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accepted as a legitimate interest for processing, they noted that the Recital 38 GDPR emphasised that the personal data of children should be given special

Article 31 of the GDPR demonstrated. 87. Regarding Articles 37 and 38 GDPR, the defendant does not require to be based of Article 37.1 GDPR to have to be a

GDPR. Recital 71 sentence 1 GDPR. Recital 71 sentence 1 GDPR. Recital 28 sentence 1 GDPR, such as Hansen, in Simitis, Hornung, Spieker, Datenschutzrecht

(available here). See, Article 38(4) GDPR. For more information in that respect, see Commentary on Article 37 GDPR to Article 39 GDPR). If a DPO is indeed designated

BDSG, Article 6 GDPR, margin number 20 (C.H. Beck 2020). Recital 32 sentence 1 GDPR. Recital 32 sentence 2 GDPR. Recital 32 sentence 3 GDPR. CJEU, C‑673/17

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 legal

of Articles 13 or 14 GDPR and Article 15(1) GDPR often overlaps, the controller has a different obligation under Article 15 GDPR to include the ex-post

Article 83(8) GDPR corresponds in this respect to Recital 148 sentence 4 GDPR. Nemitz, in Ehmann,Selmayr, Datenschutz-Grundverordnung, Article 83 GDPR, margin

Article 25 GDPR or Article 32 GDPR. This provision assigns a proactive role to the controller who has to ensure compliance with the GDPR at all stages

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 on the

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 Articles

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

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

22(2)(c) GDPR. Finally, decisions based on explicit consent are also subjected to the safeguards laid down in Article 22(3) GDPR. Article 22(3) GDPR lays down

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

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

Data Protection Regulation (GDPR): A Commentary, Article 55 GDPR, page 909 (Oxford University Press 2020). See Recital 20 GDPR and CJEU, in C-245/20 - Autoriteit

the validity, formation or effect of a contract in relation to a child. Recital 38: Protection for Children Children merit specific protection with regard

Regulation (GDPR), Article 7 GDPR, p. 350 (Oxford University Press 2020). Heckmann, Paschke, in Ehmann, Selmayr, Datenschutz-Grundverordnung, Article 7 GDPR, margin

(Article 12(1) GDPR), facilitate the data subject (Article 12(2) GDPR), respond and communicate the measures taken (Article 12(3) and (4) GDPR), the principle

Article 82 GDPR – like almost all provisions of the GDPR – is directly applicable in all Member States without any act of implementation. Article 82 GDPR leaves

(Article 12 GDPR), information (Articles 13 and 14 GDPR), access (Article 15 GDPR), rectification (Article 16 GDPR), erasure (Article 17 GDPR), restriction

Article 72 GDPR regulates the Board's voting procedure. Generally, the GDPR grants the EDPB a high degree of autonomy. In particular, Article 72(2) GDPR entitles

provisions of the GDPR require the controller to keep track of individual recipients. For example, Article 15(1)(c) GDPR and Article 19 GDPR require the disclosure

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

in Category:Article 2 GDPR Bäcker, in Wolff, Brink, BeckOK Datenschutzrecht, Article 2 GDPR, margin number 2 (C.H. Beck 2021, 38th edition) or Kühling/Raab

large-scale, or involve processing of data under Article 9 GDPR or Article 10 GDPR. Recital 97 GDPR clarifies that the core activities of a controller are

personal data as well (see Recital 163 GDPR). Tosoni in Kuner et al., The EU General Data Protection Regulation (GDPR), Article 98 GDPR, p. 1315 (Oxford University

the 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

under the GDPR. → You can find all related decisions in Category:Article 94 GDPR Kühling, Raab, in Kühling, Buchner, GVO BDSG, Article 94 GDPR, margin numbers

outlined under other Articles of the GDPR, namely in Articles 51, 52 and 53 GDPR. The second objective, under Article 54(2) GDPR, seeks to regulate the confidentiality

purposes outlined in Article 23(1)(a) to (j) GDPR (e.g. national and public security) as well as Recital 73 GDPR (e.g. protection of human life). In any case

natural persons”. The GDPR does not define what constitutes a “risk to the rights and freedoms of natural persons”. Recital 75 GDPR only outlines potential

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

of the most innovative elements in the GDPR related to the accountability principle (see Articles 5(2) and 24 GDPR). This provision regulates the cases in

catalogue of penalties in Article 83 GDPR. National legislators may add provisions to fill these gaps. Under Recital 152 GDPR, these provisions may either be

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

Article 45(5) GDPR (revocation, change of such determinations); Articles 46(2)(c) and (d) GDPR (standard protection clauses); Article 47(3) GDPR (formats and

compliance with the GDPR. Article 28(3)(h) GDPR enables such a task in case processors are used. According to Article 28(3)(h) GDPR, the processor should

out data relating to deceased persons, this Recital confirms Recital 27 GDPR, according to which the GDPR “does not apply to the personal data of deceased

You can find all related decisions in Category:Article 36 GDPR Recital 89 GDPR. Article 36 GDPR must therefore be read as one   element within a wider framework

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

Article 79 GDPR, margin number 14 (rdb.at 2018). Jahnel in Jahnel, DSGVO, Article 79 GDPR, margin number 29 (Jan Sramek 2021). See Recital 141 GDPR. Moos,

consideration when the GDPR was drafted. There is consequently no need to 'balance' the GDPR against other rights for a second time, as the GDPR is already the

57 GDPR should be deemed inadmissible for the purposes of Article 31 GDPR. Article 31 GDPR can be read as a supporting provision to Article 58 GDPR. In

Article 14 GDPR gives expression to the principle of transparency enshrined in Article 5(1)(a) GDPR and further defined in Article 12 GDPR. While Article

Berlin. If their behaviour is monitored by an app, the GDPR applies. In light of Recital 14 GDPR and the EDPB guidelines, the targeting criterion covers

Protection Regulation (GDPR): A Commentary, Article 27 GDPR, pp. 595-596 (Oxford University Press 2020). Recital 80 sentence 5 GDPR. Ziebarth, in Sydow,

(Articles 55-59 GDPR). The GDPR provides for exceptions from provisions entailed in Chapter VI (independent supervisory authorities). Article 85(2) GDPR mandates

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 is

in other parts of the GDPR. To begin with, Recital 141 GDPR clarifies that an SA must “act on a complaint”. Article 57(1)(f) GDPR, in turns, establishes

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 cross-border

Articles 13 or 14 GDPR. This can be drawn from the final sentence of Article 11(1) GDPR. It must be assessed with the utmost attention whether GDPR provisions

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

interpreted Recital 144 GDPR to have limited the scope of Article 81 GDPR, as applying only to proceedings instigated under Article 78 GDPR. The first sentence

the scope of the LED from the scope of the GDPR. Article 10 GDPR is intended to extend the protection of the GDPR to the processing of certain criminal data

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

provisions of the GDPR. This decision refers to the Administrative cooperation between SAs (covering cooperation under Articles 56, 60, 61 and 62 GDPR) and the

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

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. In these cases

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 its

Category:Article 86 GDPR At para. 120 Kranenborg, in Kuner et al., The EU General Data Protection Regulation (GDPR), Article 86 GDPR, p. 1216 (Oxford University

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

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, across

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 Regulation's entry into force

provisions under Article 75(3) GDPR. The employees of the Board's secretariat only report to the Chair (Recital 140 GDPR). In this respect, they are therefore

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

authority. Article 61(1) GDPR regulates how independent authorities are to cooperate to enable the uniform application of the GDPR. Supervisory authorities

true also under Article 91 GDPR”. See, Tosoni, in Kuner et al., The EU General Data Protection Regulation (GDPR), Article 91 GDPR, p. 1263 (Oxford University

5(1)(d) GDPR gives the controller some leeway to continue processing inaccurate data - see more details under Article 5(1)(d) GDPR. Article 16 GDPR, titled

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 concrete

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

60, 63, 64 and 65 GDPR) immediately adopt provisional measures intended to produce legal effects on its own territory. Article 66 GDPR creates strict conditions

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

application of Article 65(1)(a) GDPR, (13 April 2021), margin number 57 (available here). See also Recital 143 GDPR. See Article 78(2) GDPR. Hijmans, in Kuner et

sors_en Recital 121 GDPR. Hijmans, in Kuner, Bygrave, Docksey, The EU General Data Protection Regulation (GDPR): A Commentary, Article 53 GDPR, p. 888

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 forth

exclusion of Article 82 GDPR is confirmed by the last sentence of Recital 142 GDPR. In addition, Article 80(2) GDPR does not permit Member States to allow NPOs

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, and

prevention (Article 23(1)(a-j) GDPR) allow for far fewer GDPR restrictions than those granted by freedom of expression. Article 85(2) GDPR poses one condition for

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 make any

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

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 is also

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

in Category:Article 74 GDPR For more on this point, see Article 72 GDPR. Dix in Kühling, Buchner, DS-GVO BDSG, Article 74 GDPR, margin number 7 (C.H. Beck

76 GDPR, margin number 1 (C.H. Beck 2020, 3rd edition). Docksey, in Kuner et al., The EU General Data Protection Regulation (GDPR), Article 76 GDPR, p

purpose (Article 52(4)(5)(6) GDPR). Elements of SAs' complete independence are also addressed in Article 53 GDPR and Article 54 GDPR. The CJEU in the Case of

differences between portability and access under Article 15(3) GDPR. According to Recital 68, the data should be available in an "interoperable format"

Category:Article 45 GDPR Kuner, in Kuner, Bygrave, Docksey, The EU General Data Protection Regulation (GDPR): A Commentary, Article 45 GDPR, p. 774 (Oxford

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, the applicant

Article 19 GDPR therefore requires controllers, subject to certain exceptions, to communicate their exercise to recipients under Article 4(9) GDPR. The first

mentioned in Recital 167 GDPR and Article 291 TFEU, the aim of implementing acts is to “ensure uniform conditions for implementing” the GDPR. In its GDPR Certification

encompasses other obligations of controllers under the GDPR. EDPB: This extends to various obligations under the GDPR, including but not limited to the implementation

majority principle under Article 72(1) GDPR would have applied regardless of Article 73(1) GDPR. In addition, the GDPR explicitly legislates for a simple majority

Article 51 of the GDPR. 17. By Article 57(1) of the GDPR, it is the Commissioner's task to monitor and enforce the application of the GDPR. 18. By Article

of the European Union ("TFEU"), within the scope of the GDPR. The function of Article 92 GDPR is to lay down conditions for the delegation of power as

of the GDPR enforcement across the Member States. → You can find all related decisions in Category:Article 64 GDPR Caspar in Kühling, Buchner, GDPR Article

Category:Article 47 GDPR Kuner, in Kuner, Bygrave, Docksey, The EU General Data Protection Regulation (GDPR) Update of Selected Articles, Article 68 GDPR, p. 194 (Oxford

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

when passing the GDPR. In fact, all but one EU Member State (who has sought higher protections) have voted in favor the GDPR. The GDPR is not just consisting

progress. Fill in the name used for the recital if you use it so we can ensure a somewhat streamlined practice. Recital 1: The protection of natural persons

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 Commission

enforcement of the GDPR. → You can find all related decisions in Category:Article 59 GDPR Selmayr, in Ehmann, Selmayr, DS-GVO Kommentar, Article 59 GDPR, margin number

undefined in the GDPR. “Expertise” is only referred to again under Article 41(2)(a) GDPR, although briefly. Additionally, Article 41(1) GDPR specifies that

to in the first sentence of recital 63 GDPR. Neither the wording of Article 12(5) GDPR nor that of Article 15(1) and (3) GDPR condition the provision (to

data under Article 4(1) GDPR, especially because they allow to single out a data subject within the meaning of recital 26 of the GDPR. It is sufficient that

of articles 38.1, 38.3, 39.1 a) and 39.1 b) of the GDPR; - to issue an injunction against Company A to comply with Article 38.1 of the GDPR, within four

understood as made to the GDPR, in accordance with article 94 of the last. Likewise, it is apparent from recital 173 of the GDPR that this text explicitly

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

of Chapter V GDPR. The complaint was transferred to the Swedish DPA in its quality of lead supervisory authority pursuant to Article 56 GDPR. Following the

personal data, which resulted in a conflict of interest in breach of Article 38(6) GDPR. The data subject filed complaint regarding a violation to their right

decision date 05/17/2022 standard AVG §38 B-VG Art133 Para.4 DSG §24 GDPR Art12 GDPR Art15 DSGVO Art15 Abs1 litc GDPR Art77 VwGVG §17 saying W214 2233132-1/13E

DSGVO and Art. 38 BayDSG, Recital 153 of the DSGVO continues to refer to this requirement, so that - when interpreting the law, the recitals do not have an

an access request under Article 15(1) GDPR. According to Recital 63 GDPR, the right of access under Article 15 GDPR serves data subjects to be informed about

accordance with Article 38.3 of the AVG Findings of the Inspectorate 316. The Inspection Service finds that BSCA nv, contrary to what Article 38.3 of the AVG prescribes

37.7 GDPR in connection with the designation of the data protection officer. 4) Breach of Articles 38.2 and 38.3 GDPR and no breach of Article 38.6 GDPR:

meaning of the GDPR, and such processing of personal data did not fall within the scope of the "household exemption". Therefore, the GDPR applied in full

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. The customer

norm addressee of Chapter V GDPR. The bB be directly responsible for BF2, which violated Art. 44 ff GDPR. Regarding The GDPR is applicable to the processing

DSGVO and Art. 38 BayDSG, Recital 153 of the DSGVO continues to refer to this requirement, so that - when interpreting the law, the recitals do not have an

institutions, the child's best interests must be a primary consideration'; - recital 38 of the Regulation, according to which children deserve specific protection

right to information according to Art 15 GDPR, especially since it can be derived from recitals 9 and 10 of the GDPR that the European legislator is reducing

of articles 37.7, 38.1, 38.3 and 39.1.b) of the GDPR; - to issue an injunction against Company A to comply with Article 38.3 of the GDPR within four months

6.1.f) GDPR) and in this balancing the considerations of the GDPR related to Art. 6.1.f) GDPR eligible [...] be taken, in particular Recital 47. Thus

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 only to

processing of personal data is carried out in accordance with the GDPR. In doing so, the GDPR requires, among other things, that the nature and scope of the

regarding Articles 5(1)(b) GDPR and 5(1)(e) GDPR and held that national courts had to determine, using the factors of Article 6(4) GDPR, whether further processing

10 complainant (article 6.1 a) of the GDPR combined with article 7 of the GDPR), (2) article 6.1 c) of the GDPR in that the publication results on the

10 of the GDPR, but concerns children, who require specific protection with regard to personal data (recital 38 and Article 6(1)(f) of the GDPR). vii. the

reprimand concerning the requirements for consent as required by Article 6(1)(a) GDPR. Datatilsynet examined a complaint regarding the processing of personal data

Articles 37.7, 38.1, 38.2 and 39.1 b) of the GDPR; - to issue an injunction against the public establishment compliance with Article 38.2 of the GDPR within six

e) of the GDPR). 8.1.4. As for breaches of Articles 5.2. and 24 of the GDPR 88. Article 24.1 of the GDPR which covers Chapter IV of the GDPR devoted to

all the persona data mentioned by virtue of Article 15(1) GDPR, in the lights of Recital (63) GDPR. Thus, the authority ruled that the lack of a complete

and GDPR. These issues are not discussed here. The question for the DPA to decide was whether Article 12(1) GDPR in conjunction with Article 15 GDPR requires

243. In order to strengthen the enforcement of the rules of the GDPR, recital 148 GDPR clarifies that penalties, including administrative fines, should

situation is warranted. In this respect, Recital 137 GDPR states 65 66See Article 77 GDPR. See Recital 137 GDPR. 28that an urgent need to act in order to

of Chapter V GDPR. The complaint was transferred to the Swedish DPA in its quality of lead supervisory authority pursuant to Article 56 GDPR. Following the

such data. 2 Recital 3. 3 Recital 5. 3 b. the rapid technological developments which have occurred during a period of globalisation.4 As Recital (6) explains:

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

of the GDPR according to Art. 99 Para. 2 GDPR as of May 25, 2018 follows from Art. 79 Para. 2 Sentence 1 GDPR in conjunction with recital 22 GDPR as well

The appointment of such a representative shall not 38 THE EU GENERAL DATA PROTECTION REGULATION (GDPR), A Commentary, Edited by Kuner, Bygrave and Docksey

violations of the provisions of the GDPR. It should be borne in mind here that recital 146 sentence 3 of the GDPR requires a broad interpretation in order

Article 16 sentence 1 GDPR is the legal basis for a request for rectification, even if the request has been submitted before the GDPR entered into force:

Data, https://wetten.overheid.nl/BWBR0033572/2013-03-01. 47See also recital 75 of the GDPR. 12/41Date Unidentified May 31, 2021 [CONFIDENTIAL] processing infringes

Protection Officer (Article 38.6 GDPR) and the insufficient involvement of the Data Protection Officer (Article 38.1 GDPR). On the procedural aspects of

[The equivalent GDPR Article to Article 48(3)(a) EU GDPR is Article 46(3)(a) GDPR, and Article 50(1)(d) EU GDPR is Article 49(1)(d) GDPR.] Share blogs or

5(1)(b) and (e), 9(2)(j), 89(1) GDPR and Section 7(1)(1) and (2)(1) GDPR. In particular, it follows from Article 9(2)(j) GDPR that the processing of data relating

Article 5(1)(c) GDPR. The Finish DPA further ordered the controller to bring its processing activities into compliance under Article 58(2)(d) GDPR. The controller

5(1)(f) GDPR, Article 5(1)(a) GDPR, Article 5(2) GDPR, Article 12 GDPR, Article 13 GDPR, Article 14 GDPR, Article 24(1) GDPR, and Article 25 GDPR, as a result

5(1)(a) GDPR? Is the information relating to personal data processing operations easily accessible within the meaning of Articles 12 and 13 GDPR? Is the

to Article 13 (1) of the GDPR of what is written in paragraph Recital (39) of the GDPR and Article 5 (1) point a) of the GDPR stipulate that the information

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 the

from its database. The litigation chamber concluded to a violation of the GDPR considering that: - the controller did not stop the sending of direct marketing

outside the material scope of the GDPR. Also, with regards to the definition of personal data from Article 4(1) GDPR, the DPA did not reach a firm conclusion

prohibition of processing sensitive data under Article 9(2)? Were there any other GDPR violations incurred by the processing? The DPA held that there was no lawful

under Article 5(1)(a) and Article 5(2) GDPR respectively]. The Spanish DPA even made reference to Recital 40 GDPR on the legality of processing. The Spanish

Data Protection Regulation - GDPR). The defendant has a right of refusal under Art. 12 Para. 5 Sentence 2 Letter b) GDPR to. The provision only lists the

provided for in Infotv. Pursuant to Section 38 (3) (b), within the scope of its responsibilities under Section 38 (2) and (2a) as defined in this Act, in particular

view to vigorous enforcement of the rules of the GDPR. After all, as is clear from Recital 148 GDPR, the GDPR puts first and foremost that with every serious

However, the DPA concluded that the controller did not violate Article 15(2) GDPR by asking for more information to identify the data subject when the data

own security protocols. This therefore breached Article 5(1)(f) GDPR and Article 32 GDPR. The initial sanction for infringing Article 5(1)(f) was a fine

found that customers’ order data is health data and fall within Article 9(1) GDPR. Amazon does not collect health data stricto sensu but it can draw conclusions

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

Articles 6, 7 and 12 of the GDPR. In the contested decision, the Belgian DPA found the infringement of Article 6, 7, 12, 13 and 24 GDPR sufficiently proven. In

and rights they may have in relation to the processing of personal data (recital 38 of the TYROM). Member States of the European Union have the additional

standard B-VG Art 133 Paragraph 4 DSG §24 DSG §4 GDPR Art 12 GDPR Art 15 GDPR Art 15 Paragraph 1 litc GDPR Art77 UWG §26b paragraph 1 B-VG Art. 133 today

understood. Article 15 of the GDPR belongs to Chapter III of the GDPR, entitled "The rights of the data subject". Recital 11 in the preamble states that

1, art. 25 sec. 1, art. 32 sec. 1 lit. b. and lit. d, art. 32 sec. 2, art. 38 sec. 1, art. 39 sec. 1 lit. b and art. 39 sec. 2, art. 30 sec. 1 lit. d, as

following fines: - €5,000 for the violation of Article 38(6) GDPR; - €8,000 for the violation of Article 13 GDPR; - €1,000 for the violation of Article 22(2) LSSI

of access under Article 15 GDPR? By denying the complainant access, did the respondent infringe Articles 12(1) or 12(2) GDPR? The NAIH that the complainant's

under Article 6(1) GDPR. In light of this, the DPA issued a fine of €70,000 to másLUZ Energía (SIE) by virtue of Article 83(5) GDPR for unlawful processing

constitute a violation of the GDPR? The AEPD held that the email constituted a confidentiality breach and violated Article 32 GDPR, as the law firm had failed

article 84.3 of the LGT, and the offenses typified in articles 38.3 c), d) and i) and 38.4 d), g) and h) of Law 34/2002, of July 11, on services of the

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

(Article 37 GDPR) and the position of the official for data protection (Article 38 GDPR); • compliance with the obligation to cooperate (Article 31 GDPR and Article

same applies to the right to erasure under Article 17 of the GDPR. Recital 63 of the GDPR also supports this view. It shows that the legislator wants to

article 84.3 of the LGT, and the offenses typified in articles 38.3 c), d) and i) and 38.4 d), g) and h) of Law 34/2002, of July 11, on services of the

principle enclosed in Article 5(1)(b) GDPR. On this matter, the AEPD argued that, according to Article 5(1)(a) GDPR, Recital 39 and Article 6(1)(f), an interest

constitutes personal data according with Article 4(1) GDPR therefore its processing falls within the scope of GDPR. The DPA also analysed whether the controller

as “anonymisation”. Recital 26 of the GDPR clarifies that anonymous information does not fall within the scope of the GDPR. The GDPR does not explicitly

time, which is a violation of the GDPR. As to the claim for damages, the CoS notes that though Article 82(1) of the GDPR states that full compensation for

whether Art. 15 GDPR applies to the investigation files at all, since according to Art. 2 Para. 2 d GDPR, Section 2a Para. 4 AO, the GDPR does not apply

which it is up to him to implement (article5.1.a) of the GDPR - explained in recital 39 of the GDPR). Different consequencesarising from one or the other

understood as references to the GDPR, in accordance with Article 94 of the latter. 34. Similarly, it follows from recital 173 of the GDPR that this text explicitly

transparency), Article 12(1), Article 7, Article 13 and Article 14 GDPR, the corresponding GDPR recitals (32, 39, 42, 47, 58, 60, 61, and 72), as well are Articles

the principles of Article 5 GDPR is not cured by the existence of a legitimate purpose and legal basis (cf. GDPR 38/2004, GDPR 43/2019). In addition, the

Article 6 GDPR. The DPA established that notwithstanding that the controller has a legal basis for processing, processing is still in breach of the GDPR when

understood as made to the GDPR , in accordance with Article 94 of the latter. Similarly, it appears from recital 173 of the GDPR that this text explicitly

ones processing. Decision on the merits 07/2021 - 14/25 10 recital 50 GDPR. Recital 50 of the GDPR states that this is a separate legal basis required for

violation of Article 12 GDPR ? Are the following practices an infringement on data subjects' information right as described in Article 12 GDPR ? Spreading the

and C”. 57See in particular Articles 5.1.a) and 12 of the GDPR, see also recital (39) of the GDPR. 58cf. points 11 and 12 of this decision. 59“Objective 2

protection of Art. 82 GDPR does not cover violations of Art. 13, 14, 15, 24, 25 and Art. 34 GDPR. In addition, there is no breach of the GDPR by the defendant

of the concept of personal data Article 4, 1) of the GDPR, as explained in Recital 26 of the GDPR, Opinion 4/2007 of the Decision on the merits 71/2020

controller for the purposes of Article 4(7) GDPR, and Company A was the processor for the purposes of Article 4(8) GDPR. The DPA found that both Companies A and

pages 38 to 82), in short, that:1. The CNPD cannot be considered as a national control authority under theterms of article 51, paragraph 1 of the GDPR, as

4 No. 1 GDPR. The query of this date in the order form on the plaintiff's homepage is also a processing operation within the meaning of the GDPR. Because

of Art. 9 GDPR do not apply because the plaintiff did not seek to process that kind of data. The legality is thus determined by Art. 6 GDPR. In the absence

Articles 6.1.C and 9.2.i) of the GDPR. 86. In accordance with Article 6.3 of the GDPR, read in the light of recital 41 of the GDPR, the processing of 26 personal

time limit for lodging an appeal (cf. § 90.1, 2 and § 93 of the BVerfGG). 38 The complainant is also entitled to lodge a complaint. He complains of an

the ePrivacy Directive and Articles 6(1)(a) and 7 GDPR, in the lights of Article 4(11) and Recital 32 GDPR. Following this report, the GBA issued a decision

the GDPR also applied to facts before the above-mentioned date. The Court noted that the entry-into-force of the GDPR according to Article 99 GDPR represents

controller/employer, the free of the worker's consent can be questioned (Recital 43 of the GDGR and opinion of the Group of Article 29" on data protection

para. of the GDPR, the law or regulation that constitutes the legal basis referred to in letters c) and e) of co. 1 of art. 6 of the GDPR, could contain

deal with them, however, the ECtHR pointed out that the mere fact that Page 38 38any information available to the public does not necessarily exclude it from

account". 81. The restricted formation recalls that, according to recital 38 of the GDPR, "children deserve specific protection with regard to their personal

15(1)(h) GDPR is not limited to cases of Article 22 GDPR but also applies in other cases of purely automated processing, as Article 15(1)(h) GDPR uses the

review under Article 78 GDPR. The disputed infringement occurred before the GDPR came into legal force according to Article 99 GDPR. Therefore, the data subject's

17 of the AVG) are included below. Recital 59 of the GDPR further clarifies the standard in Article 12 of the GDPR: Arrangements should be made available

Article 83.4.a of the GDPR. Assessing the circumstances modifying liability, both adverse and favourable, contemplated in article 83.2 GDPR, the AEPD established

paragraph 1 GDPR and Article 25 (1) GDPR 84. Based on Article 12(1) GDPR, Article 13(1) and (2) GDPR and Article 14(1) and paragraph 2 of the GDPR, it is necessary

member states is superimposed (see Recital 146 S 4 and 5 on the GDPR; cf. also Frenzel in Paal / Pauly, GDPR-BDSG3 Art 82 GDPR margin no.1; Wybitul / Haß / Albrecht

effectiveness of the GDPR. Third, the CJEU looked at the context of Article 38(3) GDPR and noted that, according to Article 39(1)(b) GDPR, the task of the

personal data, in breach of Article 32(1)(b) GDPR and Article 32(2) GDPR. The DPA emphasised, referring to recital 38, that children need specific protection

(Article 32 GDPR); the DPO of the hospital was not directly reporting to the highest management level of within the organization (Article 38(3) GDPR). The Belgian

children's personal data (requiring special protection, as mentioned in recital 38 of Regulation 2016/679). It should also be noted that at no stage of [

consent under Article 8 GDPR also apply? Did the defendant, as the controller, fail to adhere to the data transparency (Article 5(1)(a) GDPR) and the data minimisation

Article 23 GDPR. Restrictions on the right to information under Art. 15 GDPR result in particular from the express provision in Art. 15 (4) GDPR that the

not compliant with Article 13 GDPR. The CNPD held that the controller infringed Article 5(1)(c) GDPR and Article 13 GDPR and decided to: - impose an administrative

fairness and transparency under Article 5(1)(a) GDPR, and the principle of accountability under Article 5(2) GDPR. Additionally, the HDPA held that the employer’s

AEPD concluded that the defendant could have breached Article 13 GDPR, Article 7 GDPR and Article 22(2) LSSI: there was no identification of the data controller

with article 24 GDPR. They are contained in article 25 of the AVG mentioned above and are explained in more detail in recital 78 GDPR. The defendant therefore

Infotv. Section 38 (3) and Section 60 (1) pursuant to the Authority’s Infotv. Personal data within the scope of its duties under Section 38 (2) and (2a) ex

profile of this person (35 to 37). justification point). 11 Recital 85. 12 Recital 87. 13 Recital 93. 14 In the judgment, the CJEU addressed issues concerning

95/46/EC (hereinafter: general data protection regulation or GDPR), and Article 6 (1) of the GDPR. 2. The Authority finds that Customer 1 violated the principle

July 2021. 7GDPR, Art. 12. 8 GDPR, Art. 12.2 and 12.3. 9GDPR, Art. 12.3. 1 GDPR, Art. 12.3. 1 GDPR, Art. 12.4. Decision 158/2022 - 6/13 26. Secondly, it

article 12, second paragraph, of the GDPR. 78. Recital 59 of the GDPR further clarifies the standard in Article 12 of the GDPR: “There should be arrangements

and (2) GDPR and Article 14(1) and (2) GDPR, Article 5(2) GDPR, Article 24(1) GDPR and Article 25(1) of the GDPR; and c. a violation of Article 38(1) and

of the personal data to be disclosed under Article 15 (1) GDPR, Article 15 (3) sentence 1 GDPR applies to this effect to be interpreted that due to the

of Article 38.3 of the GDPR, but no infringement on Article 38. 1, 38.2 and 38.6 of the GDPR and no infringement of Article 39 of the GDPR. 5. On February

violation of Article 5(1)(c) GDPR, and the controller had no legal basis for the processing as required by Article 6 GDPR. As a result of the violations

in Article 25 GDPR. Additionally, the AEPD concluded that the controller had violated Article 5(1)(f) GDPR, noting that although the GDPR does not demand

that therefore the exemption under Article 2(2)(c) GDPR applied. Article 2(2)(c) GDPR states that the GDPR will not apply if the data is processed in the course

in later cases): The GDPR was enacted on the basis of Article 16 TFEU in particular (see the preamble and recital 12 of the GDPR). However, the wording

morespecifically the articulation between article 15.4 of the GDPR and recital 63 of the GDPR, as well asbalancing the right to access and obtain data against

pursuant to Article 12 (4) of the GDPR, hence the Customer’s request for access did not meet the requirements of the GDPR. III.1.2. The Customer's request

considers that, in accordance with the provisions of recital 63 of the GDPR and Article 15(4) of the GDPR, it is not obliged to respond to them if it would

website, Ms. A.A.A., herein the data controller, violated Article 6 GDPR and Article 13 GDPR, as well as Article 22.2 LSSI (Spanish national law). The data

77 GDPR equals the right to claim a full substantive investigation and a full substantive assessment by the supervisory authority? Article 57 GDPR provides

interpretation of the GDPR. Second, the court argued with the drafting history of the GDPR which connects Article 15(3) GDPR to Article 20(1) GDPR, showing that

and (2) GDPR o Articles 5(1)(a) and 6 GDPR, o Articles 17 of the GDPR, Article 24(1) of the GDPR and Article 25(1) of the GDPR; and o Articles 38(1) and

accordance with the GDPR (Art. 24(1) GDPR), that data protection principles such as data minimisation are effectively implemented (Art. 25(1) GDPR) and that a

committee fall under national security as defined by Recital 16 GDPR, therefore, making Article 2(2)(a) GDPR applicable? 3) If question 2 is answered in the

equivalence and effectiveness (see Manfredi judgment, paragraph 64). However, recital 146 in the preamble to the AVG must be taken into account when exercising

accordance with Article 4(1) GDPR, according to the DPA. The Court of Appeal of Brussels held that, in accordance with Article 16 GDPR, the data subject has the

article 4.1 of the GDPR, are a Personal data and its protection, therefore, is the subject of said Regulation. In the article 4.2 of the GDPR defines the concept

Art. 6 Para. 3 GDPR sets out the content requirements for an appropriate legal basis, which in connection with Recital 41 of the GDPR should be clear

5(1)(f) GDPR and a fine of €100,000 for the violation of Article 37 GDPR. The DPA issued a reprimand for the violations of Article 5(1)(e) GDPR and Article

Based on Article 2 (1) of the GDPR, the GDPR must be applied to the data processing in this case. (31) Recital (47) GDPR: The data controller - including

2 of the GDPR, Article 24.1 of the GDPR, Article 25.1 of the GDPR and Articles 32.1 and 32.2 GDPR; 2. Articles 35.1, 35.2, 35.3 and 35.7 GDPR; and 3. Article

grounds for processing according to Art 6 Para 1 GDPR (see Art 6 Para 1 lit a GDPR; as well as recital 43 GDPR). Only one (valid) consent is subsequently one