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  • 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
  • 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
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