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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

to transfer of personal data according to Article 25 Directive 95/46. Whether the provisions of Directive 95/46 are in conflict with the general principles

binding obligation of secrecy. Recital 171: Repeal of Directive 95/46/EC and Transition Phase Directive 95/46/EC should be repealed by this Regulation. Processing

previous Data Protection Directive 95/46/EC. Some of the principles are also reflected in Article 8 of the EU Charter of Fundamental Rights (EU Charter),

implement aspects of the GDPR and the Law Enforcement Directive. Article 3(2) of the previous Directive 95/46/EG already exempted the rather sensitive area of

previously existing definition under Article 2 (a) Directive 95/46/EC. The Directive itself derives the definition from Article 2 (a) Convention 108, according

to access (Article 15 GDPR), rectification (Article 16 GDPR), erasure (Article 17 GDPR), restriction (Article 18 GDPR), notification (Article 19 GDPR) or

special categories of data established in Article 9(2)(a) GDPR, Article 9(2)(c) GDPR, Article 9(2)(g) GDPR and Article 9(2)(i) GDPR directly correlate with

Article 94 - Repeal of Directive 95/46/EC 1. Directive 95/46/EC is repealed with effect from 25 May 2018. 2. References to the repealed Directive shall

DS-GVO BDSG, Article 21 GPDR, margin number 48 (C.H. Beck 2021, 3rd Edition) citing Article 2(a) Directive 2006/114/EC and Article 13(1) Directive 2002/58/EC;

pass a national data protection act that was aligned with Directive 95/46/EC. Directive 95/46/EC allowed Member States to adapt the rules to national frameworks

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

out in Article 6 of the directive and, secondly, with one of the criteria for making data processing legitimate listed in Article 7 of the directive [...]

establishes that Directive 95/46/EC applies to matters not covered by the provisions of the EPD. Given that Article 94 GDPR repeals Directive 95/46/EC and replaces

and device manufacturers. However, similarly to what happens under Article 25, Article 32 GDPR holds practical significance when it comes to the controller

access (Article 15 GDPR), rectification (Article 16 GDPR), deletion (Article 17 GDPR), restriction of processing (Article 18 GDPR), objection (Article 21 GDPR)

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 available

(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

to the well-being of natural persons. Recital 3: Directive 95/46/EC Harmonisation Goal Directive 95/46/EC of the European Parliament and of the Council

legislator or intended. Compared with the previous Directive 95/46, Article 15(3) GDPR constitutes an additional right to receive a copy of all personal data

processing (Article 35(1), last sentence GDPR). "Commission decisions adopted and authorisations by supervisory authorities based on Directive 95/46/EC remain

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

(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)

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

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)

the European Union. 2. It 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

proportionality, enshrined in EU primary law in Article 5(4) TEU and Article 52(1)(2) CFR, is also reflected in Article 83(1) GDPR. In general, a measure is proportionate

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

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

electronic communications, which supersede the GDPR(see Article 95 GDPR); the e-Commerce Directive (Directive 2000/31/EG), especially in the context of liability

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

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

Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable

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

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

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

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

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"

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

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

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

of the notion of religion in general. For instance, under Article 10(1)(b) of Directive 2011/95/EU, “[t]he concept of religion shall in particular include

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

publish a report on their activities, provided for in Article 28(5) of the Data Protection Directive, to be part of the accountability required by the principle

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

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

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

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

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

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

adequacy decision pursuant to Article 45 GDPR shall be used, when it exists; second, appropriate safeguards under Article 46 GDPR, such as binding corporate

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

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

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

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

consistency mechanism referred to in Article 63 GDPR (Article 28(8) GDPR). The Commission has made use of its power under Article 28(7) GDPR and published standard

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

to in point (d) of Article 46(2) and in Article 28(8); (e) aims to authorise contractual clauses referred to in point (a) of Article 46(3); or (f) aims to

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;

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

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

deliberations of the Board's predecessor, the Article 29 Working Party (“WP29”), were wholly privileged. Under Article 11(1) of WP29's Rules of Procedure, any

rules, do not fall within the scope of this article. → You can find all related decisions in Category:Article 48 GDPR Kuner, in Kuner, Bygrave, Docksey,

referred to in Article 64. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2). Recital

remedies. CJEU: The CJEU has clarified in C-132/21 that "Article 77(1), Article 78(1) and Article 79(1) of Regulation (EU) 2016/679 [...] must be interpreted

unlike delegated acts made under Article 92 GDPR. Article 93(2) GDPR explicitly provides for the application of Article 5 of Regulation (EU) No 182/2011

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

protection principles (Article 5), determination of the legal basis for processing (Article 6), implementation of security measures (Article 32), notification

that falls outside the scope of Article 57 GDPR should be deemed inadmissible for the purposes of Article 31 GDPR. Article 31 GDPR can be read as a supporting

restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been

the exchange of knowledge between them. This way, Article 50 GDPR expands the exhortation under Article 57(1)(g) GDPR that calls for cooperation between

confidentiality obligations were already in place under Article 28(7) of the GDPR's predecessor, Directive 95/46/EC. Article 54(1) GDPR mandates Member States to provide

right to receive compensation under Article 82 GDPR was not included in the initial draft of Article 80 GDPR (then Article 73) and was only inserted later

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

and 14 GDPR), access (Article 15 GDPR), rectification (Article 16 GDPR), erasure (Article 17 GDPR), restriction of processing (Article 18 GDPR), notification

information in the course of an investigation, in accordance with Article 58(1) GDPR. Article 90 GDPR was drafted with a view to regulate potential conflicts

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)

under the terms referred to in Article 46(2)(f) GDPR. One substantial difference between Article 42(1) GDPR and Article 42(2) GDPR is that in the former

to in Article 42(5) and approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63; (c)

Press 2020). Spiecker et al., GDPR Article-by-Article Commentary (2023), p 1090. Spiecker et al., GDPR Article-by-Article Commentary (2023), p 1090. CJEU

derogation from Article 64(3) and Article 65(2), an urgent opinion or an urgent binding decision referred to in paragraphs 2 and 3 of this Article shall be adopted

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

specific rules. Article 82 GDPR introduces a right to compensation for damage caused as a result of an infringement of the GDPR. Article 82(1) contains

this Article. 2.   The delegation of power referred to in Article 12(8) and Article 43(8) shall be conferred on the Commission for an indeterminate period

cases concerning the interpretation of Article 28(1) of Directive 95/46/EC ("DPD"), the Regulation's predecessor. Article 28(1) DPD established the existence

subjects - which would be counterproductive. Article 11 GDPR is meant to address this matter. Under Article 11(1) GDPR, when a processing operation does

opening clause under Article 88(1) GDPR, any rules introduced must meet the criteria imposed by Article 88(2) GDPR. Lastly, Article 88(3) GDPR imposes an

the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2). Recital 110:

territory of its Member State in accordance with Article 55(1). In that case, the urgent need to act under Article 66(1) shall be presumed to be met and require

GDPR (Article 31 GDPR). Direct liability of the representative is limited to the obligations set out in Article 30 and Article 58(1)(a) GDPR. Article 27(5)

of this Article, the other supervisory authorities may adopt a provisional measure on the territory of its Member State in accordance with Article 55. In

studies. Hence, Article 89(2) and (3) GDPR also allow for specific derogation to the GDPR for these purposes, as further detailed below. Article 89(1) GDPR

explicit wording of Article 81 GDPR does not limit its application to proceedings instigated either under Article 78 GDPR or Article 79 GDPR. Secondly,

by Article 53(4) GDPR are contained in several other EU law provisions concerning the dismissal of members of independent bodies. These are Article 247

commentary to Article 60 GDPR, Article 61 GDPR, Article 62 GDPR, Article 63 GDPR, Article 64 GDPR, Article 65 GDPR, Article 66 GDPR and Article 56 GDPR. The

subject – may violate primary EU law, namely Article 47 CFR in connection with Article 16 TFEU and Article 8 CFR. In Joined Cases E-11/19 and E-12/1, the

required in principle (see hereunder Article 65(2) GDPR) to adopt a decision under Article 65 GDPR is reached, since Article 64 GDPR only requires a simple majority

processing), Article 57 GDPR (tasks of SAs), Article 58 GDPR (powers of SAs), as well as Article 65 GDPR (dispute resolution by the board), Article 63 GDPR (consistency

consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and (b) the processing is

complaint with all due diligence (see, by analogy, as regards Article 25(6) of Directive 95/46, judgment of 6 October 2015, Schrems, C‑362/14, EU:C:2015:650

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

basis of both the Directive 95/46/EC and the GDPR. The Court assessed the requirements for a valid consent under both Directive 95/46/EC and the GDPR and

violation of rights under Directive 95/46 was claimed, but rather a violation of the basic provision of Article 25 of Directive 95/46. 51 From a Union law perspective

controller in Article 82 of French Data Protection Act, which is justified by the reference made by Article 2 of the ePrivacy Directive to Directive 95/46/EC on

other countries, although it contemplated several exceptions. Following Directive 95/46/EC, the Ley Orgánica de Protección de Datos de Carácter Personal (Organic

scope of the Data Protection Directive 95/46 under the exceptions stipulated in Article 3(2) of the Data Protection Directive 95/46? (2) Whether personal data

artistic or literary purposes, only Article 24, Article 26, Article 28, Article 29, Article 32, and Article 40- Article 43 applies, following § 3. Special

took effect in the European Union (EU) on May 25, 2018, it replaced both the Data Protection Directive (95/46/EC) and the Dutch Personal Data Protection Act

between the GDPR and Directive 2002/58/EC ("ePrivacy Directive") (see Opinion 5/2019 on the interaction between the ePrivacy Directive and the GDPR of March

personal data and on the free movement of such data, and repealing Directive 95/46 / EC . 16 years You can help us fill this section! In particular, the

June 2021 8WP 136. Article 29 Working Party Opinion 4/2007 on the concept of personal data, adopted on 20 June 2007 9 Directive 95/46/EC of the European

considered the controller as referred to in Article 2(d) of Directive 95/46 (Judgment of 10.7.2018, Jehovah's Order, C-25/17, EU: C: 2018: 551, para. 68). 69 In

this context Article 29 of the Data Protection Act 2019 establishes exceptions in Article 9(1) GDPR, Article 15 GDPR, Article 16 GDPR, Article 18(1)(a) GDPR

of avr med directive 95/46/EC (General Data Protection Regulation). Page 3 of 25The Swedish Privacy Agency Diary number: DI-2020-11397 4(25) Date: 2023-06-30

protection (Article 45) and transfer covered by appropriate protective measures (Article 46). There are also exceptions for special situations (Article 49). In

Therefore, given that Article 6(1), Article 5(1)(a), Article 5(1)(d), Article 5(1)(c), and Article 14 GDPR were infringed in connection to Article 5(1)(b), the

Thus, article 1, paragraph 2, of the "ePrivacy" directive provides that "the provisions of this directive specify and supplement Directive 95/46/EC" of

GDPR, Article 9 GDPR, Article 10 GDPR, Article 30 GDPR and Article 34 GDPR, as well as the provision of the PDPA governing processing of personal data

public interest grounds referred to in Article 8(4) of Directive 95/46 or in Article 9(2)(g) of Directive 95/46. Regulation 2016/679 and in compliance

Data. of the Council of Europe (ETS 108), it is set out at Article 6.1.b) of Directive 95/46/EC of the European Parliament and of the Council of October

documents: its Article 2 lit c refers to Directive 95/46/EC (now the GDPR) and leaves it unaffected. Art 4(1)(f) and Art 5(d) of Directive 2011/24/EU explicitly

and 6 of Directive 95/46/EC remains relevant to this day. Article 6.1 of the GDPR in fact repeats the terms of article 7 of the directive 95/46/EC - the

Commission; or, in the case of transfers referred to in Article 46, Article 47 or the second subparagraph of Article 49(1), what are the appropriate or appropriate

right of access previously laid down in Article 12 of the Privacy Directive 95/46 has now been included in Article 15 of the AVG. The purpose of this right

aforementioned Directive refers to Directive 95/46/EC (Data Protection Directive), which is decisive for the processing of personal data (ErwGr. 89, Art. 95 of Directive

imprisonment.
 
 
 The DPA
 The DPA was enacted pursuant to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995

affects him or her. The provision is modelled on its predecessor, Article 15 of Directive 95/46/EC. According to its wording, it appears to be a right of the

complaint under Article 77 GDPR was very clear and limited in scope. However, the DSB went on to assert a violation of Article 12 GDPR and Article 15(1)(h) GDPR

"controller" in Article 82 of the Data Protection Act, which is justified by the reference made by Article 2 of the ePrivacy Directive to Directive 95/46/EC on the

(see Article 9 DSRL 95/46/EC, Article 85 DSGVO - so-called media privilege; see above, marginal no. 11 f.). The reference in Article 9 of the DSRL 95/46/EC

paragraph 38 ff, in particular paragraph 46 f on Article 12 lit a of Directive 95/46). In this regard, the ECJ (in RZ 46) states: "If the person's right of access

processing of personal data and the free flow of such data and the repeal of Directive 95/46/EC of April 27, 2016 ( EU Regulation 2016/679 of the European Parliament

2002/58 ". The provisions of Directive No. 2002/58 were intended to specify and complement Directive No. 95/46 / EC of the European Parliament and of the

European Court of Justice of 22 June 2005 on the Data Protection Directive 95/46/EC ("DPA Directive").2017, C-434/16, NOWAK Rz 33, whose statements can also be

taken pursuant to paragraph 3 of this article and of decisions taken on the basis of Article 25(6) of the Directive 95/46/EC. 5. When the information available

10 000 as a result of the infringement of an article 5.1.c) and Article 6.1 AVG (on the basis of Article 101 of the GBA Act); the publication of the decision

the e-Privacy Directive refers to Directive 95/46/EC, and in accordance with art. 94,paragraph 2 AVG should all references to Directive 95/46 / EC should

referred Question 1 Is Article 1(15)(c) of Directive (EU) 2018/843, amending the first subparagraph of Article 30(5) of Directive (EU) 2015/849 on the prevention

Litigation Chamber (Article 91, § 1 and § 2 of the LCA).- On May 28, 2019, the Litigation Chamber decides, pursuant to Article 95, § 1, 1° and Article 98 of the

"ePrivacy" directive and the GDPR, Article 1(2) of this directive provides that "the provisions of this directive specify and supplement Directive 95/46/EC "of

to Article 7(e) of Directive 95/46/EC remains relevant to this day. Article 6(1) of the GDPR takes over the wording from Article 7 of Directive 95/46/EC

and 5 (3) of Directive 2002/58, read in conjunction with Article 2 (h) of Directive 95/46 and Regulation 2016/679 4 Article 6 (11) and Article 6 (1) (a) do

application of the Data Protection Directive 95/46/EC and was further specified there (see Articles 2, 4, 6, 7, 12 and 14 DSRL 95/46/EC; see ECJ, judgment of 13

data subject is a child. " (49) Article 6 continues the corresponding provision in the previously applicable Directive 95/46 / EC of 24 October 1995. Practices

the data controller data within the meaning of Article 7 of Directive 95/46 / EC, WP 217. 10 ECHR, March 25, 1983, Silver and others v. United Kingdom, para

controller’s new privacy policy violated Article 5(3) of the ePrivacy Directive (Directive 2002/58/EC). The Article only allows the controller to process

approved appeal of Article 5(1)(a), Article 12(1), Article 13(1) and Article 13(2). The appeal for Article 5(1)(c), Article 6(1) and Article 8 GDPR was not

communication, the data subject cannot rely on either Article 12 (a),of Directive 95/46 or of Article 8 (2) of the Charter the right to obtain a copy of theoriginal

including Article 129 WEC which implements Article 5.3 of Directive 2002/5815 (hereinafter, "ePrivacy Directive"), in accordance with Article 14 § 1 of

20See Article 29 Working Party, Opinion 06/2014 on the notion of legitimate interests of the data controller under Article 7 of Directive 95/46/EC (WP

relevant even though Directive 95/46 was repealed since this condition of necessity is maintained under Article 6.1 b) to f) of the GDPR. Article 6.1 of the GDPR

(f), Article 5(2), Article 6(1), Article 7(1), Article 24(1), Article 25(1), Article 32(1)(b), Article 32(1)(c) and Article 32(1)(b), Article 32(1)(c) and

articulation. Thus, Article 1(2) of the ePrivacy Directive provides that the provisions of this Directive specify and supplement Directive 95/46/EC of the European

personal data personnel and the free movement of such data, and repealing Directive 95/46 / EC; Having regard to the law of 1 August 2018 on the organization

possible violation of Article 82 of the French Data Protection Act, which in turn implements Article 5(3) of the ePrivacy Directive into the French legal

In that regard, neither the wording of Article 2(d) of Directive 95/46, nor any other provision of that directive, permits the conclusion that the purposes

species. Article 6.1 of the GDPR in fact reproduces the terms of Article 7 of Directive 95/46 / EC 10 of which it is the equivalent. 51. The Article 29 Group

of the profession referred to in Article 22 of Directive 95/46/EC should be be determined in accordance with Article 47 of the Charter (see by analogy

24 Para. 1 and Para. 2, Art. Article 25(1), Article 30(5), Article 32(1) and (2), Article 34(1), Article 35(1) and Article 35(3). or Art. 37 Para. 1 lit

of personal data, on the free movement of data and on the repeal of Directive 95/46/EC (General Data Protection Regulation - Regulation (EU) 2016/679 -

processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)). The storage of the plaintiff's

processing of personal data, on the free movement of such data and repealing Directive 95/46/EC [the General Data Protection Regulation]) require, in addition to

personal data and to the free movement of such data, and repealing Directive 95/46/EC (General Regulation on the free movement of data protection), hereinafter

data data and repealing Directive 95/46/EC (hereinafter referred to as the General Protection Regulation data) SL EU 119, Article 34 of the Law on the Implementation

of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on the protection of data) (Acts. Office. EU

violation of Article 5, Article 6, and Article 25 GDPR. It ordered the controller to comply with the data subject's erasure request pursuant to Article 17(1)(d)

least one of the legal bases provided for by Article 7 of Directive 95/46/EC and Article 6.1(b) of that Directive further requires that the purposes must comply

légitime du responsable du traitement" à l'article 7 de la contrôleur des données" à l'article 7 de la directive 95/46/CE, WP 217, 9 avril 2014, 30. Décision

such data and repealing Directive 95/46/EC (General Data Protection Regulation) SLEU L119 (hereinafter: General Regulation), Article 34 of the Act on the

of these data (in hereafter GDPR) - repealing Directive 95/46/CE (RGPD) - and the provisions in article 22 of Organic Law 3/2018, of December 5. On the

administrative documents , to which Directive 95/46 is not directed (ECJ, ibid., para. 46). 92 The ECJ also clarifies that the directive leaves it up to the member

THE LAW 1. With article 94 of the General Regulation of Data Protection (GKPD) no. 679/2016 was repealed from 25.5.2018 Directive 95/46 / EC, when it was

by virtue of Article 29 of Directive 95/46/CE, which with the entry into force of article 94.2 of the RGPD that repeals the directive 95/46 is changed to

for being contrary to Article 7.f) of Directive 95/46 and considered that, given the incorrect transposition of the Directive 95/46 that the LOPD made at

for violating Article 5(1)(c) and Article 5(1)(e) GDPR. The DPA of Berlin fined Deutsche Wohnen SE for violating Article 5(1)(c) and Article 5(1)(e) GDPR

the Legal Professional Privilege Exception: The purpose of Directive 95/46/EC (the Directive) was to regulate the activities of data controllers on a territorial

risks: “In order to ensure security and to prevent the 42See Directive 95/46/EC, Recital 46. Underlining the AP. 43See, among other things, caseZ2003-0145

processing, then the GDPR provides stronger guarantees to data subjects than Directive 95/46, because the right to object to the GDPR does not limit the grounds

cross-border traffic. The case was decided under the national implementation of 95/46/EC. The investigation started after the DPA was notified of a personal data

processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, OJ L 119/1 of 4 May 2016, p

with the principlesthe quality of the data laid down in Article 6 of Directive 95/46 or Article 5Regulation 20161679 and, on the other hand, to the basic

data, as well as the free circulation of such data and which repeals Directive 95/46 / EC, "General Data Protection Regulation" (hereinafter the "Regulation");

a life insurance company had breached Article 5(1)(a) GDPR, Article 5(1)(c) GDPR, Article 9 GDPR and Article 25(2) GDPR as its as its practice was to process

breaches of Article 14. 1-2 combined with Articles 12.3 and 12.1 of the GDPR, in Article 15. 1 of the GDPR (combined with Article 12.3 and Article 12.2. Of

AVG, under Article 7 of Directive 95/46/EC. 46. In the present case, the defendant does not comply with this obligation imposed by Article 21.4 AVG and

previous European Directive on personal data protection: “In this context, there are three cumulative in Article 7 (f) of Directive 95/46 conditions that

the means 8. A first plea is based on the violation of Article 28. I and 28.3, Article 32 and Article 44 of Regulation (EU) 2016/679 of the European Parliament

movement of such data and on repealing the Directive 95/46/EC (General Data Protection Regulation) SLEU L119 and Article 34 of the Law on the Implementation of

has its legal basis under Article 6(1)(f) The Disputes Chamber proceeds to dismiss the complaint in accordance with article 95 , § 1, 3° WOG, giving three

personal data and on the free movement of such data and repealing Directive 95/46 / EC Article 2 (1) of Regulation (EU) No 2016/679 (hereinafter: the General

movement of such data, and repealing Directive 95/46 / EC 1The guidelines concerning DPOs were adopted by the “Article 29” working group on 13 December 2016

processing of personal data, including under the (repealed) Privacy Directive (Directive 95/46/EC). However, the Court of Justice has consistently held that

provisions as stated in Article 95, § 2, as well as that in Article 98 WOG. They are also subject to Article 99 WOG informed of the deadlines for submitting their

validly obtained if pre-selected boxes are used: "“51. "Article 2(h) of the above-mentioned Directive [95/46] defines 'the data subject's consent' as 'any free

5.1.c) of the GDPR pursuant to Article 95, §1, 3° of the LCA; - pursuant to Article 58.2.c) of the GDPR and Article 95, § 1, 5° of the LCA, to order the

movement of such data and on repealing the Directive 95/46/EC SLEU L119 (hereinafter: General Regulation), Article 34 of the Law on the Implementation of the

in Article 9 of Directive 95/46 / EC are not applicable to the former Article 9 of Directive 95/46 / EC - the counterpart provision of now Article 85 GDPR

processing of personal data, including under the (repealed) Privacy Directive (Directive 95/46/EC). However, the Court of Justice has consistently held that

of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: GDPR) , that his personal data will be erased which

decision on Article 47 of the Charter of Fundamental Rights of the European Union (hereinafter: the Charter) in relation to Article 22 of Directive 95/46 / EU

preliminary ruling: ‘(1) Is Article 10 of Directive 2016/680 effectively transposed into national law – Article 25(3) and Article 25a of the [ZMVR] – by the

followed from the Personal Data Act 2000 § 7 and the EU Privacy Directive 95/46 / EC Article 9. The provision covers everyone who processes personal data

personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),  Language of the request:

of Article 6(1)(c) instead of Article 6(1)(f) as the District Court held. The Court of Appeal ruled that the District Court's discussion of Article 6(1)(c)

personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, with the

repeal of Directive 95/46 / EC (General Data Protection Regulation) OJ EU 119. The General Data Protection Regulation stipulates in Article 4 (1) (1) that

ready for treatment on the merits, so that both Article 61 WOG and Article 98 WOG in conjunction with Article 95, § 2 were respected. Insofar as defendant 1

collects saidrequirements.28 In this regard, article 7, letter f), of Directive 95/46 - (current article 6.1.f) of the RGPD) - fixesthree cumulative requirements

the GDPR, in particular Article 5 (1) GDPR, article 24 and article 28 GDPR, all this based on article 58.2, d) GDPR and article 100, §1, 9 ° WOG, within

The case was brought under Directive 95/46. It is remarkable that the Supreme Court held, that ready under Directive 95/46 consent that was required in

Automatic Processing of Personal Data (ETS 108), it is set out in Article 6 § 1 b) of Directive 95/46/EC of the European Parliament and of the Council of 24 October

within the meaning of Article 95, §1, °GBA Law and order the GBA to process the file on the merits within the meaning of Article 98 et seq. the file on

repeal of Directive 95/46/EC (General Data Protection Regulation) Article 1, paragraph 2, Article 5, Article 6, paragraph 1, subparagraph f, Article 17(1)(a)

data and repealing Directive 95/46/EC (General data protection regulation) SL EU L119. The General Data Protection Regulation in Article 4, Paragraph 1, Point

data and until revocation of Directive 95/46/EC (General Data Protection Regulation screening) (hereinafter: GDPR);  Article 288, paragraph 2 of the Convention

subject Article 15: Right of access Article 16: Right of correction Article 17: Right of deletion Article 18: Right to limit processing Article 19: Obligation

and the repeal of Directive 95/46/EC (General Data Protection Regulation) Article 5, paragraph 1, subparagraph c, Article 25, Article 58, paragraph 2, subparagraph

not fulfilled. The school breaches Article 6(1)(b) in combination with Article 6(4) and Article 6(1) Articles 24 and 25 GDPR Furthermore, as the school continued

processing of personal data, on the free movement of data and the repeal of Directive 95/46/EC (General Data Protection Regulation) - GDPR, OJ No. L 119 of May

(AVG). This regulation came into force on 25 May 2018. The previously applicable Privacy Directive (Directive 95/46/EC) and the Personal Data Protection Act

powers under Article 58(2) GDPR and impose on the respondent the responsibility to restore the fulfilment of Article 5(1)(a) GDPR and of Article 5(1)(b-f)

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on Data Protection), hereinafter referred to

the Commission; or, in the case of Article 46, Article 47 or transfers referred to in the second subparagraph of Article 49 (1), which provide the appropriate

for violating Article 5(1)(f) GDPR, Article 5(1)(a) GDPR, Article 5(2) GDPR, Article 12 GDPR, Article 13 GDPR, Article 14 GDPR, Article 24(1) GDPR, and

data data and repealing Directive 95/46/EC (hereinafter referred to as the General Protection Regulation data) SL EU 119, Article 34 of the Law on the Implementation

and article 15 of the GDPR (right of access), for reasons set out below. Furthermore, in accordance with article 58.2.c) of the GDPR and article 95, § 1

direct effect) will apply from 25 May 2018 and repealed the Privacy Directive (Directive 95/46/EC) on the same date (see Article 94 GDPR). That the initiating

data and with regard to the free movement of such dataand repealing Directive 95/46 / EC, BS September 10, 2019. Page 13 Decision on the merits 61/2020

increased importance – despite the fact that it was not included in Article 6 of Directive 95/46/EC of the European Parliament and of the Council of 24 October

design Article 25.2: Data protection by default Article 26: Joint controllers Article 27: Representatives of non-EU managers or executors Article 28: Executor

as stated in Article 95, §2, as well as those in Article 98 WOG. Also they shall be informed of the deadlines for them pursuant to Article 99 WOG to submit

authority (cf. Article 36 (2) no. 7 lit. a DPA) for the purposes of military self-protection (cf. Article 36 (1) DPA in conjunction with Article 2 (1) no. 2

57(1)(a) and Article 58(2)(b) in connection with Article 5(1)(f), Article 24(1), Article 25(1), Article 32(1) and (2) of 2 of Regulation EU 2016/679 of the European

connection with Article 5 paragraph 1 point c, Article 9 paragraph 1, Article 58 paragraph 2 point f, point g and point i and with Article 83 paragraph 2

serve any purpose. 3.6 The purpose of the Wbp (old) is to implement Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995

such data, and o repealing Directive 95/46/EC (hereinafter: General Data Protection Regulation) SL EU 119, Article 40 and Article 96 of the Law on General

processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, OJ 2016 L 119/1, p. 1; hereinafter

Since these operations are explicitly and unconditional in Article 2(b) of Directive 95/46, must be regarded as treatment within the meaning of that provision

personal data and on the free movement of such data and on the repeal of Directive 95/46 / EC (GDPR), Art. 51, 52, 53.1, 53.3, 53.4 and 54.1 (a) - (e) The Self-Government

pursuant to Article 100, §1, 5° WOG, to order a disqualification for the violation of Article 5.1, a), Article 5.2, Article 6, Article 12.1, Article 14.1 a)

and which repeals Directive 95/46 / EC ", OJ no. 205 of 4.09.2018. by reason of the "Principle of legality", referred to in Article 1 of Law 689/1981,

of personal data and the free movement of such data, and repealing Directive 95/46 / EC (known as "RGPD"), relating to the excessive nature of the data

be interpreted broadly (cf. on the comparable legal situation under Directive 95/46 the judgement of the ECJ of 6 November 2003, C 101/01, Rs Lindqvist

processing carried out is in violation of Article 5(1)(f) GDPR, Article 25(1) GDPR, Article 32 GDPR and Article 35 GDPR. Especially, the controller cannot

follows that the consent of Article 2 (f) and Article 5 (3) of Directive 2002/58, read in conjunction with Article 4 (11) and Article 6 (1) (a) of Regulation

personal data and to the free movement of these data, and repealing Directive 95/46/EC (General Regulation on the data protection), hereinafter “the GDPR”;

accordance with Article 38.3 of the AVG 5. On 5 October 2021, the Disputes Chamber decided on the basis of article 95, §1, 1°and article 98 of the CPC that

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation; AVG). This concerns the measure

replaced the Article 29 Working Party since 25 May 2018, took over and re-approved the documents adopted by said Group between May 25, 2016 and May 25 2018, as

(5), (7) and (8), Section 13 (2) § 23, § 25, 25 / G. § (3), (4) and (6), 25 / H. § (2) paragraph 25 / M. § (2), 25 / N. §, 51 / A. § (1), Articles 52-54.

authority or the data protection delegate in accordance with Article 20 of Directive 95/46/EC and which are carried out in a way that has not changed since

requirements of Article 6(1)(a) in conjunction with Article 7 GDPR, which cannot be superseded by relying on Article 6(1)(b) GDPR? Is Article 5(1)(c) GDPR

of personal data and on the free movement of such data and repealing Directive 95/46/EC (general Data Protection Regulation), hereinafter GDPR; In view of

merits, which is explained by the fact that Article 98 WOG refers to the application of Article 95, § 2 WOG. Article 98 WOG explicitly requires that if the

processing of personal data and on the movement of such data and repealing Directive 95/46 / EC EC (General Data Protection Regulation, GDPR) for violation of

CJEU states that "the manifestation of will referred to in Article 2(h) of Directive 95/46 must, in particular, be "specific", in the sense that it must

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provisions of the GDPR which entered into force on 25.05.2016 and has been applicable since 25.05.2018 (see Article 99 DGSVO) are also applicable to the present

Decision concerned Meta IE’s compliance with Article 5(1)(a) and (c), Article 6(1), Article 12(1), Articles 13, 24, 25 and 35 GDPR in respect of certain processing

data, as well as the free circulation of such data and which repeals Directive 95/46 / EC, "General Data Protection Regulation" (hereinafter the "Regulation");

movement of such data, and repealing Directive 95/46 / EC 1The guidelines concerning DPOs were adopted by the “Article 29” working group on 13 December 2016

persons the free movement of such data and Directive 95/46 / EC Regulation (EU) 2016/679 repealing Directive (hereinafter referred to as General alleged

not complied with Article 32 (1) of the Data Protection Regulation. 1 and 2, Article 33, para. Article 34 (3) (d) 1 and 2, and Article 5, para. 1, letter

of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General data protection regulation).

that the controller had violated Article 5(1)(a) GDPR, Article 12 GDPR, Article 13 GDPR, Article 15 GDPR and Article 25(1) GDPR. As a result, the DPA issued

decision. [The equivalent GDPR Article to Article 48(3)(a) EU GDPR is Article 46(3)(a) GDPR, and Article 50(1)(d) EU GDPR is Article 49(1)(d) GDPR.] Share blogs

of Justice of the European Union at paragraph 99: "Article 12(b) and Article 14(a) of Directive 95/46 must be interpreted as meaning that, when analysing

infringement of Article 5.1 b) in conjunction with Article 6.4. AVG, on article 5.1 a) in conjunction with article 6.1. AVG and on article 5.1 c) GDPR has

personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation ) (Journal of Laws UE L 119

personal data and on the free movement of such data and on repealing Directive 95/46 EC (General Data Protection Regulation) and Articles 34 and 36 of the

the Processing of personal data, free movement of data and repeal of Directive 95/46/EC (General Data Protection Regulation - GDPR). The defendant has a

of the provisions as set out in Article 95 § 2 and Article 98 of the ICA. They are also informed, pursuant to Article 99 of the ICA, of the time limits

processing special categories of data, cf. Article 32(1)(b) GDPR, Article 32(1)(d), Article 24 and Article 35, cf. Article 5. In May 2019, a municipality reported

Data Protection Regulation (2016/679) Article 12 (4), Article 17 (3), Article 21 (2) and (3), Article 25 (2), Article 58 (2) (b) Section 2 of the Health Care

processing of personal data, on the free movement of such data and repealing Directive 95/46/EC [the General Data Protection Regulation]) require, in addition to

repealing Directive 95/46/EC (Basic Data Protection Regulation, Previous Search TermDSGVONnext Search Term), this Regulation applies from 25 May 2018.

violating Article 5(1) GDPR Article 6 (1) GDPR Article 6(4) GDPR Article 9 GDPR Article 14 GDPR Article 30 GDPR Article 35 GDPR and Article 36 GDPR. The

under article 7 of the Directive 95/46 / CE ”, dated 04/09/2014. Although Opinion 6/2014 was issued for favor a uniform interpretation of Directive 95/46

of personal data and the free movement of such data, and repealing Directive 95/46 / EC; Having regard to the law of 1 August 2018 on the organization

movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) will not come into effect until May 25, 2018 (Art. 99.2 GDPR). Art

measures' in Article 32 AVG are a continuation of what already applied under Directive 95/46/EC and the Personal Data Protection Act (Wbp).25 There is no

CJEU makes the following considerations, for what interests us here: "Directive 95/46 is not limited to providing that its provisions will not apply to the

paragraph c) of paragraph 1 of article 4 of Directive EC/95/46, of October 24, 1995, as well as aa fnea c) of paragraph 3 of article 4 of Law 67/98, of 26 October

processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, OJ L 119/1 of May 4, 2016, p

specific categories of information in Article 8 (1) and (5) of Directive 95/46 or in Article 9 (1), Article 10 (1) and Article 10 of Regulation 2016/679, the

and on the free movement of such data and on 08-657 61 00 Repeal of Directive 95/46 / EC (General Data Protection Regulation). Integrity Protection Authority

processing was therefore in breach of Article 5(1)(a) and Article 6(1)(c) of the GDPR. The DPA also ruled out Article 6(1)(f) on the grounds of domestic law:

gross turnover per article sold. 35. On March 25, 2019, the plaintiff had his appeal substantiated by another attorney of record: 36. Article 9 of the DSGVO

the processing is based on Article 6(1)(a) or on Article 9, (c) where the processing is based on Article 6(1)(a) or Article 9(2)(a), the existence of the

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter AVG; Having regard

accountability (Article 5 (2) and 24 (1), (2) GDPR), privacy by design (Article 25 (1) GDPR) and as controller towards its data processors (Article 28 GDPR).

repealing Directive 95/46/EC (as regards (hereinafter GPRD), an offense under Article 83(5)(a) of the GPRD and described as very serious in article 72.1. a)

unit also held that the controller violated Article 12(1) GDPR, Article 12(2) GDPR, Article 15(1) GDPR and Article 15(3) GDPR. The controller had deleted the

accordance with Article 12 (2) of the Data Protection Regulation. 6 and Article 5 (2). 1 (c). The Data Inspectorate has hereby emphasized that Article 12 (2) of

personal data the free movement of such data and Directive 95/46 / EC Regulation (EU) No 2016/679 repealing Directive (hereinafter referred to as General Data

data, as well as the free circulation of such data and which repeals Directive 95/46 / CE, "General Data Protection Regulation" (hereinafter, "Regulation");

requirements of Article 2(h) of Directive 95/46/EC nor those of Article 4(11) of Regulation (EU) 2016/679. 31 (2) According to Art. 2(h) of Directive 95/46/EC, consent

ofcontroller (article 4.7 of the GDPR), the scope of the GDPR (article3.1 of the GDPR), the right to erasure (article 17 of the GDPR) and its powers (article 58.2of

of personal data and on the free movement of this data and repealing Directive 95/46/EC (General Data Protection Regulation) and the Data Protection Act

of personal data and on the free movement of such data and repealing Directive 95/46/EC, 'General Data Protection Regulation' (hereinafter 'the Regulation');

the provisions as stated in Article 95, § 2, as well as of these in Article 98 WOG. Also they are informed, pursuant to Article 99 of the WOG, of the deadlines

these operations are explicitly listed and unconditional in Article 2(b) of Directive 95/46, must be qualified as treatment in the sense of said provision

of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General data protection regulation). [2] Act No. 502 of 23 May

obtained from them, as required under Article 14(1)(a) AVG and Article 14(2)(c)(e) and point (f) AVG; c. article 12 j° article 14 AVG, in view of the defendant

executed. Legal basis: Article 4 lines 1, 2 and 5, Article 11 paragraphs 1 and 2, Article 12 paragraph 2, Article 17 paragraph 1 and Article 58 paragraph 2 lit

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter 'the Regulation');

processing of personal data, on the free movement of such data and repealing Directive 95/46/EC, OJ L 119 of 4 May 2016; hereinafter: GDPR), which provides for appropriate

one hand, with the principles of data quality set out in Article 6 of Directive 95/46 or Article 5 of Regulation 2016/679 and, on the other , to the basic

personal data and on the free movement of such data and on the repeal of Directive 95/46 / EC (General Data Protection Regulation). 2The Act (2018: 218) with

data, as well as the free circulation of such data and which repeals Directive 95/46 / EC, "General Data Protection Regulation" (hereinafter the "Regulation");

personal data and on the free movement of such data and that repealed Directive 95/46 / EC (General Regulation on Data Protection), hereinafter referred to

information to the public, violating Article 24 GDPR. The decision discusses as well, the relationship between directive 95/46/EC and GDPR. The DPA highlighted

matter "Fashion ID" that on the legitimate interest of article 7, letter f) of the directive 95/46, establishes three cumulative requirements for a data

processing had to be disclosed as part of the information (cf. Art. 12 Directive 95/46 / EC). In the judgment of May 7, 2009 already quoted, the ECJ stated

by the Commission exists; or, in the case of Article 46, Article 47 or the second subparagraph of Article 49(1), which shall include the transfers referred

travaux préparatoires for Directive 95/46 that Article 9 of that directiveThe exemptions and derogations provided for in Article 1 apply not only to media

of personal data and on the free movement of such data and repealing Directive 95/46/EC, GDPR, of which the company was informed on the same day. During

municipalities has not complied with Article 28 (1) of the Data Protection Ordinance. Article 32 (3) (f), in accordance with Article 32, as the company has not implemented

data, as well as the free circulation of such data and which repeals Directive 95/46 / EC, "General Data Protection Regulation" (hereinafter the Regulation);

of personal data and on the free movement of such data and repealing Directive 95/46 / EC, hereinafter: ' GDPR '). In this connection, [applicant under 1]

Regulation (EU) 2016/679 repealing Directive 95/46 / EC (a hereinafter referred to as the "General Data Protection Regulation") Article 15 (1) (a) and (c) to (d);

personal data. (Recital 7). Finally, the European legislator regrets that Directive 95/46/EC has not avoided the widespread public perception that significant

point 4.7. of the judgment article 6, d) and article 6, e) of the GBA law, but this should be read as article 6.1. d) and Article 6.1. e) of the GDPR. Decision

(2016/679) Article 5 (1) (a), Article 12 (1), (2) and (6) , Article 13, Article 15 (1) (h), (3) and (4), Article 58 (2) (c) and (d) subparagraphs Article 34 (1)

expressed in Article 5 (1 ) (a)) f, and reflected in the obligations set out in Article 24 (1), Article 25 (1), Article 32 (1 ) (b ) and (d) and Article 32 (2)

personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection) (Journal of Laws UE L 119

damages by the plaintiff pursuant to Article 82(1) GDPR, since there have been violations of Article 6(1)(a) GDPR and Article 34 GDPR. The defendant also breached

personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) (Journal of Laws UE L 119

meaning of Article 77 (1) GDPR had not been raised by the plaintiff, it was a "submission" within the meaning of Article 28 (4) of Directive 95/46/EC of the

Regulation 2016/679 (EU) on the repeal of Directive 95/46/EC (hereinafter: GDPR and General Data Protection Regulation) - 25.05.2018-01.09.2021. in the period

norm therefore by article 19 of the LOPD as business data. We consider relevant the legal basis by which, according to the article Article 65 of the LOPD

question in the Directive is not broader in this respect than Article 12 (a). of Directive 95/46 / EC, which the first paragraph of Art. Article 8 of Regulation

be applicable as of May 25, 2018 " . And, in this sense, in recital 171 of the aforementioned RGPD, it is stated: "Directive 95/46 / EC must be repealed

be observed in terms of data quality, which are set by Article 6 thereof directive 95/46 or article 5 of regulation 2016/679 and, on the one hand, to the

of such data and Directive 95/46 / EC Regulation (EU) 2016/679 repealing Directive general data protection regulation) in Article 25 (1) to (2) and default

GDPR 2.1 On 25 May 2018, the GDPR entered into force, replacing the previous EU law data protection regime that applied under Directive 95/46/EC ("Data Protection

sense of Directive 95/46 or of the GDPR. Being of the opposite view, the APD argues, in substance, that article 12, second paragraph of Directive 2002/58

case law formulated with regard to Article 7(e) of Directive 95/46/EC remains relevant today even though Directive 95/46 has been repealed, since this condition

personal data and the free circulation of these data and repealing Directive 95/46 / EC (General Regulation for the protection of data)." Along with the

violation of Article 5(1)(f) GDPR and a fine of €100,000 for the violation of Article 37 GDPR. The DPA issued a reprimand for the violations of Article 5(1)(e)

legitimate interests of the data controller under Article 7 of Directive 95/46 / EC, pages 24 and 25. 4The Privacy Board has elaborated on the additional

personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection ) (Journal of Laws UE L

data, as well as the free circulation of such data and which repeals Directive 95/46 / EC, "General Data Protection Regulation" (hereinafter the "Regulation");

not constitute a complaint under Article 77 GDPR, but a "submission" within the meaning of Article 28(4) of Directive 95/46/EC. In the present case the data

this Directive, Directive 95/46/EC remains unaffected. According to Article 94, paragraph 2, GDPR, references to Directive 95/46/EC are considered references

data, as well as on the free movement of such data and which repeals Directive 95/46 / CE (General data protection regulation, hereinafter "Regulation");

found a violation of Article 12(3) in relation to Article 15 GDPR. The Garante hence applied an administrative fine as per Article 83(5) GDPR. The amount

of personal data and on the free movement of such data and repealing Directive 95/46/EC, "General Data Protection Regulation" (hereinafter referred to as

accordance with Article 32 (2) of the Data Protection Regulation. First 3.2. Article 32 (2) of the Data Protection Regulation 2 Article 32 (2) of the Regulation

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

Regulation (GDPR). (2) The EDPB succeeds the Article 29 Working party set up under Article 29 of Directive 95/46/EC. It is composed of the Member States data

15 GDPR can be used. Paragraph 46 In the decision of the ECJ on Art. 12 of Directive 95/46/EC (Data Protection Directive) (judgment of July 17, 2014, related

personal data and on the free movement of such data and on the repeal of Directive 95/46 / EC (General Data Protection Regulation). 2The Act (2018: 218) with

data, as well as the free circulation of such data and which repeals Directive 95/46 / EC, "General Data Protection Regulation" (hereinafter "RGPD"); GIVEN

Letter b, Article 25 Paragraph 1 and Paragraph 2 GDPR and Article 5 Paragraph 1 Letter f, Article 32 GDPR. 96In detail: 97(a)               Initially, the

these operations are explicitly stated and unconditional in Article 2 (b) of Directive 95/46, must be classified as treatment within the meaning of said

by the data controller data within the meaning of article 7 of directive 95/46/EC, p. 21. 8 “Article 29” Working Party, Opinion 06/2014 on the notion of

of Justice on the right of access under Article 12 of Directive 95/46/EC on 17 July 2014. When creating Article 15 of the GDPR, the European legislator

free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation): (1) Is Article 83(4) to (6) of the GDPR to be interpreted

such data and repealing Directive 95/46 / EC, which is to be applied directly, c) the first paragraph of Article 6 replaces Article 8 of ZVOP-1. The provision

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter AVG; Having regard

cooperate (Article 31 GDPR); - failure to comply with both the accountability obligation (Article 5.2 of the GDPR) and the duty to cooperate (Article 31 of

basis of article 62, § 1 of the WOG transferred to the Disputes Chamber. 2 5. In accordance with Article 95, § 2, 3° of the WOG as well as Article 47 of the

conjunction with Articles 4, sub 11 and 95 of EU Regulation 2016/679 and Article 4(2)(b) of Directive 2019/2161 amending Directive 2011/83/EU, to be interpreted

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

such data and repealing Directive 95/46 / EC, which is to be applied directly, c) the first paragraph of Article 6 replaces Article 8 of ZVOP-1. The provision

to Article 7(e) of Directive 95/46/EC remains relevant to this day. Article 6(1) of the GDPR takes over the wording from Article 7 of Directive 95/46/EC

controller (Article 24 of the AVG) controller (Article 24 AVG), data protection by design and by default (Article 25 AVG), data default settings (section 25 AVG)

involved from the start of the procedure.77. Article 25 of the GDPR in question is reproduced below:"Article 25Data protection by design and data protection

personal data and the free circulation of these data and repealing Directive 95/46 / CE (hereinafter, “General Regulation of data protection "or" RGPD

of personal data and on the free movement of such data and repealing Directive 95/46/EC (basic data protection regulation) OJ L 119 of 4 May 2016, hereinafter

repealing Directive 95/46 / EC, which is, in accordance with its article 99 (2), “applicable from 25 May 2018”. It also follows from Article 96 GDPR that

are not related to Art. 15 GDPR, but to the previous regulation in Directive 95/46/EC are. The assertion of a right to information based on Art. 15 DS-GVO

personal data and on the free movement of such information and repealing Directive 95/46 / EC (general data protection regulation). [2] Act No 502 of 23 May

other legal basis for processing under Article 6 GDPR, the controller had violated Article 5(1)(a) and Article 6(1) GDPR. Taking into account the low income

photographs create the objectives of article 1 and recital 10 of Directive 95/46. The complainant continued by referring to article 7 of the Charter of Fundamental

" 2) Does Article 15 bis of Directive 2002/58/EC of July 12, 2002 violate the right to the protection of personal data enshrined in Article 16 § 1 of the

be based on another legal basis provided for in Article 6 of the GDPR. 25. Under the terms of article L. 213-1 of the Consumer Code: "When the contract

cited in the first indent of the article 3 (2) of Directive 95/46 and, therefore, are not included in that ex- reception. 46 As regards the exception provided

free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR), are: Article 2 Material scope of application 1. This

repealing Directive 95/46 / EC (hereinafter referred to as the General Data Protection Regulation) Article 16, Article 17(1) (a) and Article 5 (1) (d)

meaning of Article 2(d) of Directive 95/46”156. Further, the CJEU also stated that “neither the wording of Article 2(d) of Directive 95/46 nor any other

connected since May 25, 2008; - 682,164 customers had not logged in since May 25, 2010; - 3,620,401 customers had not logged in since May 25, 2013; - 5,790

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter "the Regulation");

system” in Article 2(1) GDPR. In doing so it took Recitals 15 and 27 of the 95/46 directive into account as well as the CJEU decision C-25/17. All of these

sentence 1 BDSG in conjunction with Art. 4.1 lit. A of Directive 95/46/EC, because in a Directive-compliant interpretation of § 1.5 sentence 1 BDSG the

8 personal data and the free movement of such data, and repealing Directive 95/46 / EC (regulation general data protection or GDPR) "1. Each supervisory

and on the free movement of such data and repealing Directive 95/46 / EC - Article 17 Directive 95/46 / EC of the European Parliament and of the Council

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

consent referred to in Article 2(f) and Article 5(3) of the Directive 2002/58, read in conjunction with Article 4(11) and Article 6(1), under a), of Regulation

Data and by which repeals Directive 95/46 / EC (hereinafter General Data Protection Regulation or RGPD), applicable from May 25, 2018. 1. By letter dated

of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; 14See also article 100 of the LCA. 15See section

such media are used solely for transit purposes." This article transposes article 4 of Directive 95/46/EC, which literally states: “Applicable national law

of personal data and on the free movement of such data and repealing Directive 95/46/EC; Having regard to the French act n° 78-17 of 6 January 1978, modified

controller within the meaning of Article 7 of Directive 95/46 / EC ", adopted on April 9, 2014. 10Court eur. D.H., March 25, 1983, Silver et al. United Kingdom

2002/58/EC, but Article 10 of the Data Protection Directive 95/46/EC (Jandt/Schaar/Schulz in Beck'scher Kommentar zum Recht der Telemediendienste, 2013, Section

succeeded the Article 29 Working Party on 25 May 2018, took over and reapproved the documents adopted by the said Group between May 25, 2016 and May 25, 2018,

movement of that data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; 14See article 100 WOG. 15See section 6.3.2.

the notion of legitimate interests of the data controller under Article 7 of Directive 95/46/EC. Admittedly, the non-anonymous version of the decision remains

of personal data and the free movement of these data, and repealing Directive 95/46 / EC (General Regulation on the Data Protection), hereinafter GDPR;

data, on the free movement of data and on the repeal of Directive 95/46/EC ( Data protectionArticle 15, paragraph one, letter c of Regulation (EU) 2016/679

amended by Directive 2006/24/EC of March 15, 2006 and by Directive 2009/136/EC of November 25, 2009 (hereinafter the "ePrivacy" Directive). 21. Article 5(3)

the principle in Article 25 of the Data Protection Regulation. 3.3. Precautions Article 5 (1) of the Data Protection Regulation Article 1 (1) (f) provides

1(a) and (c) is that Article 2(f) and Article 5(3) of Directive 2002/58, read in conjunction with Article 2(h) of Directive 95/46 and with Articles 4(11)

Pursuant to the Article 60 cooperation mechanism, the Swedish DPA held that a controller violated Article 12(3) GDPR by not responding to an Article 15 GDPR access

personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: the "GDPR"). 2. In the course of investigating the

accordance with Article 15 ePrivacy Directive. According to the Directive, Member States may enact laws to limit certain rights outlined in the Directive, including

protection (Article 45) and transfer covered by appropriate protective measures (Article 46). There are also exceptions for special situations (Article 49). In

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard

Chamber decides, pursuant to Article 95, § 1, 1° and of article 98 of the LCA, that the case can be dealt with on the merits. 25. The same day, the parties

Deliberation No 2013-378 of 5 December 2013 on cookies, which was based on Directive 95/46, which was no longer in force on the date of the contested sanction

interpretation of Article 3 (2) of Directive 95/46 / EC and the case law of the European Court of Justice on the succession in Article 2 (2) lit. a) GDPR

data and on the free movement of such data, and repealing Directive 95/46 / EC Pursuant to Article 2 (1) of Regulation (EU) 2016/679 (hereinafter referred

authority. The court stated that Article 82 of the Law Informatique et Libertés was a transposition of article 5(3) of the Directive 2002/58/CE into French Law

should have found an infringement of Article 6 GDPR 102or Article 6(1)(b) GDPR. As the IE SA considered that Article 6(1)(b) GDPR was not breached, the objections

interpretation would, moreover, run counter to the purpose of Article 8(1) of Directive 95/46 and Article 9(1) of the GDPR, consisting in ensuring increased protection

which was issued in compliance with Directive 95/46/EC, is understood as a reference to the GDPR (see also article 94 par. 1 GDPR) . Therefore, for every

personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation on data protection)/. According to Art. 82 sec

122-123 See Article 29 Working Party Opinion 6/2014 on the concept of the controller's legitimate interests in Article 7 of directive 95/46/EC 26See the

personal data personnel and the free movement of such data, and repealing Directive 95/46 / EC; er Having regard to the law of 1 August 2018 on the organization

information obligations under Article 5(1)(a), Article 6(1), Article 12, Article 13, Article 24(1), Article 25(1) and Article 25(2). Share your comments here

succeeded the Article 29 Working Group on May 25, 2018, took up and reapproved the adopted documents by the said Group between May 25, 2016 and May 25, 2018,

provisions of Article 95 §2 and Article 98 of the CPC. They are also notified of the deadlines for submitting their defences, in accordance with Article 99 of

administrative documents , to which Directive 95/46 is not directed (ECJ, ibid., para. 46). The ECJ also clarifies that the directive leaves it up to the member

possible 22 The Disputes Chamber underlines. 23M.n. the former Article 13 of Directive 95/46 of the European Parliament and of the Council of 24 October 1995

and regarding the free movement of such data and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter AVG; Having regard

constitute a violation of Article 5.1.a and Article 6.1 of the GDPR. - pursuant to Article 58.2.c) of the GDPR and Article 95, §1, 5° of the LCA, to order

of personal data, on the free movement of data and on the repeal of Directive 95/ 46/EG (General Data Protection Regulation) – GDPR, OJ No. L 119 of 4 May

personal) data available to it. Since the GDPR according to Art. 1 - like Directive 95/46/EC - is intended to guarantee the protection of data subjects when processing

of personal data and on the free movement of such data and repealing Directive 95/46/EC, "General Data Protection Regulation" (hereinafter referred to as

infringement of article 5.1.c) of the GDPR, in accordance with article 83.5.a) of the GDPR and 72.1.a) of the LOPDGDD. 2-That in application of article 58.2.c)

data, as well as the free circulation of such data and which repeals Directive 95/46 / EC, "General Data Protection Regulation" (hereinafter "RGPD"); GIVEN

provision pursuant to Article 3 Paragraph 2, second indent of Directive 95/46/EC, within the meaning of the provision pursuant to Article 3, Paragraph 2, second

meaning of Article 6(1)(d) and (e) of Directive 95/46, as well as may be the subject of a rectification or erasure under Article 12(b) of the Directive, it must

that uses Article 3(1) of Directive 95/46 includes, in accordance with the definition that appears in article 2, letter a), of said Directive "all information

Pursuant to article 95.2 LCA, the Litigation Chamber hereby informs the parties that following this complaint, a case is pending. Pursuant to article 95.2, 3

data, as well as on the free circulation of such data and repealing Directive 95/46 /CE, "General Data Protection Regulation" (hereinafter "Regulation");

data, as well as the free circulation of such data and which repeals Directive 95/46 / CE, "General Data Protection Regulation" (hereinafter, "Regulation");

of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter "Regulation"); HAVING

this article. According to Article 5, approvals issued by a Member State or a supervisory authority pursuant to Article 26(2) of Directive 95/46/EC shall

based on article 49, paragraph 1, d) of the AVG, which means that there is no infringement is on Article 44, Article 46, Article 24 (1) and Article 5 (2)

as well as to the free circulation of such data and which repeals Directive 95/46 / EC, “General Regulation on data protection "(hereinafter," Regulation

data, as well as on the free circulation of such data and repealing Directive 95/46 /CE, "General Data Protection Regulation" (hereinafter "Regulation");

replaced the Article 29 Working Party since 25 May 2018, took over and re-approved the documents adopted by said Group between May 25, 2016 and May 25 5 2018

pursuant to Article 12(2) GDPR. The DPA ordered the controller to comply with the access request pursuant to Article 58(2)(c) GDPR and Article 95(1)(5) LCA

that Article 3, Article 5, Article 6, Article 7 paragraph 1, Article 8, Article 9 paragraph 1 subparagraph 2, Article 9 paragraphs 3 and 4, Article 10 paragraph

data data and repealing Directive 95/46/EC (hereinafter referred to as the General Protection Regulation data) SL EU 119, Article 34 of the Law on the Implementation

towards those involved (Article 12.1, Article 13.1 and 13.2, Article 14.1 and 14.2, Article 5.2, Article 24.1, and Article 25.1 GDPR) 57 II.4.1. Position

paragraph of Article 95 of the ZVOP-2 in connection with a) point of the fourth paragraph of Article 83 of the General Regulation and when applying Article 114

data of the Council of Europe (ETS 108), it was set out in Article 6.1 b) of Directive 95/46 / EC of the European Parliament and of the Council of 24 October

used in article 3, paragraph 1, of the Directive 95/46 comprises, according to the definition contained in article 2, letter a), of said Directive «all information

Chamber st 2 Litigation under article 62, § 1 of the LCA. 10. Pursuant to article 95 § 2, 3° of the LCA as well as article 47 of the order regulations internal

in accordance with Article 5.1a) GDPR, in conjunction with Article 13 GDPR has not been fulfilled. 23. In accordance with Article 95, § 2, 3° of the WOG

right to privacy. Its tasks are described in article 30 of the Directive 95/46/CE and in article 15 of Directive 2002/58/CE), indicates that: “When analyzing

pursuant to Article 62, § 1 of the LCA. 5. On 10 August 2020 the Contentious Chamber decides, pursuant to Article 95, § 1, 1° and Article 98 of the LCA

Personal Data Directive 7 , as implemented in the Wbp 8 . The right of access was previously laid down in Article 12 of the Personal Data Directive. There are

circulation of these data and repealing Directive 95/46/EC (hereinafter GDPR); infringement typified in article 83.5.a) of the same Regulation and qualified

the provisions as set out in article 95, § 2 as well as in article 98 of the LCA. They are also informed, pursuant to Article 99 of the LCA, of the deadlines

data, as well as the free circulation of such data and which repeals Directive 95/46 / EC, "General Data Protection Regulation" (hereinafter the "Regulation");

personal character and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as

processing of personal data, including under the (repealed) Privacy Directive (Directive 95/46/EC). However, the Court of Justice has consistently held that

protection regulation's article 5, subsection 2, cf. Article 5, subsection 1, letter a, Article 24, cf. Article 28, subsection 1, Article 35, subsection 1, as

here. The CJEU has decided on Article 6 Para. 1 Letter d of Directive 95/46/EC, which is essentially the same as Article 5 Para. 1 Letter d GDPR, that

subject’s request to data erasure (Article 95(1)(5) LCA). The DPA also issued a warning (pursuant to Article 95(1)(4) LCA and Article 58(2)(a) GDPR) for the controller

personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), personal data must be processed

freedom movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). 6See also article 100 of the WOG. Decision on the merits

pursuant to Article 62, § 1 of the LCA. 6. On December 9, 2019, the Litigation Division decides, pursuant to Article 95, § 1, 1° and Article 98 of the ACL

entirety based on Article 17 GDPR. The controller denied this request of erasure. The DPA dismissed the complaint on the basis of article 95, §1, 3° WOG (Law

stored or otherwise processed. It appears from Article 32.2 i data protection regulation. 5 Directive 95/46/EC of the European Parliament and of the Council

agree that Google may inform them free flow of such data and repealing Directive 95/46 / EC (General Data Protection Ordinance) .Data Inspectorate DI-2018-9274

placement out of force of Directive 95/46/EC (hereinafter referred to as the General Data Protection Regulation) SL EU 119, Article 34 of the Act on the Implementation

take place on the basis of Article 6 (1) of the Data Protection Ordinance. Article 9 (1) (d) Article 2 (2) (c) and Article 10. In this connection, the

of such data, and repealing Directive 95/46 / EC (hereinafter "the General Data Protection Regulation") 2. Pursuant to Article 1 (1) of the General Data

held that Article 32 GDPR should be read in combination with Articles 5(2), 24 and 25 GDPR. The principle of accountability, along with Article 24(1) and

processing of personal data, including under the (repealed) Privacy Directive (Directive 95/46/EC). However, the Court of Justice has consistently held that

Chamber of the Data Protection Authority to: pursuant to Article 58, paragraph 2, a) AVG and Article 95, §1, 4 ° WOG to warn the joint warn the joint controller

performance of a contract (Article 6(1)(b) GDPR), and whether a contract with a processor under Article 28(3)GDPRanddataimporter under Article 46(2)GDPRincludes appropriate

movement of such data and Directive 95/46 / EC (hereinafter: the General Decree), point 7 of the first paragraph of Article 49 of the Personal Data Protection

contractual relationship with Giessegi) had no direct responsibility under Directive 95/46/EC and the Privacy Code. On the contrary, the data controllers (such

of the GDPR. This is because Article 5(3) of the ePrivacy Directive refers to the Data Protection Directive (Directive 95/46/EC), which in turn is to be

considering that the controller violated Article 5 GDPR, Article 9 GDPR and Article 32 GDPR, as well as Article 2-septies(8) of the Italian Privacy Code

of such data and repealing Directive 95/46/EC (General Data Protection Regulation; GDPR) are excerpts as follows: “Article 4 Definitions For the purposes

data, as well as the free circulation of such data and which repeals Directive 95/46 / CE, "General Data Protection Regulation" (hereinafter, "Regulation");

freedoms; - the Charter of Fundamental Rights of the European Union; - Directive 95/46 / EC of the European Parliament and of the Council of 24 October 1995;

corresponds to the CJEU case law on the household exception under the old Directive 95/46/EC. The legislative history of the GDPR also supports this interpretation

amended by Directive 2006/24/EC of March 15, 2006 and by Directive 2009/136/EC of November 25, 2009 (hereinafter the “ePrivacy” Directive). 23. Article 5(3)

protection and the free flow of such data, as well as 95/46/EC Directive 2016/679/EU on repealing the directive (hereinafter: general investigation of suspected

on the merits in accordance with Article 98 et seq. WOG , to: - on the basis of Article 58.2, c) GDPR and Article 95, § 1, 5 ° WOG, the controller order

personal data personnel and the free movement of such data, and repealing Directive 95/46 / EC; er Having regard to the law of 1 August 2018 on the organization

meaning of the article 28 of Directive 95/46/EC. The Data Protection Authority (DPA) succeeded it on May 25, 2018 in execution of article 3 of the LCA.

collected after May 25, 2018. This is also supported by the fact that the previous regulation 95/46/EG was repealed with effect from May 25, 2018 and any claims

movement of such data, and repealing Directive 95/46/ EC, PbEU 2016, L 119. 4Case C-300/21, ECLI:EU:C:2022:756. 5 Directive 95/46/EC of the European Parliament

the Italian DPA concluded that the controller breached Article 5 GDPR, Article 6 GDPR and Article 9 GDPR and Articles 2-ter as well as 2-septies (8) of

personal data and to the free movement of these data, and repealing Directive 95/46/EC (general regulation on the data protection), (hereinafter “GDPR”);

in accordance with the rules of the Wbp. This is in accordance with Directive 95/46 / EC of the European Parliament and of the Council on the protection

infringement of Article 28 and Article 32 GDPR, the objection of the HU SA relating to the possible infringement of Article 5(1)(f), Article 32, and Article 34 GDPR

treatment on the merits in accordance with Article 98 et seq. WOG, to: - on the basis of Article 58.2, c) GDPR and Article 95, § 1, 5 ° WOG, the controller order