Search results

GDPR (Article 3)’, 12 November 2019 (Version 2.1), p. 6-7 (available here). EDPB, ‘Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)’, 12

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

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

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

decisions adopted pursuant to paragraph 3 of this Article and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC. 5. The Commission shall, where

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

processing (Article 36(3)(c) GDPR); the contact details of the Data Protection Officer (DPO) (Article 36(3)(d) GDPR); a copy of the DPIA (Article 36(3)(e) GDPR)

processed. 3. Adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may

Category:Article 33 GDPR There was no equivalent to Article 33 GDPR under the Data Protection Directive 95/46/EC. Indeed, Article 17 of the Directive only

Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each

Laundering Directive and the Europol Regulation. Noting that a broader reading of Article 98 GDPR is supported by the wording of Article 2(3) GDPR, which

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

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

those answers prove to be inaccurate, within the meaning of Article 6(1)(d) of Directive 95/46, for example due to the fact that, by mistake, the examination

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

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

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

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

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

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

withdraw consent under Article 7(3), object under Article 21 GDPR or if the processing is in fact compliant with the principles of Article 5(1) GDPR. Simply

policy under Article 13 should not be too long. Article 12 GDPR may be limited by Union or national Law in accordance with Article 23 GDPR. Article 12(1) GDPR

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

(e.g. Article 25 (1) and (2), Article 28(1), Article 32(1) GDPR, Article 89(1) GDPR). These measures can also be regarded as measures under Article 24(1)

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

point, it is important to note that Article 13(1)(f) GDPR, Article 14(1)(f) GDPR, Article 15(1)(c) GDPR and Article 15(2) GDPR, make specific reference

the relevance of Article 29 GDPR were rooted in the fact that Article 28(3)(b) GDPR already seems to cover much of the scope of Article 29 GDPR. More specifically

practices published under Article 70(3) GDPR. Though Article 70(3) GDPR already obliges the EDPB to make these public, Article 71(2) GDPR ensures that the

the processing prohibition in Article 58 (2) (f) of the GDPR. Article 58 of the GDPR replaced Article 28(3) of Directive 95/46/EC on the protection of individuals

see commentary to Article 51(3) GDPR bellow. Article 8(3) of the Charter of Fundamental Rights of the European Union ("CFR") and Article 16(2) of the Treaty

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

Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each

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

Buchner, DS-GVO BDSG, Article 59 GDPR, margin number 7 (C.H. Beck 2020, 3rd Edition). See Ziebarth, in Sydow, Marsch, DS-GVO/BDSG, Article 59 GDPR, margin numbers

information society service(s)." According to Article 4(25) GDPR, which in turn refers to Article 1(1) of Directive (EU) 2015/1535, an "information society service"

ECJ on household exceptions under the GDPR (Article 3(2) Directive 95/46/EC), which corresponds to Article 2(2)(c) GDPR. While the Austrian legislator

and (3) GDPR), inform him or her about the measures taken (Article 12(3) and (4) GDPR), the right to receive this service free of charge (Article 12(5)

Category:Article 37 GDPR The notion of appointing a DPO has its roots in Article 18(2) of the Data Protection Directive 1995 (Directive 95/46/EC) (DPD)

assessment should not be mandatory. Article 22 GDPR has its roots in Articles 12a and 15 of the 95/46/EC Data Protection Directive (DPD). One of the main differences

procedure under Article 65(3)(2) GDPR could also be applied to decisions made by the EDPB. The procedural regulations in Article 65(3)(2) GDPR establish

with Article 13, Article 14 GDPR gives expression to the principle of transparency enshrined in Article 5(1)(a) GDPR and further defined in Article 12 GDPR

to in Article 46(2)(d) GDPR, contractual clauses referred to in Article 46(3)(a) GDPR, or binding corporate rules within the meaning of Article 47 GDPR

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

that process them. This was already the case under Article 8(7) of the DPD, the precursor of Article 87 GDPR. In many Member States, the processing of NIN

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

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

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

approach in regards to the EDPB. Article 42 of the Charter of Fundamental Rights of the European Union ("CFR") and Article 15(3) Treaty on the Functioning of

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

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