Search results

this Article which intend to prepare a code of conduct or to amend or extend an existing code shall submit the draft code, amendment or extension to the supervisory

harmonisation, in an attempt to confront a melting pot of legal principles, which are near impossible to fully reconcile. Article 88(1) GDPR acts as an opening clause

Article 71 - Reports 1. The Board shall draw up an annual report regarding the protection of natural persons with regard to processing in the Union and

or a specified sector within that third country, or an international organisation does not ensure an adequate level of protection, and imperative grounds

officers, whether or not they are an employee of the controller, should be in a position to perform their duties and tasks in an independent manner. Article

authorised by Union law Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor

supervisory authority under Articles 57 and 58, certification bodies which have an appropriate level of expertise in relation to data protection shall, after

previously directly engaged with controllers in an "audit" procedure. The DPC now mentions the option to conduct an "inquiry" on their webpage, but highlights

"right to rectification", addresses situations of inaccurate personal data with an additional right of the data subject that has a broader scope, but also requires

to professional secrecy or an equivalent obligation of confidentiality under Union Law or the Member State Law, or under an obligation issued by the competent

The principles of data protection should apply to any information concerning an identified or identifiable natural person. Personal data which have undergone

of a misdemeanour procedure, provided that such an application of the rules in those Member States has an equivalent effect to administrative fines imposed

interpretations include 1) documents generated by an authority in its official capacity and 2) all documents held by an authority. Recital 154 seems to lean towards

The President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych) is the national Data Protection Authority for Poland. It

constitute an appropriate safeguard for international data transfers. BCRs is one of the appropriate safeguards which can be used, in the absence of an adequacy

a controller is processing inaccurate personal data and that this may have an adverse effect on them (e.g. inaccurate bank account details which may lead

need for an EU framework to ensure the free flow of personal data within the European common market, the European Commission has proposed an EU Directive

in Article 12(8) and Article 43(8) shall be conferred on the Commission for an indeterminate period of time from 24 May 2016. 3.   The delegation of power

the consistent application of this Regulation, the Board should be set up as an independent body of the Union. To fulfil its objectives, the Board should

not adopt such rules and is thus subject to the GDPR. As an illustration of this, in June 2020, an administrative court in Slovenia upheld a decision from

is required by the consistency mechanism”. The authority tasked with such an important role is the European Data Protection Board (EDPB). The ultimate

perform their tasks and exercise their powers with complete independence, is an essential component of the protection of natural persons with regard to the

to act under Article 66(1) shall be presumed to be met and require an opinion or an urgent binding decision from the Board pursuant to Article 66(2). Recital

order to demonstrate compliance with the GDPR. Certification is thus viewed as an accountability framework, promoting both legal compliance and transparency

the consistent application of this Regulation, the Board should be set up as an independent body of the Union. To fulfil its objectives, the Board should

4(25) GDPR, which in turn refers to Article 1(1) of Directive (EU) 2015/1535, an "information society service" (ISS) is any service normally provided for remuneration

consistency mechanism, the Board should, within a determined period of time, issue an opinion, if a majority of its members so decides or if so requested by any

third country, a territory or a specified sector within that third country, or an international organisation; standard protection clauses; formats and procedures

as necessary to reconcile the right to the protection of personal data with an obligation of professional secrecy. This is without prejudice to existing

in the Union” can be exercised based on a contract concluded with an individual or an organisation, provided that they are established in the Union. The

based on the following factors. Unlike the Commission, the EDPS is itself an independent supervisory authority, has its own financial budget, independent

not affect this Regulation or any other provisions of Union law and include an appropriate level of protection for the fundamental rights of the data subjects

The Croatian Personal Data Protection Agency (Agencija za zaštitu osobnih podataka) is the national Data Protection Authority for Croatia. It resides in

service.’ The CJEU had previously ruled that a service may only be classified as an electronic communication service where it is responsible for the transmission

Article 59 - Activity reports Each supervisory authority shall draw up an annual report on its activities, which may include a list of types of infringement

the consistent application of this Regulation, the Board should be set up as an independent body of the Union. To fulfil its objectives, the Board should

disproportionate effort. It must therefore be concluded that the controller has an absolute obligation to record the recipients of personal data, in view of

The Commissioner for Personal Data Protection (Επίτροπος Δεδομένων Προσωπικού Χαρακτήρα) is the national Data Protection Authority for Cyprus. It resides

The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is the national Data Protection Authority for Netherlands. It resides in The Hague and

use of these identifiers can nevertheless be significant. If processed in an unsecured manner, they can notably lead to identity theft. The complexity

The Estonian Data Protection Inspectorate (Andmekaitse Inspektsioon) is the national Data Protection Authority for Estonia. It resides in Tallinn and is

You shall have the right to an effective judicial remedy against a Commissioner s decision. More information on how to file an appeal may be found at the

natural persons with regard to processing of their personal data. The CNPD is an independent public institution, financially and administratively autonomous

the other supervisory authorities, the Chair has also the right to request an opinion of the EDPB on any matter of general application or producing effects

supervisory authority Article 78: Right to an effective judicial remedy against a supervisory authority Article 79: Right to an effective judicial remedy against

Section 24 of the Personal Data Processing Law, an administrative act issued by or actual action of an official of the DVI, may be contested in accordance

not affect this Regulation or any other provisions of Union law and include an appropriate level of protection for the fundamental rights of the data subjects

reduce or increase those fines within the limits of Article 66. The EDPS, as an independent institution, must fund its own legal defence. As it is enforcing

The Berlin DPA (Berliner Beauftragte für Datenschutz und Informationsfreiheit) is the state Data Protection Authority for the German state of Berlin. It

specific law. The DPA follows a two-fold approch in their cases. First, they have an administrative procedure where they investigate the case, including assessing