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under Article 15(1) and (2) GDPR. This is not accurate. Article 15(4) only refers to the right to obtain a copy in Article 15(3) GDPR. Article 15(4) GDPR

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 integrating

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

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

(EDPB), "[t]his wording is identical to that found in Recital 19 of Directive 95/46/EC, to which reference has been made in several CJEU rulings broadening

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

the functioning of decisions adopted on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC. In its adequacy decisions, the Commission should

initiatives based on Article 36(4), it is still disputed whether the outcome of the procedure rather resembles that of Article 58(3)(a) GDPR or Article 58(3)(b) GDPR

approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by 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

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

DS-GVO, Article 69 GDPR, margin numbers 4-6 (C.H. C.H. Beck 2019, 35th edition) Dix in Kühling, Buchner, DS-GVO BDSG, Article 69 GDPR, margin number 4 (C.H

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

providers (see Article 2(4) GDPR); the Directive on the Re-use of Public Sector Information (Directive 2003/98/EC amended by Directive 2013/37/EU) regarding

provided for in paragraphs 2 and 3 of article 3 of this regulation.10. Paragraph 1 of Article 4 of Directive 95/46/EC provided that: "Each Member State

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

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

referred to in Article 22(1) GDPR. For further details on the definition of automated decision-making see Article 22 GDPR and Article 4. In short, automated

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)

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

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

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

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

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

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)

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

related decisions in Category:Article 99 GDPR Kühling, Raab, in Kühling, Buchner, DS-GVO BDSG, Article 99 GDPR, margin number 4 (Beck 2020, 3rd edition).

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

right to data protection. Article 51 GDPR is closely connected to Article 4(21) (definition of SA), Article 52 (independence), Article 53 (General conditions

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;

v Germany, paragraphs 45 and 46, available here. Ziebarth, in Sydow, Marsch, DS-GVO/BDSG, Article 59 GDPR, margin numbers 4 and 5 (Nomos 2022). Ziebarth

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

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

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

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"

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

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)

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

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

although a somewhat similar protection could already be found in Article 12(2) of Directive 95/46 (DPD). That provision gave data subjects the possibility to

of a secret ballot under Article 22(4) RoP and the holding of written procedure under Article 24(1) RoP. Article 72(2) GDPR grants the EDPB regulatory autonomy

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

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

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

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

listed in Article 83(4), (5) and (6) GDPR. This specifically refers to violations of Articles 8, 11, 25 to 39, 41(4), 42, 43 of the GDPR (paragraph 4), Articles

edition). See, Articles 3(4) and 4 Collective Redress Directive (EU) 2020/1828. See Moos, Schefzig in Taeger, Gabel, DSGVO – BDSG, Article 80 GDPR, margin number

dispute 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

cooperative burdens. This reading of Article 31 GDPR is supported by the language of Article 83(4)(a) GDPR which categorises Article 31 GDPR as an 'obligation' of