Search results

factors referred to in Article 4 of [Directive 95/46] are not present: must Directive 95/46 … be applied, in the light of Article 8 of the [Charter], in

light of Article 4 of Directive 95/46, which sets out that each Member State has to apply the national provisions it adopts pursuant to Directive 95/46 to the

was a controller within the definition of a controller under Article 2(d) of Directive 95/46. The company offered educational services through a fan page

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 Recital 171: Repeal of Directive 95/46/EC and Transition Phase Directive 95/46/EC should be repealed by this Regulation.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

consent under Article 6(4) GDPR and further processing for a compatible purpose under Article 6(4) GDPR. See the commentary on Article 6(4) GDPR for details

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

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

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

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

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

Thus, Article 1 st paragraph 2 of the ePrivacy Directive provides that the provisions of this Directive particularise and complement Directive 95/46 / EC

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;

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 Directive 95/46/EC is repealed with effect from 25 May 2018. 2. References to the repealed Directive shall

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

paragraph 3 of this Article. 5. Authorisations by a Member State or supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain

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

subject (Article 12(2) GDPR), respond and communicate the measures taken (Article 12(3) and (4) GDPR), the principle of freedom from costs (Article 12(5)

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

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

"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

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

such performance. Article 7 GDPR regulates the "conditions for consent". It specifies the definition of consent set out in Article 4(11) GDPR and, by integrating

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

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

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

decisions adopted pursuant to Article 45(3) of this Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC; (b) Chapter VII on cooperation

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

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

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

Category:Article 33 GDPR There was no equivalent to Article 33 GDPR under the Data Protection Directive 95/46/EC. Indeed, Article 17 of the Directive only

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

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

and freedoms of individuals", as stated in Article 35(1) and further elucidated in Article 35(3) and Article 35(4) GDPR. The WP29 developed a list of criteria

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

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

those answers prove to be inaccurate, within the meaning of Article 6(1)(d) of Directive 95/46, for example due to the fact that, by mistake, the examination

Charter of Fundamental Rights of the European Union ("CFR"), as well as Directive 95/46/EC. In the event that such verification is successful, the agreement

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

under Article 79 GDPR can be brought both against a controller (as defined under Article 4(7) GDPR) and a processor (as defined under Article 4(8) GDPR)

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

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

The roots of Article 39 GDPR can be partially retraced to the GDPR’s predecessor, the Directive 95/46/EC (DPD). In particular, Article 18 DPD mentioned

policy under Article 13 should not be too long. Article 12 GDPR may be limited by Union or national Law in accordance with Article 23 GDPR. Article 12(1) GDPR

exercising of powers of SAs. It concerned the interpretation of Article 28 GDPR of Directive 95/46, the GDPR predecessor. It stays relevant with regard to concepts

decisions in Category:Article 34 GDPR As with that provision, there was no equivalent to Article 34 GDPR in the Data Protection Directive 95/46/EC. Additionally

(e.g. Article 25 (1) and (2), Article 28(1), Article 32(1) GDPR, Article 89(1) GDPR). These measures can also be regarded as measures under Article 24(1)

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

Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each

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

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

to Article 42(7); (p) specify the requirements referred to in Article 43(3) with a view to the accreditation of certification bodies under Article 42;

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

Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a supervisory authority of each

the relevance of Article 29 GDPR were rooted in the fact that Article 28(3)(b) GDPR already seems to cover much of the scope of Article 29 GDPR. More specifically

point, it is important to note that Article 13(1)(f) GDPR, Article 14(1)(f) GDPR, Article 15(1)(c) GDPR and Article 15(2) GDPR, make specific reference

information society service(s)." According to Article 4(25) GDPR, which in turn refers to Article 1(1) of Directive (EU) 2015/1535, an "information society service"

assessment should not be mandatory. Article 22 GDPR has its roots in Articles 12a and 15 of the 95/46/EC Data Protection Directive (DPD). One of the main differences

Category:Article 37 GDPR The notion of appointing a DPO has its roots in Article 18(2) of the Data Protection Directive 1995 (Directive 95/46/EC) (DPD)

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

with Article 13, Article 14 GDPR gives expression to the principle of transparency enshrined in Article 5(1)(a) GDPR and further defined in Article 12 GDPR

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

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

the code. Although the Data Protection Directive 95/46/EC (DPD) included a provision on codes of conduct (Article 27(1) DPD), this did not include any information

Chair of the Board. Article 75 GDPR establishes the existence of, and governs the functioning of the secretariat of the Board. Article 75 GDPR outlines the

that process them. This was already the case under Article 8(7) of the DPD, the precursor of Article 87 GDPR. In many Member States, the processing of NIN

to in Article 46(2)(d) GDPR, contractual clauses referred to in Article 46(3)(a) GDPR, or binding corporate rules within the meaning of Article 47 GDPR

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

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

dispute resolution mechanism under Article 65 GDPR in connection with Article 63 GDPR is triggered (Article 60 (4) GDPR). Article 60(2) GDPR clarifies that also

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

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

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

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

regime. Article 82(4) and (5) GDPR set out rules concerning the liability relationships in the case of several damaging parties. According to Article 82(4)

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

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

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

disclosed to per Article 4(9) GDPR. Article 19 does not establish any specific time requirement for notification. However, since the purpose of Article 19 is to

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,

The authority addressed under Article 66(1)-(2) GDPR is the CSA within the meaning of Article 4(22) GDPR. In contrast, Article 66(3) refers to “any supervisory

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

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

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

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

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

paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8 of this Article, including

other DPAs concerned. The BCR Lead the submits, following Article 64(1) GDPR and Article 64(4) GDPR, a draft decision to the EDPB. The EDPB, in turn, issues

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

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

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)

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

certain standards of clarity (Article 61(3) GDPR). Requests are imperative and, subject to specific exceptions (Article 61(4) and (5) GDPR), must be fulfilled

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

another Member State in relation to damage referred to in Article 62(4) GDPR. According to Article 62(7) GDPR, if the lead SA does not invite the SA to take

anonymous data. Second, under Article 11(2) GDPR, it would be impossible to inform a data subject who is not identifiable. Under Article 4(1) GDPR, personal data

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

provisions such as Article 30(4) for the record of processing or Article 40(11) for the register of approved codes of conduct, Article 26 does not explicitly

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

that purpose. Article 89(4) GDPR makes it clear that the derogations to the GDPR are only available for processing specified in Article 89 GDPR, and not

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

in Sydow, Marsch, DSGVO, Article 88 GDPR, margin number 4 (3rd edn. 2022, Beck). Article 29 Working Party, WP 136 - Opinion 4 on the Concept of Personal

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

defined by Article 4(2) GDPR), because Article 81(1) GDPR explicitly refers to 'processing by the same controller or processor'. As a result, the Article does

principle of effectiveness under Article 4(3) of the Treaty on the European Union ("TEU"), Articles 8, 41 and 47 CFR, and Article 6 of the European Convention

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

GDPR are Article 4(7) GDPR (definition of controller), Article 4(8) GDPR (definition of processor), Article 4(16) GDPR (definition of main establishment)

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

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

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

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

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

‘offences’ and ‘criminal convictions’ within the meaning of Article 8(5) of Directive 95/46 (and Article 10 GDPR). In addition the court judged that a search

the website controller qualifies as controller (Article 4(7) GDPR) and Google LLC as processor (Article 4(8) GDPR) for data processing in connection with

cancellation of avr med directive 95/46/EC (General Data Protection Regulation). Page 3 of 23The Swedish Privacy Agency Diary number: DI-2020-11373 4(23) Date: 2023-06-30

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

ruling on the following questions: ‘(1) For the purposes of Article 2(h) of Directive 95/46, what conditions must be fulfilled in order for an indication

journalistic purposes within the meaning of Article 9 of Directive 95/46; (3) Whether Article 17 and principles of Directive 95/46 preclude publication of data collected

This was then repealed when the Directive 95/46/EC came into force. The national act which implemented the EU Directive was the Data Protection Act 1998

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

case must be qualified as the EU controller as referred to in Article 2(d) of Directive 95/46. 40 The fact that the Administrator of a Fan Page uses the Facebook

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

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

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

passed the first data protection law in 1979 (BGBl I Nr. 565/1978). Directive 95/46/EC was implemented by the Data Protection Act 2000 (Datenschutzgesetz

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

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

personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). An English translation is available

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

cancellation of avr med directive 95/46/EC (General Data Protection Regulation). Page 3 of 24The Swedish Privacy Agency Diary number: DI-2020-11368 4(24) Date: 2023-06-30

either. 3.4. The right of inspection that was previously laid down in article 12 of the Privacy Directive 95/46 has now been included in article 15 of the

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

cancellation 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

fichiers et aux libertés, so-called law "Informatique et Libertés". Directive 95/46/ex was implemented by the law n° 2004-801 du 6 août 2004 which modified

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

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

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

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

data and repealing Directive 95/46/EC (General Data Protection Regulation = GDPR; OJ EU L No 119, 4.5.2016, p. 1) regulates: Art. 4 GDPR - Definitions

categories of personal data, cf. GDPR article 9 no. 1, cf. article 4 no. 15. The medical list disputes this. Article 4 (15) reads as follows: "For the purposes

the legislator. Article 3(4) of the CKI General Regulation states that the processing of personal data in the CKI is based on Article 6(1)(f) GDPR, because

movement of data and on the repeal of Directive 95/46/EC (General Data Protection Regulation, OJ L 119/1 of May 4, 2016, p. 1; hereinafter "GDPR") to be

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

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

"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

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

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

(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

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

useful clarifications in this regard. 34 Article 5(1)(b), Article 6 ( 1) point a) k and Article 6, paragraph (4), it is clear from the combined reading

assessment framework 4.4. The 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

particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), Directive 2001/29/EC of the European Parliament and of the Council

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

verification of its correctness and to an amendment under Article 12 (b) of Directive 95/46. 46. ​​In those circumstances, extending the right of access

free movement of such data and repealing Directive 95/46/EC (the General Data Protection Regulation), are: Article 5 Principles for the processing of personal

Justice of the European Union of 13 May 2014, in accordance with Article 4(1)(a) of Directive 95/46/EC, considers, in paragraphs 55, 56, 57 and 60, that: "the

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

and on the free movement of such data and repealing Directive 95.4Pub L119/1 Data Protection Directive) IPAGE 01-00001582885-0016-0033-01- � Court of Appeal

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

the obligations and safeguards of Directive 95/46 and Regulation 2016/679 (GDPR). The Court explained that the Directive and GDPR do not indicate that EU

the rule contained in article 4 of Organic Law no. 4/2017, of August 25, for violation of the provisions of article 34, paragraph 4, of the Constitution

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

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

of personal data and the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection), hereinafter GDPR; Considering

Oslo tingrett) in accordance with Article 78(1) GDPR, Article 25 of the Norwegian Data Protection Act and Article 4-4(4) of the Norwegian Dispute Act (in

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

and Article 57(1)(a), Article 58(2)(d) and (i) in connection with Article 5(1)(a), (e) and (f) and (2), Article 24(1) and (2), Article 28, Article 30(1)(d)

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

are, by definition, personal data within the meaning of Article 2(a) Directive 95/46, now Article 4(1) GDPR since they must enable Constantin Film Verleih

refer the following question to the CJEU: "Do Directives 2001/29 and 2004/48, in conjunction with Directives 95/46, 2000/31 and 2002/58, construed in particular

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

Communication Protection Directive (EU Directive 2002/58 / EC, ePrivacy Directive) and Electronic Communications Act § 2-7 b, which implement Article 5 (3) of the

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

constitute personal data under Article 4(1) GDPR? If so, do they qualify as special categories of personal data under Article 9 GDPR? Is the defendant obliged

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

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

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

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

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

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

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

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

added) 30. This case-law, formulated admittedly in the light of Article 7 of Directive 95/46 / EC, is valid for all the bases of lawfulness which retain this

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

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

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

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

such data and repealing Directive 95/46/EC (GDPR), Articles 4 and 38 of the Law of 17 June 2016 'on public procurement', Articles 4, 8 0 and 5 , 9 0 of the

movement of data and on the repeal of Directive 95/46 / EC (General Data Protection Regulation), ABl. No. L 119 of 4.5.2016, p. 1 (GDPR) Because of these

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

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

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 clarified

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

within the meaning of Article 100 of the WOG. The Disputes Chamber has thus decided, on the basis of Article 58.2.c) GDPR and Article 95, § 1, 5° of the WOG

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

Protection Ordinance Article 5, paragraph Article 5 (2) 1, letter c and letter f., Article 5, paragraph Article 6 (1) (a) Article 32 (1), (1), (33) 1 and

access to Article 12 of the Privacy Directive (95/46/EC), which directive has been replaced by the GDPR, the purpose of the Privacy Directive, as the court

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

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

95/46 that the LOPD made at that point, article 7.f) of the Directive was of direct application. Article 7.f) of Directive 95/46, the text of which was practically

he assessment: violation of Article 57.4 AVG (third plea in law from X). X submits that the decision violates Article 57.4 of the AVG where this provision

data, as well as the free movement of such data and which repeals the directive 95/46 / CE (General data protection regulation); Given the Legislative Decree

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 -

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

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)

according to article 4.1 of the GDPR, is data personnel and their protection, therefore, is the subject of said Regulation. In article 4.2 of the GDPR

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

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

question can be regarded as personal data, as defined in Article 4(1) GDPR, cf. Directive 95/45. It therefore follows from paragraph 37 that '… firstly

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

(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

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

in Article 13 of that Directive [ ... ] 34. Consequently, the requirement of a legitimate data processing provided for in Article 6 of Directive 95/46

way of a finding under article 15 of the GDR instead of the provisions of article 15 of the GDR. 36, § 4 and § 5 as well as Article 38, § 1 of the Law of

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

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

other things, article 4 paragraph 1 SUWI and the ZBO register of the Dutch central government. See article 2 paragraph 2 SUWI and article 4 paragraph 1 SUWI

permissible in accordance with Article 133, Paragraph 4, B-VG.The revision is permitted in accordance with Article 133, Paragraph 4, B-VG. text Reasons for the

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

hearing on the merits in accordance with Article 1 98 ff WOG , to: - on the basis of Article 58.2, c) AVG and Article 95, §1, 5° WOG to order the defendant that

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

identifiable natural person (4), are the same as those that applied to land repealed by Regulation 2016/679 of Directive 95/46 / EC. Relevant guidance on

of personal data and on the free movement of such data and repealing Directive 95/46 / EC SLEU L119 (hereinafter referred to as the "General Regulation")

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)

objection for data processing under Article 21 GDPR and the principle of liability under Article 2(4) GDPR and Article 24 GDPR. The complainant, the data

15 Pursuant to Article 83 GDPR in conjunction with Article 4 No. 7 and 8 GDPR, fines for violations of the GDPR pursuant to Article 83(4) to (6) GDPR are

basis of article 58.2.a) of the GDPR and of article 95, § 1, 4° of the LCA, to send a warning concerning a possible breach of articles 12.3, 12.4 and article

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

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

movement of data and on the repeal of Directive 95/46 / EC (General Data Protection Regulation, OJ L 119/1 of May 4, 2016, S 1; hereinafter "GDPR") to the

on the merits in accordance with Article 98 et seq. DPAA, to: - pursuant to Article 58.2(c) of the GDPR and Article 95(1)(5) of the DPAA , to order the

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

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

to be qualified as a health data pursuant to Article(4)(15) GDPR and that the scope of protection of Article 9(2) must be taken into account as a standard

personal data within the meaning of Article 4(2) in the course of proceedings under both Articles 77 and 78 of the GDPR. Article 4(2) refers to disclosure as a

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)

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

obligation (Article 4:32 § 1 Wft). Therefore, Article 6(1)(c) GDPR was relevant. However, the Court highlighted that the phrase "at least on" in Article 6(1)

respectively. 46 In the fourth place, the referring court infers from Article 4(1)(b) and (c), Article 8(1) and (2) and Article 10 of Directive 2016/680 that

the Litigation Division under Article 62§ 1 of the LCA. 2 4. Pursuant to Article 95 § 2, 3° of the LCA as well as Article 47 of the Internal Rules of DPA

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

the repeal of Directive 95/46/EC (General Protection Regulation data) SL EU L119. 3 The General Data Protection Regulation in Article 4, Paragraph 1, Point

on 4repeal of Directive 95/46/EC (General Data Protection Regulation). and protection of privacy in the electronic communications sector (Directive on

than Directive 95/46, because the GDPR's right to object does not limit the grounds on which data subjects may request erasure pursuant to Article 17 para

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

likely to violate the provisions of the RGPD (article 58.2 a) of the RGPD, article 95.1, 4 ° and article 100.1, 5 ° LCA). The reprimand (or call to order)

the Safety House is in accordance with Article 5, paragraph 1, preamble and under b, of the GDPR. 4.4. Article 6, paragraph 1, opening words, of the GDPR

processing 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 to the controller order

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

European Union of dated 13 May 2014, considers in accordance with Article 4(1)(a) of Directive 95/46, in paragraphs 55, 56, 57 and 60, the following: "it should

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

the right of access under Article 15(4) of the GDPR or section 22 of the DDPA can be invoked. It follows from Article 15 (4), that the right to obtain

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

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

Protection Officer (DPO) under Section 4 of Chapter 4 of the GDPR (see in particular Article 37 GDPR to Article 39 GDPR). One of these audit proceedings

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

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

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

decided the following: Article 66 GDPR gives the possibility for a procedure of urgency and from this article (and Article 66 and Article 62 GDPR), the European

obligations under Article 6, §2, al. 5 and Article 9 of the Camera Act 1 2. there is a serious indication that article 6, § 2, al. 4 of the aforementioned

personal data and on the free movement of such data and on the repeal of Directive 95/46/EC(GDPR) to pay G. Atanasova and S. Atanasov the amount of BGN 250 for

the right of access (Article 12(4) GDPR). The DPA held that data concerning the vehicle of the complainant is personal data (Article 4(1) GDPR), since the

its invalidation Directive 95/46/EC (General Data Protection Regulation) SL EU 119. The General Data Protection Regulation in Article 4, Paragraph 1, Point

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

permissible in accordance with Article 133, Paragraph 4, B-VG.The revision is permitted in accordance with Article 133, Paragraph 4, B-VG. text Reasons for the

free movement of such data and repealing Directive 95/46 / EC (General Regulation on data protection). Article 2, paragraph This Regulation shall apply

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

the basis of Article62, §1 WOG.4. On 23 August 2019, the Disputes Chamber will decide in accordance with Article 95, §1, 1 ° and Article98 WOG that the

with Article 7 and Article 60 of the Act of 10 May 2018 on personal data protection (Journal of Laws of 2019, item 1781) and pursuant to Article 31 and

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

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

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

repealing Directive 95/46 / EC (general data protection regulation). [2] See also the Data Protection Regulation's preamble recital 86 and the Article 29 Working

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

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

free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, OJ L 119/1 of 4 May 2016, p. 1; hereinafter "GDPR") preclude

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

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

came into force on 25 May 2018. The previously applicable Privacy Directive (Directive 95/46/EC) and the Personal Data Protection Act (Wbp) based in part on

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

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

The GBA was thus established on the basis of Article 4, §1, first paragraph WOG. It is true that, as Article 4, § 1, second paragraph WOG expressly confirms

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, "Regulation");F

personal data and on the free movement of such data and repealing of Directive 95/46 / EC (General Data Protection Regulation). The investigation was launched

(definition) Article 4.1: Data subject (definition) Article 4.2: Processing (definition) Article 4.3: Restriction of processing (definition) Article 4.4 : Profiling

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

subject to the derogations and exceptions provided for in Art. 9 of Directive 95/46 (see ECJ 01.06.2017, C-345/17, Rz 58 [Sergejs Buivids and Datu valsts

the Data Protection Act 1998 sought to implement Article 23 of the (old) Data Protection Directive (95/46/EC) which provided:
 
 "Member States shall

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 petition in this

(definition) Article 4.1: Data subject (definition) Article 4.2: Processing (definition) Article 4.3: Restriction of processing (definition) Article 4.4: Profileing

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

connection with Article 31, Article 58(1)(e) and (f) in connection with Article 83(1-3) and Article 83(5)(e) of Regulation 2016/679 of the European Parliament

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,

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

and Article 66.2 WOG); and • compliance with the transparency obligations (Article 12 GDPR) and the te provide information (Article 13 GDPR). Page 4 Substance

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

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

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

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

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”;

free movement of such data and repealing Directive 95/46/EC (Basic Data Protection Regulation - DSGVO; OJ L 119, 4.4.2009, p. 1) will not apply to the processing

Justification . Pursuant to Article 78 paragraph 1, Article 79 paragraph 1 point 1 and Article 84 paragraph 1 point 1-4 of the Act of 10 May 2018 on the

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

three are 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

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

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

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

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)

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

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

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

alleged violation of article 28 of the RGPD in relation to the Article 24 of the RGPD punishable in accordance with article 83.4 of the RGPD, for the alleged

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

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

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

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

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

and on the free movement of such data and on 08-657 61 00 Repeal of Directive 95/46 / EC (General Data Protection Regulation). Page 1 of 5Integritetsskyddsmyndigheten

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

company was not compliant with Article 13 GDPR. The CNPD held that the controller infringed Article 5(1)(c) GDPR and Article 13 GDPR and decided to: - impose

on the basis of the notification, Article 57 (1) f) of the General Data Protection Regulation and Article 38. § Article 1Regulation (EU) 2016/679 of 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 Act for

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

of the name belongs to this personal data. 5.4.4. The GBA rightly states that in accordance with Article 4.1) of the GDPR "personal data" "all information

16 - Article 5 (2) of the GDPR, - Article 7 (1) of the GDPR, - Paragraphs (1) – (4) of Article 12 of the GDPR and - Article 15 (1) and Article 17 (1)

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

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

of personal data and on the free movement of such data and repealing Directive 95/46/EC (basic data protection regulation) - DSGVO. With regard to Camera

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

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

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

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

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

submitted its observations, which, in accordance with Article 54(1)(b), (3) and (4), (4) and (4), (5) and (5), (5) and (5), (5) and (5), (5) and (6). 2

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

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

Protection Officer (DPO) under Section 4 of Chapter 4 of the GDPR (see in particular Article 37 GDPR to Article 39 GDPR). One of these audit proceedings

the rights of the data subject, violated Article 12 of the Decree. Article 15 (4), Article 15 (1) and Article 18 (1) (c) respectively. The Obliged - a

of Justice directly clarify the understanding of the EU Privacy Directive (Directive 95/46), the judgments are relevant for the interpretation of the new

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

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

that there was a personal data breach pursuant to Article 4(12) GDPR. Moreover, it stated that Article 32(1) GDPR obliges controllers to take appropriate

the Data Protection Regulation[1] Article 9, subsection 2, letter a, and Article 6, subsection 1, letter a, cf. article 4, no. 11. Furthermore, the Danish

states in 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

in the workplace, the Working Group for Data Protection from Article 29 of Directive 95/46/EC (currently the European Data Protection Board) expresses 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

relevant objection on the draft decision in accordance with Article 4(24) GDPR and Article 60(4) GDPR and the LSA does not intend to follow the relevant and

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

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

concept of legitimate interests of the data controller under Article 7 of Directive 95/46 / EC, WP217, p. 24. 5No complain personally, her sole proprietorship

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

(2), Article 60, Article 101, Article 101a and Article 103 of the Act of 10 May 2018 on personal data protection (Journal of Laws of 2019, item 1781) and

Ordinance, cf. Article 4 no. 2. The search engine provider is responsible for the processing of personal data this connection, cf. Article 4 no. 7. This is

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

can find Yle's news article with the title . Behind the URL search result link 4, on the other hand, you can find Alibi's news article with the title . Such

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

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

into force: "According to Article 16 sentence 1 GDPR, every data subject has the right to request the controller (see Article 4(7) GDPR) to correct incorrect

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

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

Art. 8, Paragraph 1 of Directive 95/46, the judgment of the ECJ of November 6, 2003, C-101/01, margin no. 50). According to Art. 4 No. 15 GDPR in conjunction

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

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

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, GDPR, of which the company was informed on the same day. During

had fulfilled its obligation to provide information pursuant to Article 12(3) and Article 4(7) of the Basic Law (Voriger SuchbegriffDSGVONächster Suchbegriff)

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

technical and organisational measures' in Article 32 AVG are a continuation of what already applied under Directive 95/46/EC and the Personal Data Protection

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

be covered by Article 13(1)(d) or (f) of that directive? 3) The referring courts ask whether Article 12(a) of Directive 95/46 and Article 8(2) of the Charter

conditions for a valid consent are set out in Article 4 (11) of the Data Protection Regulation. [2] and Article 7. In order to be valid, consent must be voluntary

Protection Officer (DPO) under Section 4 of Chapter 4 of the GDPR (see in particular Article 37 GDPR to Article 39 GDPR). One of these audit proceedings

of these data and which repeals Directive 95/46/EC (General Regulation of data protection, GDPR) defines in its article 4.14 the biometric data as “personal

Justice to give a preliminary ruling on the following questions: Is Article 2 of Directive 95/46 … to be interpreted as meaning that the record of working time

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

European Union, pursuant to Article 44 of this text: - adequacy decisions (Article 45); - the appropriate guarantees (Article 46); In the absence of an equivalent

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

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)

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

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

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:

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

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

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

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

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

paper has been disposed of for shredding. 4.1. Article 32 of the Data Protection Regulation Pursuant to Article 32 (1) of the Data Protection Regulation

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

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

of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General data protection regulation). [2] Case C-673/17, Bundesverband

the general data protectionArticle 5 (1) (a), Article 5 (2), Article 12 (1) and (4) ofArticle 14, Article 15 and Article 21 (4).1.3. The Authority condemns

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

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).

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

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

repealing Directive 95/46 / EC (general data protection regulation). [2] See Pre-Template Recital 86 of the Data Protection Regulation and Article 29 of the

personal data and on the free movement of such data, and repealing the Directive 95/46/EC (GDPR); Having regard to law no. 78-17 of January 6, 1978, as amended

fields in which the municipality could check whether Article 6 information, Article 9 information and Article 10 information are processed in connection with

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

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

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);

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

(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)

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

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

the previous regime of Directive 95/46/EU. The DPA found that taking into account the interpretation of Article 12 Directive 95/46/EU by the CJEU, a on-the-spot

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

Facebook page is responsible processor within the meaning of Article 2 point d of Directive 95/46. d) It is clearly stated in IKÜM that a statement from the

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

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

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

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

such data and repealing Directive 95/46/EC, 'General Data Protection Regulation' (hereinafter 'GPSD'); Having regard to Article 154(1)(g) of the Personal

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

principles of Directive 95/46 / EC are maintained. Also comes the content of the definitions of 'controller',as included in Article 2 (d) of Directive 95/46 / EC

creditworthy. 4Opinion 06/2014 on the notion of legitimate interests of the data controller under Article 7 of Directive 95/46 / EC, pages 24 and 25. 4The Privacy

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

free movement of such data and repealing Directive 95/ 46/EC (General Data Protection Regulation, OJ L 119 of May 4, 2016, p. 1, hereinafter: GDPR) in conjunction

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

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

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]

terms should the weighting provided for in Article 7.f) of Directive 95/46 / EC be carried out -current article 6.1.f) of the General Regulation (EU) - between

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

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

movement of such data and on repeal of Directive 95/46 / EC (General Data Protection Regulation) of 27 April 2016 , OJ of 4.5.2016 , L 119/1 , hereinafter Regulation

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

personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).Privacy Protection Authority

pursuant to Article 58, paragraph 2, of the Regulation, with this measure. Pursuant to Article 78 of the Regulation, Article 152 of the Code and Article 10 of

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

defendant is Article 159(2)(4) of the Polish Telecommunications Law, in conjunction with Article 30, Article 32(2), Article 42(1) and Article 45(1) of the

Parliament and of the Council (General Data Protection Regulation) Article 4(11), Article 7(3) and (4).

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

protection over the perceived legitimate interest (see with regard to Directive 95/46 / EC the judgment of the ECJ of December 11, 2019, C- 708/18 [TK] margin

the treatment is based on consent in accordance with Directive 95/46 / EC, it is not necessary 3 Page 4 JURISPRUDENCE that the interested party give his consent

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

definition of "personal data" according to Article 2 (a) of Directive 95/46 / EC has been adopted in Article 4 (1) GDPR. A person is clearly identified if

Kühling/Buchner, DS-GVO/BDSG , Article 4 GDPR, paragraph 8; Ernst in Paal/Pauly, GDPR/BDSG, 3rd edition 2021, Article 4, paragraph 14; Cologne Higher Regional

communications under Article 14 GDPR were not legally necessary, as in the present case, Article 23 GDPR restrictions were applicable. Article 23 GDPR establishes

equipment? - Question 4: Are Articles 2(f) and 5(3) of Directive 2002/58EC, read in conjunction with Article 4(11), Article 95 and Recital 4 of Regulation (EU)

contrary, Directive 95/46/EC regulated the matter. However, the legal reasoning developed by the court substantially follows the structure of Article 17 GDPR

connection with Article 5 paragraph 1 point a, Article 5 paragraph 2, Article 6 paragraph 1, Article 7 paragraph 3, Article 12 paragraph 2, Article 17 paragraph

the requirement in Article 13 (1) of the Data Protection Ordinance. Article 12 (2) (b) in conjunction with the requirement of Article 12 (2) of the Regulation

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

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

to the definition in Art. 4 No. 1 of the GDPR, which now replaces Art. 2(a) of Directive 95/46/EC. 20 According to Article 4(2) of the GDPR, processing

movement of data and on the repeal of Directive 95/46/EC (General Data Protection Regulation, OJ L 119/1 of May 4, 2016, p. 1; hereinafter referred to as

Protection, pursuant to Article 83(3) and Article 83(4)(a) and Article 83(5)(e) of Regulation 2016/679, in conjunction with Article 103 of the Personal Data

Preamble to the AVG that the objectives and principles of Directive 95/46/EC remain valid, (...). Article 12 of the AVG, on the transparent information, communication

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

provided for in Directive 95/46/EC. This interpretation may continue to apply to the definition of character data personnel provided for in Article 4.1. of the

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

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

and the protection of such data and repealing Directive 95/46 / EC the right of rectification under Article 16 of the Regulation (hereinafter referred to

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

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

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

Protection, pursuant to Article 83(3) and Article 83(4)(a) and Article 83(5)(e) of Regulation 2016/679, in conjunction with Article 103 of the Personal Data

movement of such data and repealing Directive 95/46 / EC (General data protection regulation). [2] See also Article 29 Working Party Guidelines on Consent

personal data, as well as the free movement of such data and repealing Directive 95/46/ CE, “General Data Protection Regulation” (hereinafter, “Regulation”);

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

meaning of the term “filing 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

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

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)

elements according to Article 83 GDPR, the DPA imposed a fine in the amount of €18,000 for a violation of Article 5, 9, 32 GPDR and Article 157 of the Italian

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)

connection with Article 31, Article 58(1)(e) in connection with Article 83(1-3) and Article 83(5)(e) of Regulation 2016/679 of the European Parliament and of

with Article 4 WOG. 17. First, it is clear that the content of the disputed e-mail messages constitute personal data within the meaning of Article 4.1. AVG

83(4) and (5) GDPR) 7.36 The infringement of Article 5(1)(f) GDPR falls within Article 83(5)(a) GDPR, whereas Article 32 falls within Article 83(4)(a)

personal data and on the free movement of such information and repealing Directive 95/46 / EC (general data protection regulation). [2] Executive Order No. 715

implementation in national law of the provisions then in force of Article 24 of Directive 95/46/EC of 24 October 1995, which left it up to the Member States

ruling: " 1) Should Articles 1st §2 and 15 bis §4 of Directive 2002/58/EC of July 12, 2002 and Article 56 §1 of Regulation (EU) 2016/679 of April 27, 2016

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

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

cross-border data processing [...]. The Court of Justice’s case-law on Directive 95/46/EC and Article 100a TEC to date has not adopted such a narrow understanding

requests it. ". 26. Article D. 213-1 of the same code provides that "[t]he amount mentioned in article L. 213-1 is set at 120 euros" and article D. 213-2 provides

the provisions of art. 5, par. 1, of the Code, of art. 4, par. 1, lett. a), of the Directive 95/46/EC, (applicable at the time when the facts occurred),

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.

movement of such data, and repeating Directive 95/46/EC (General Data Protection Regulation) as follows: Article 80 Representation of data subjects 1.

LOPD. This resolution warns about the provisions of article 95.3 of the On the other part, article 95.3 of Law 39/2015, of October 1, on Administrative Procedure

Litigation Chamber st 2 pursuant to Article 62, § 1 of the LCA. 4. Pursuant to article 95 § 2, 3° of the LCA as well as article 47 of the rules of order inside

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

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

Fashion ID, 6 in which the CJEU explains Article 7 (f) of Directive 95/46, 7that is substantively equal to Article 6, first paragraph, opening lines and under

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

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

constitute personal data. 3.4 The processing constitutes profiling 3.4.1 Applicable regulations Profiling is defined in Article 4.4 of the Data Protection Regulation

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

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

the meaning of Article 100 of the WOG. The Disputes Chamber has thus decided, on the basis of Article 58.2.a) GDPR and Article 95, § 1, 4° of the WOG, to

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 data, and repealing Directive 95/46 / EC (General Data Protection Regulation) (Journal of Laws UE L 119

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

Member States, the concept of necessity as it results from Article 7 (e) of Directive 95/46, which aims to precisely delimit one of the hypotheses in which

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

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

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

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