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  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
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