the non-pecuniary damages should not be so high that in the future no registrations will be made at all because
    27 KB (4,216 words) - 13:26, 8 January 2024
  • preventive character, and must that be taken into account in the assessment of the amount of non-material damage to be compensated at the expense of the
    14 KB (1,916 words) - 16:03, 2 February 2024
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