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protection policy at the University. In the remaining scope, i.e. in point 3.3.16, 3.3.19 above analysis, the University indicated that the analysis clearly

repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; 14See also article 100 of the LCA. 15See section 6.3.2. and sections

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

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

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

4(1)(a) of Directive 95/46/EC; therefore, the supervisory authority of that Member State may exercise, pursuant to Art. 28(1) and (3) of the Directive, all the

and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter “GDPR”; Having regard to the Law of December 3, 2017 establishing

consent in accordance with Article 5.3 of the eData Protection Directive or covered of the exceptions in Article 5.3 of that directive can only be further processed

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

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

Data Protection Regulation5. Article 5 (1) (a), Article 5 (2) and Article 13 Article 1 (1) to (2). III.3. JogkövetkezményekIII.3.1. The Authority is responsible

court found that the right to a copy under Article 15(3) GDPR is independent from the right to access under Article 15(1) GDPR and is to be construed extensively

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

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

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

protection (...)". According to Article 46 of the Regulation: "1. In the absence of a decision pursuant to Article 45(3), the controller or processor may

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

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

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 repealing Directive 95/46 / EC (General Regulation on the Data Protection), hereinafter GDPR; Having regard to the Law of 3 December 2017 establishing

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

and on the free movement of such data, and repealing Directive 95/46/EC and Article 10 of Directive (EU) 2016/680 of the European Parliament and of the

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) of

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)

Data Protection Regulation. Pursuant to Article 8 (3) no. 2 UWG in conjunction with § Article 8 (1) and Article 3a UWG authorise competition associations

orders are made by way of a resolution, unless a ruling is required. 3.3. on A) 3.3.1 Section 69 (4) of the DSG does not contain any transitional provisions

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

and the Council in the context of Article 31, Article 58(1)(e) in conjunction with Article 83(1) to (3) and Article 83(5)(e) of Regulation 2016/679 of

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

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

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

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

data, and repealing Directive 95/46 / EC (General Data Protection Regulation), hereinafter "GDPR"; Considering the Law of December 3, 2017 establishing

movement 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

(section 3): "decides the Dispute Resolution Chamber of the Data Protection Authority to: pursuant to Article 58, paragraph 2, a) AVG and Article 95, §1, 4

data, and repealing Directive 95/46/EC (General Regulation on the data protection), hereinafter “GDPR”; Having regard to the Law of 3 December 2017 establishing

infringement committed to Article 12.3 and 12.4 GDPR as well as to Articles 11 §3, 11/1 § 3, 11/2§3 and 11/3 §3 of the law of 3 August 2012 . 2.3.2. With regard to

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 / EC, "General Data Protection Regulation" (hereinafter the "Regulation");

15 GDPR. In the decision of the ECJ issued on Article 12 of Directive 95/46/EC (Data Protection Directive) (judgment of July 17, 2014, joined cases C-141/12

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

and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter “GDPR”; Having regard to the Law of December 3, 2017 establishing

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

issue (§ 97 paragraph 3 of Act No. 127/2005 Coll.) is not in accordance with Article 15 ePrivacy Directive. According to the Directive, Member States may

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

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

data, and repealing Directive 95/46/EC (General Regulation on the data protection), hereinafter “GDPR”; Having regard to the Law of 3 December 2017 establishing

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

flow of such data and on the repeal of Directive 95/46/EC (General Data Protection Regulation). Doc.Id 1637301 Page 3 ADMINISTRATIVE COURT JUDGMENT 1930-23

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

as Article 57 (1) (a), Article 58 (2) (e) and (i), Article 83 (1) - (3) and Article 83 (4) (a) in connection with Article 33 (1) and Article 34 (1), (2)

such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

Litigation Chamber 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

data, and repealing Directive 95/46/EC (General Regulation on the data protection), hereinafter “GDPR”; Having regard to the Law of 3 December 2017 establishing

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

para 3.4) On 1 April 2022, the DPC shared its Draft Decision with the other Data Protection Authorities (DPAs) in accordance with Article 60(3) GDPR.

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

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

such data and repealing Directive 95/46/EC (general Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

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) of

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

specific provisions of Chapter 3 of this federal law take precedence 2.3. Art. 5 GDPR reads: 2.3. Article 5, GDPR reads: "Article 5 Principles for the processing

DPA's invitation to comply, breaching Article 12 GDPR, Article 15 GDPR, Article 16 GDPR, Article 17 GDPR and Article 18 GDPR. Thus, due to the aformentioned

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

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

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; Having regard to the French act n° 78-17 of 6 January 1978, modified

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

and "criminal convictions" pursuant to article 8, paragraph 5, first subparagraph, of directive 95/46 and article 10 of regulation 2016/679 , and this regardless

this data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the Law of 3 December 2017 establishing

protection regulation, article 32, subsection 1. 3.2. Article 33 of the Data Protection Regulation It follows from the regulation's article 33, subsection 1

Litigation Chamber 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

The DPA also held that the controller violated Article 2-ter(1)(3) of the Italian Privacy Code. Article 2-ter provides rules for the processing of personal

the contract (Article 6(1)(b) GDPR), nor could be based on legitimate interest of the controller (Article 6(1)(f) GDPR). Consent (Article 6(1)(a) GDPR)

(recital 7.2.3.). [120] 3.1. The Court of Justice of the European Union (ECJ) decided on the essentially identical Art 3 (2) second indent of RL 96/46 (“Data

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

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

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

representative in the territory of the Union pursuant to Article 3 para. 3 in conjunction with Article 27 para. 1 DPA. Since the appointment of a representative

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

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

controller has acted in violation of Article 12.3 and 12.4 GDPR, as well as Article 17.1 GDPR. 2 1 Article 12 GDPR […] 3. The controller shall provide the

of the GDPR and the ePrivacy Directive respectively. While the interaction between the ePrivacy Directive and Directive 95/46 has already been addressed

basis of article 62, § 1 2 of the WOG transferred to the Disputes Chamber. 4. In accordance with Article 95, § 2, 3° of the WOG as well as Article 47 of the

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 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

2017-2018, 34 851, no. 3, p. 46. 12Directive 2013/37 / EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98 / EC on the

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

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

to in Article 2.3.2 or by virtue of Article 2.3.8, 5.2.2, 5.2.3, 5.2.4 or 5.2.5 and necessary for the implementation of Article 2.1.4, 2.1.5, 2.3.2, 2.3

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

information, 3F Østfyn has not complied with Article 5 (1) (d). . 3.2. Article 32 of the Data Protection Regulation It follows from Article 32 (1) of the

data, and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter “GDPR”; Having regard to the Law of 3 December 2017 establishing

based on Article 95, § 1, 5° WOG (law establishing the Belgian DPA) and Article 58(2)(c) GDPR. This order was not a final decision in light of article 100 WOG

Litigation Chamber in 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

basis of Article 62, § 1 of the WOG transferred to the Disputes Chamber. 2 7. In accordance with Article 95, § 2, 3° of the WOG as well as Article 47 of the

this data, and repealing Directive 95/46 / EC (General Data Protection Regulation), hereinafter "GDPR"; Having regard to the Law of 3 December 2017 establishing

defined in Article 4(15) GDPR. For the reasons stated above, the DPA found the controller in violation of Article 5 GDPR, Article 9 GDPR and Article 32 GDPR

amended: Article 3,, Article 4, number 11,, Article 7,, Article 51, paragraph one,, Article 12, paragraph 3,, Article 17,, Article 19,, Article 57, paragraph

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 establishing

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

such data and repealing Directive 95/46/EC (general Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

breaching Article 37(7) GDPR. Observing Article 48 of the National Data Protection Law, the DPA may impose administrative fines as provided in Article 83 GDPR

personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter "the GDPR"). 4. On December 4, 2018, the CNIL received

such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

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

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

based on Article 6.1.f) of the GDPR, but not for all processing based on this article. […] 73 74Investigation report, page 22, point 4.4.2.3.3. WP 260 rev

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

to provide any justification (Article 21.2 GDPR and Article 21.3 GDPR) . The controller has within one month (Article 12.3 GDPR) after receipt of the complainant's

character and on the free movement of such data, and repealing the Directive 95/46 / EC; er Considering the law of August 1, 2018 on the organization of

such data and repealing Directive 95/46/EC (general Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the law of 3 December 2017 establishing

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

data, and repealing Directive 95/46/EC (General Regulation on the data protection), hereinafter "GDPR"; Having regard to the Law of 3 December 2017 establishing

data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter "the AVG"; Having regard to the Act of 3 December 2017 establishing

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

establishments in the EEA (Article 3(1) GDPR), there was no offering of goods and services to data subjects in the EEA (Article 3(2)(a) GPDR) nor did any

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)

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

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

has violated: iv. Article 4.11), Article 5.1.a) and 5.2, Article 6.1.a), as well as Article 7.1 and 7.3 GDPR; v. Article 5, Article 24.1, as well as Articles

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

2(1)(c)(ii) of the Act which transposes Art. 6(1)(b) of Directive 95/46/EC (“the “Data Protection Directive”). She also made extensive reference to the, - 16

the audio recordings in question. 3.3. Handling of deletion request Article 12 (1) of the Data Protection Regulation 3, it follows that the data controller

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

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)

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

and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the law of 3 December 2017 establishing

and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the law of 3 December 2017 establishing

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

data, and repealing Directive 95/46 / EC (General Regulation on theData Protection), hereinafter GDPR;Having regard to the Law of 3 December 2017 establishing

on the basis of Article 62, § 1 WOG 3 transferred to the Disputes Chamber. 8. In accordance with Article 95, §2,3°WOG as well as Article 47 of the internal

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

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

of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), hereinafter GDPR; In view of the law of 3 December 2017 establishing

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)

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

GDPR). 5Article 29 Working Party Opinion 06/2014 on the notion of legitimate interests of the data controller under Article 7 of Directive 95/46/EC of 9

infringement was committed committed to Article 12.3 AVG in conjunction with Article 15 AVG and Article 21.2 and 21.3 AVG. III. Publication and communication

and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the law of 3 December 2017 establishing

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

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

of Article 62, § 1 of the WOG has been transferred to the Disputes Chamber. 4. In accordance with Article 95, § 2, 3° of the WOG as well as Article 47

such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

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

application of article 95. 1.3° of the Law of3 December 2017 establishing the Data Protection Authority (hereinafter, the ACL). Under Article 108.1 LCA, this

data, and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter GDPR; Having regard to the Law of 3 December 2017 establishing

subject objects to the processing in accordance with Article 21(2), [...]'. In paragraph 3 of the same article it is defined that "paragraphs 1 and 2 do not apply

such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

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

Protection Commissioner’ provided that “fi]s apparent from Article 6(1)(d) of Directive 95/46 that the assessment of whether personal data is accurate and

under er Article 62, § 1 of the LCA. er 3. On December 16, 2019, the Contentious Chamber decides, in respect of article 95, § 1, 1 ° and of article 98 of

and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter “GDPR”; Having regard to the Law of December 3, 2017 establishing

such data and repealing Directive 95/46/EC (general Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

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

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

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, and repealing Directive 95/46/EC (General Regulation on the data protection), hereinafter "GDPR"; Having regard to the Law of 3 December 2017 establishing

and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the law of 3 December 2017 establishing

envisaged as follows. 22. In paragraph 3.3. Legal Protection' of the AVG Implementation Act, Article 34 reads as follows: Article 34. Applicability of the General

concluded a prima facie breach of Article 15 GDPR and Article 17 GDPR in combination with Article 12(3) GDPR and Article 12(4) GDPR, because the controller

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

execution of paragraphs 2 and 3 in the challenged directive of September 27, 2021 does not meet the requirements of Section 80 (3) sentence 1 VwGO: 25 It is

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

taken from the basis of Directive 95/46 and equivalent to an adequacy decision within the meaning of Article 45, paragraph 3 of the General Data Protection

notion of legitimate interests of the data controller under Article 7 of Directive 95/46/EC, Article 29 Data Protection Working Party, 9 April 2-14, p. 24.

it according to Article 19 GDPR. The DPA held that the controllers could have breached Article 21(2) GDPR, Article 21(3) GDPR and Article 17(1)(c) GDPR in

data and revocation of Directive 95/46/EC (General Data Protection Regulation), - hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

such data and repealing Directive 95/46/EC (general Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

data subject. This resulted in a violation of Articles 15(1), Article 15(3) and Article 12(3) GDPR. The data subject requested that he would remain anonymous

repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter "GDPR". Protection), hereinafter "GDPR"; Having regard to the Act of 3 December

and repealing Directive 95/46/EC (general regulation on the data protection), (hereinafter “GDPR”); Having regard to the Law of December 3, 2017 establishing

data, and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter GDPR; Having regard to the Law of 3 December 2017 establishing

Litigation Chamber st 2 pursuant to Article 62, § 1 of the LCA. 5. Pursuant to article 95 § 2, 3° of the LCA as well as article 47 of the rules of order inside

obligation as referred to in Article 33 or 34 of the Wbp. 3. Telephone numbers for two-factor authentication (claim a.i.3) 11.60. Claim a.i.3 relates to the use

breach". Under Article 33 GDPR, it is the controller's duty to report breaches, while processors may assist as outlined in Article 28(3)(f) GDPR. In fact

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

and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the law of 3 December 2017 establishing

data and revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

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

data, and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter GDPR; Having regard to the Law of 3 December 2017 establishing

Opinion 3/2012, on the evolution of biometric technologies of 04/27/2012, of the Article 29 Working Party (set up under Article 29 of Directive 95/46/EC, European

2008/977/JHA. 3 Article 2, second paragraph, preamble and under d) of the GDPR and Article 1, first paragraph, of the Directive. 4 Article 4, preamble,

movement of such data and to revoke Directive 95/46 / EC (General Data Protection Regulation); In view of the law of 3 December 2017 establishing the Data

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

the Data Protection Directive, and is spelt out in article 1 which states: “Object of the Directive In accordance with this Directive, member states shall

European Union on the similarly worded predecessor provision in Art. 3 Para. 1 of Directive 95/46/EC on the protection of natural persons with regard to the processing

Recital 75 and article 10 of the RGPD and article 10 of the LOPDGDD (literal interpretation). The same was established in Directive 95/46/CE, in the repealed

imposed ......... 25 3.3.1 What Google has stated ........................................... ........................... 25 3.3.2 Assessment of the infringement

Directive 95/46/EC. The Data Protection Authority (DPA) succeeded it on May 25, 2018 in execution of article 3 of the LCA. 4 Article 36bis of the LVP provided

data, and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter GDPR; Having regard to the Law of 3 December 2017 establishing

---------- Article 1: The intervention of the PDU - What to choose is allowed. Article 2: The request of the company Google LLC is rejected. Article 3: This

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

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

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 as

GDPR; no breach of Article 6 of the GDPR and of Directive 2002/58 / EC of the Parliament and of the Council known as the ePrivacy Directive not having been

mechanism (see Article 56 GDPR). During the appeal procedure, however, the AEPD claimed that only Article 22 LSSI (which also stems from Article 5(3) ePrivacy

movement of such data and repealing Directive 95/46/EC (Basic Data Protection Regulation) - DSGVO. According to this directive, the plaintiff can delegate his

basis of article 62, § 1 2 of the WOG transferred to the Disputes Chamber. 4. In accordance with Article 95, § 2, 3° of the WOG as well as Article 47 of 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

until the withdrawal of the Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; In view of the law of 3 December 2017 establishing

violation of Article 5 (1) (a) and (2) GDPR, Article 6 (1) GDPR and Article 24 (1) of the GDPR; and - no violation of Article 12 (1) GDPR, Article 13 (1) and

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

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

L _JCourt of appeal Brussels-2020/AR/582- p. 7 Pursuant to Article 95, §2 of the Law of 3 December 2017 establishing the Data protection authority, the

repealing Directive 95/46 / EC (the GDPR) has become applicable. The GDPR is directly applicable in every Member State (Article 99, paragraph 3 of the GDPR)

of Article 47 HGEU in relation to Article 22 of Directive 95/46. This article has been seamlessly followed by article 79 GDPR. Pursuant to Article 79 GDPR

According to the Guidelines 18/2018 of the Working Group of Article 29 of Directive 95/46/EC (now European Data Protection Council) on Personal data breach

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

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

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

paragraphs 430 & 432(6) DPA18). 6. Priorto 29 March 2019, the European Directive 95/46/EC defined 'consent' as "any freely given specific and informed indication

SAObjection,pp.3-6;DESAs Objection,pp.2-9;ESSAObjection,pp.1-3;FI SAObjection,pp.3-7;FRSA Objection, pp. 2-4; HU SA Objection, pp. 2-3; NL SA Objection

security, cf. Article 4, no. 12 of the Data Protection Regulation. 3.1. Article 32 of the Data Protection Regulation It follows from Article 32 (1) of the

legitimate interest see Article 9, Paragraph 2, Letter f, Article 17, Paragraph 3, Letter e, Article 18, Paragraph 2, or Article 21, Paragraph one, GDPR;

data and repealing Directive 95/46/EC, the AVG. 3.25 As envisaged in paragraph 3.8, the AVG complies with the mandate set out in Article 16(2) TFEU to lay

and repealing Directive 95/46/EC (general regulation on the data protection), (hereinafter “GDPR”); Having regard to the Law of December 3, 2017 establishing

data, and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter GDPR; Having regard to the Law of 3 December 2017 establishing

of a Commission decision on adequacy, or in accordance with Article 46, Article 47 or Article 49 (1). in the case of the transmission referred to in the

month 01 / 2018 0.00 +47.70 3.200 % 0.127 0.00 47.70 02 / 2018 47.70 +47.70 3.200% 0.254 0.00 95.40 03 / 2018 95.40 +47.70 3.200% 0.382 0.00 143.10 04 /

data, and repealing Directive 95/46/EC (general regulation on the data protection), hereinafter GDPR; Having regard to the Law of 3 December 2017 establishing

such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the Law of 3 December 2017 establishing

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

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

personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation on data protection) (OJ EU L 119 of 04/05/2016

000. 13. PECRimplements Directive 2002/58/EC, and Directive 2009/136/EC which amended the earlier Directive. Both the Directive and PECRare "designed to

of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General data protection regulation). [2] https://www.cfcs.dk/

taken publicly (Article 6 (1) ECHR, Article 14(1) International Covenant on Civil and Political Rights, Article 21 Dutch Basic Law and Article 5(1) of the

follow-up pursuant to article 95.1, 3° the Law of 3 December 2017 establishing the Authority for the Protection of data. er Under Article 108, § 1 of the LCA

a result of the violations of article 5.1 a), article 5.2, article 6.1, article 12.1, article 13.1 c) and d) and article 13.2 b) GDPR. 21. On 17 June 2020

The provisions of Article 13 (1) of the Data Protection Regulation 1-3, Article 14, para. Paragraphs 1 to 4, Article 15 and Article 34 shall not apply

decision. Article 4: The State will pay the sum of 3,000 euros to Mr. A ...- C ... under article L. 761-1 of the code of administrative justice. Article 5: this

corresponds to the catalog of Art. 13 Para. 1 of the Data Protection Directive 95/46/EC, which has been replaced by the General Data Protection Regulation

and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the law of 3 December 2017 establishing

basis of article 62, § 1 of the WOG transferred to the Disputes Chamber. 2 6. In accordance with Article 95, § 2, 3° of the WOG as well as Article 47 of the

data, the repeal of Directive 95/46 / EC (hereinafter referred to as the General Regulation), point 7 of the first paragraph of Article 49 of the Personal

movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation; AVG ). This concerns 3 alleged violations of the Dutch Railways:

pursuant to Article 62, § 1 of the LCA. er 3. On September 18, 2020, the Litigation Chamber decides, pursuant to Article 95, § 1, 1° and of article 98 of the

processing personal data, on the free movement of data and the repeal of Directive 95/46 / EC (General Data Protection Regulation - GDPR -) (OJ L 119 p. 1).

discipline (Article 9(2)(i) GDPR) and not in the consent of the data subject. The Italian DPA held that the infringement of Article 5(1)(a) GDPR and Article 5(1)(b)

and on the free movement of such data and repealing Directive 95/46 / EC . 2 ECLI: RVS: 2018: 1877. 3 ECLI: RVS: 2020: 674. 4 ECLI: NL: RVS: 2020: 898, ECLI:

request of [applicant] concerns Article 7.3.10 of the Youth Act and the right of inspection laid down therein. 4.9. Article 7.3.8 of the Youth Act reads as

Proprietari bloc M5A-ScaraA pronounced under Article 7 f) of Directive 95/46/EC., Decision on the merits 46/2022 - 9/28 3) the weighing of these interests against

the abolition of the Directive 95/46/EC (General Data Protection Regulation; GDPR), OJ L 119 dated May 4, 2016, excerpts read: “Article 6 Lawfulness of processing

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

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

personal data and on the free movement of such data, and repealing Directive 95/46 / EC (Journal UE L 119 of 04/05/2016, p. 1 and EU Official Journal L

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

and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the law of 3 December 2017 establishing

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

hereinafter: Privacy Directive) . Pursuant to Article 3, second paragraph, introductory sentence and first indent, of that Directive, the processing of personal

personal data and on the free movement of such data, and repealing Directive 95/46/EC , OJ 2016, L 119/1. 4 Cf. CJEU 22 June 2021, C-439/19, ECLI:EU:C:2021:504

Litigation Chamber within the meaning of Article 100 of the LCA. 31. Pursuant to article 95 § 2, 3° of the LCA as well as article 47 of the order inside the DPA

Data Authority2019 53 3.3Penaltyforviolatingthesecurityofprocessing 53 3.3.1 Nature, seriousness and duration of the infringement 54 3.3.2 Negligent nature

of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General data protection regulation). [2] Statutory Order no. 1209

obtain from the controller pursuant to the first paragraph of Article 15(1)(b) of Directive 95/46/EC. The CJEU also stated in the aforementioned judgment that

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

on the cancellation of 08-657 61 00 directive 95/46/EC. The Swedish Privacy Agency Diary number: IMY-2023-4559 2(3) Date: 2023-06-12 personal data relating

under Article 82 GDPR. The decision is based on German literature on the GDPR. Germany has traditionally not allowed emotional damages under Directive 95/46

for more details. Article 2: Material scope Article 2.2.c: Exclusively personal or domestic activity Article 3: Territorial scope Article 4.1: Personal data

indicated in point 3.3 of this decision. 4.3. Safety measures applied to the storage of traffic data. The conduct ascertained in point 3.4 of this decision

data and repealing Directive 95/46 / EC (General Data Protection Regulation). Page 2 of 23 Page 3 The Data Inspectorate DI-2019-9432 3 (23) Report on the

of personal data, on the free movement of data and on the repeal of Directive 95/46/EC (General Data Protection Regulation, hereinafter : “GDPR”), OJ No

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

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

on the repeal of Directive 95/46 / EC (General Data Protection Regulation - Previous search termGDPRNext search term ), are: Article 12 Transparent information

and to the revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter “GDPR”; Having regard to the law of 3 December 2017 establishing

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

within the 30-day period indicated in Article 12(3) GDPR. Consequently, the Italian DPA did not find a breach of Article 21 GDPR. Second, the DPA held that

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 repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the European

entries were obtained legally by the Foundation (Article 8 (1) and (2), Article 10 (1), Article 12 (1) and Article 13 of the Act of August 20, 1997 on the National

such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

transparency, storage limitation and accountability of Article 5(1) GDPR, Article 24 and Article 25. The DPA clarified that information on video surveillance

data and on the free flow of such data, as well as on the repeal of Directive 95/46/EC (hereinafter: general data protection regulation), the information

personal data, on the free movement of data and on the repeal of the directive 95/46/EG (General Data Protection Regulation, OJ L 119/1 of May 4, 2016, p

security, cf. Article 4, no. 12 of the Data Protection Regulation. 3.1. Article 32 of the Data Protection Regulation It follows from Article 32 (1) of the

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

information and repealing Directive 95/46 / EC (hereinafter referred to as the General Regulation), point 7 of the first paragraph of Article 49 of the Personal

of personal data, on the free movement of data and on the repeal of Directive 95/46/EC (General Data Protection Regulation [hereinafter: GDPR]) and the

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

that Article 15(1)(h) GDPR is not limited to cases of Article 22 GDPR but also applies in other cases of purely automated processing, as Article 15(1)(h)

such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

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

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

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

personal data and on the free movement of such data, and repealing Directive 95/46/EC(General Data Protection Regulation) Airways Hause, Second Floor\

data processing pursuant to article 7 of Directive 95/46 / EC. Starting from the provisions of article 14.b) of the Directive - “to oppose, upon request

with Article 12, Paragraph 3 of the GDPR within one month or by not informing them of the measures taken in accordance with Article 12, Paragraph 3 of the

infringement of Article 5.1.b), c) and e) GDPR and Article 5.1.a) j° Article 6.1 GDPR; - on the basis of Article 58.2.c) of the GDPR and Article 95, § 1, 5° of

from the ePrivacy Directive implementation and specify and supplement the GDPR. § 3(1) mentioned in this case corresponds to Article 5(3) of the ePrivacy

processing personal data in violation of Article 5(2) GDPR, Article 5(1)(f) GDPR, Article 24(1) GDPR and Article 32(1) GDPR. The DPA also requested the controller

the Directive 95/46/EG - the counterpart provision of now Art. 85 DSGVO - da- assumes that the exemptions provided for in Article 9 of Directive 95/46/EC

ISWEB violated Article 28(2) GDPR and Article 28(4) GDPR as a processor on behalf of the hospitals and Article 28(1) GDPR and Article 28(3) GDPR as controller

states that the party concerned violated Article 83(4)(a) GDPR in conjunction with [Article 32(1) GDPR. Article 32 (1) GDPRby failing, at least with gross

In the Puškár case on the predecessor directive of the General Data Protection Regulation, namely Directive 95/46/EC and the concept of necessity used therein

the rules in the Data Protection Regulation [1], Article 32, subsection. 1 and Article 5, para. Article 5 (2) 1, letter f. Below is a more detailed review

[...] ". Under its Article 49: "In the absence of an adequacy decision under Article 45(3) or appropriate safeguards under Article 46, including binding

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

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

is no violation of Article 5(1)(a) and (2), Article 6(1) and Article 24(1) of the GDPR in respect of the first defendant. II.3. Article 5 Camera Act and

security, cf. Article 4, no. 12 of the Data Protection Regulation. 3.1. Article 32 of the Data Protection Regulation It follows from Article 32 (1) of the

and repealing Directive 95/46/EC (General Regulation on the data protection), hereinafter “GDPR”; Having regard to the Law of December 3, 2017 establishing

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

a copy under Article 15(3) GDPR, as interpreted by the CJEU in case C-487/21, is part of the right to access of data subjects under Article 15 GDPR, which

GDPR) and his right to object (Article 21(1) GDPR), pursuant to Article 95(1)(5) WOG and Article 58(2)(c) GDPR. In particular, the controller had to erase

5(1)(f), Article 5(2), Article 24, and Article 32 GDPR. In relation to the objection of the DE SA relating to the possible infringement of Article 33(3) GDPR

from Article 12 (1) of the Data Protection Regulation Article 13 (1) requires the data controller to provide any information as covered by Article 13 in

Protection Authority. 3. Reason for the Data Protection Authority's decision 3.1. It follows from the data protection regulation article 21, subsection 2,

under Article 3(15) Regulation 2018/1725, nor did they meet the requirements of Article 37 Regulation 2018/1725 and Article 5(3) ePrivacy Directive. The

data, and repealing Directive 95/46/EC (General Regulation on the data protection), hereinafter "GDPR"; Having regard to the Law of 3 December 2017 establishing

data, and repealing Directive 95/46/EC (General Regulation on the data protection), hereinafter "GDPR"; Having regard to the Law of 3 December 2017 establishing

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

uncensored form” as intended by the court, i.e. without that 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 essential information in the deeds had been blacked

such data and revocation of Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; In view of the law of 3 December 2017 establishing

the basis of Article 62, § 1 WOG transferred to the Disputes Chamber. 15. In accordance with Article 95, § 2, 3° of the WOG as well as Article 47 of the internal

challenged in court. In this context, it further argues that Article 28(4) of Directive 95/46/EC of the European Parliament and of the Council of 24 October

personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Page 1 of 6 � idpc. i. that

such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

The DPA fined INAIL €50,000 for violating Article 5(1)(a) and (f), Article 6(1)(e), Article 9(2)(g) and Article 32, as well as articles 2-ter and 2-sexies

provider cannot be considered a processor as per Article 4(7) GDPR, Article 4(8) GDPR, and Article 28(3) GDPR. Therefore, the service provider acted as

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

personal data in violation of Article 12(3) of the GDPR. Choice of corrective measure It follows from Article 58(2)(i) and Article 83(2) of the GDPR that the

Decision Source: standards: Article 17(1) TEU 2016/679, Article 17(1)(a) TEU 2016/679, Article 17(1)(d) TEU 2016/679, Article 16 S 1 TEU 2016/679, § 4(1)

to prove that the summary of the file is correct. With reference to Directive 95/46/EC (the General Data Protection Regulation), the plaintiff claims that

breach of Article 5(1)(a), Article 5(1)(d), Article 5(2), Article 6 GDPR and 129 of the Code. The data controller also breached Article 12(2), Article 15 GDPR

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

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

limitation of Article 5(1)(b) GDPR and against the provisions of Article 5(1)(a) GDPR and Article 6(1)(f) GDPR in conjunction with Article 6(4) GDPR. Further

such data, Directive 95/46 / EC (hereinafter referred to as the General Data Protection Regulation), point 7 of the first paragraph of Article 49 of the

movement of data and on the repeal of Directive 95/46/EC – so-called General Data Protection Regulation (hereinafter: GDPR). 3 The defendant provides investment

purposes. Pursuant to Article 58(2)(d) of the GDPR, the DPA ordered Associazione Rousseau to comply with the provisions of Article 28(3)(g) of the GDPR by

-gdpr-article- 3-version_en, which on p. 10 states the following: “However, geographical location is not important for the purposes of Article 3(1) with

in the processing of personal data, cf. Article 24 (1) of the Data Protection Regulation. Article 32 (1) 1. 3.3. Summary On the basis of the above, the

Credit Directive; Pesek in Klang³ § 7 VKrG margin no. 1). [58] 3.3. According to Section 7 (1) VKrG and Article 8 (1) Consumer Credit Directive, the lender

free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR), are: Article 6 Lawfulness of processing 1. Processing

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

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

the report on the regulation's article 6, subsection 3: "It also follows from the regulation's article 6, subsection 3, 2nd point, specifically regarding

referring to the wording of Article 61a § 1 of the Code of Administrative Procedure, Article 99 of the SARS Act, Article 11(3) of the COVID Act, went on

agreement with a private company without comply with the Article 28 GDPR, Article 5 (1)(a) GDPR and Article 6 GDPR. The municipality of Modica has concluded an

the repeal of Directive 95/46/EC (General Data Protection Regulation in further consequence GDPR) read in extracts as follows: "Article 57 (4) GDPR In

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

point a), Article 5 (1). point b) of the purpose-related principle, Article 6 (1), Article 12 (1) and Article 13. II. The Authority based on Article 58 (2)

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

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

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 2018

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

violates Article 5(1), Article 6(1) and Article 12(1) GDPR. Therefore the DE-HH SA adopted, on 10 May 2021, provisional measures under Article 66(1) GDPR

constituting a breach of Article 12(2) GDPR and Article 12(3) GDPR, as well as Article 15 GDPR, Article 17 GDPR and Article 21(2) GDPR. Thus, the calls

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

Danish Data Protection Agency's decision 3.1. Article 32 of the Data Protection Regulation It follows i.a. Article 32 (1) of the Data Protection Regulation

a principle already established by art. 6, paragraph 1 lett. a), of directive 95/46/EC and by art. 11, paragraph 1, lett. a), of the Personal Data Protection

such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

covered by Article 9 (1) There must also be a legal basis for the processing in Article 6 (1) of the Data Protection Regulation. It follows from Article 6 (1)

repealing Directive 95/46 / EC (General Regulation on Data Protection; hereinafter: General Regulation), point 7 of the first paragraph of Article 49 of the

to the data protection regulation article 6 paragraph 3, the basis for processing according to the regulation's article 6, subsection 1, letter e, appear

current and former employees. 3.1. Article 32 of the Data Protection Regulation It follows from the data protection regulation article 32, subsection 1, that

"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

contravening Article 6 GDPR and the principle of data minimization outlined in Article 5(1)(c) GDPR. The alleged justifications under Article 6(1)(c) GDPR

personal data, the free movement of data and the cancellation of the Directive 95/46/EG (General Data Protection Regulation, hereinafter referred to as GDPR)

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

interest of the data controller pursuant to Article 7 of Directive 95/46/EC (WP 217), adopted by the Article 29 Working Party on 9 April 2014, which highlights

in accordance with article 38.3. GDPR 5. On May 5, 2021, the Litigation Division decides, pursuant to Article 95, § 1, 1° and Article 98 to the ACL, that

with the defendant. II.3. Right of access (Article 15 GDPR) 43. In accordance with Article 58(2)(c) of the GDPR and Article 95(1)(5) WOG, the Litigation

accountability according to Article 5 (2) of Regulation (EU) 2016/679 on the protection and free flow of such data and the repeal of Directive 95/46/EC (hereinafter:

more about our cookie policy here". 3. Reason for the Data Protection Authority's decision 3.1. It appears from Article 4, No. 1 of the Data Protection Regulation

personal data and on the free movement of such data, and repealing Directive 95/46 / EC (Journal of Laws UE. 2016.119 .1. And Journal of Laws UE.L. 2018

such obligation.We refer to article 5.2 of the RGPD. In similar terms it was pronouncedthe, currently repealed, Directive 95/46, which has been transposed

paragraph of Article 62.a of ZP-1, all in connection with the third paragraph of Article 3.a, Article 8 and the fourth paragraph of Article 153 of the Constitution

been a breach of personal data security, cf. Article 4, No. 12 of the Data Protection Regulation. 3.1. Article 32 of the Data Protection Regulation It follows

of workers. Therefore, the DPA found a violation of Article 5 GDPR, Article 6(1)(c) GDPR and Article 9 GDPR. The duration of the illegal data dissemination

official..., on the basis of the second paragraph of Article 51 and the first paragraph of Article 46 of the Act on Misdemeanors (Official Gazette of the

The course of the proceedings 1.1-1.3 2 NJCM c.s. and FNV 2.1-2.5 3 The facts 3.1-3.10 4 The SyRI legislation 4.1-4.3 General 4.4-4.7 Provision of data for

violation of Article 15 (3) of the General Regulation on Personal Data Protection. 9. Namely, the provision of Article 15, paragraph 3 of the General

legitimate interest of the data controller under Article 7 of the Directive 95/46/CE, of the Article 29 Working Group (hereinafter, Opinion 06/2014) 1

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

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

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

proceedings. The merits limb engages article 3 of the GDPR, the Defendants confining their objection to this provision alone. Article 3 provides: "Territorial Scope

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

1781) and Article 57(1)(a), Article 58(2)(i), Article 83(3), Article 83(4)(a), Article 83(4)(a), Article 83(2)(i) and Article 57(1)(a), Article 58(2)(i)

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

of personal data and on the free movement of such data and repealing Directive 95/46/EC (AVG) entered into force. Recital (20) of the preamble to the AVG

personal data and on the free flow of such data and on the repeal of Directive 95/ 46/EC (General Data Protection Regulation, hereinafter: General Regulation)

Regulation (EU) 2016/679 on the repeal of Directive 95/46/EC (the hereinafter: General Data Protection Regulation) Article 32(1) and its a)-b) points, as well

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

CSCM (3.2). - All people involved in any phase of data processing personal nature are obliged to professional secrecy with respect to these (3.3). They

is lawful on the basis of Article 6 Paragraph 1 Letter e, Paragraph 2, Paragraph 3 Clause 3 GDPR in conjunction with Article 24 Paragraph 1 BayDSG. The

CSCM (3.2). - All persons involved in any phase of the data processing of personal nature are bound by professional secrecy with respect to these (3.3). They

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

personal data and on the free movement of such data and on cancellation Directive 95/46 / EC (hereinafter "the General Regulation") and called on it to remedy

processing personal data, on the free movement of data and on the repeal of Directive 95/46/EC (General Data Protection Regulation - GDPR; OJ L 119 of May 4th,

handling of the request for access was not in accordance with Article 12(2) and (3) GDPR, or Article 15(1) GDPR. On the 31st of March 2022, a resident requested

personal data and on the free movement of such data, and repealing Directive 95/46/ EC (the GDPR).

personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulations on data protection ) (Official Journal EU

protection policies. 3. Adherence to codes of conduct approved in accordance with article 40 or to a certification mechanism approved under article 42 may be used

party. Therefore, the controller breached Article 5(1)(a) GDPR, Article 6(1)(a) GDPR, Article 7 GDPR, and Article 130 of the Italian privacy code, since the

necessary to comply with Article 5(2) GDPR. The DPA determined that the controller violated Article 15 GDPR. The DPA stated that Article 15(1)(c) GDPR must be

principles in Article 5 GDPR. One of these principles is the requirement of security under Article 5(1)(f) GDPR (‘integrity and confidentiality’). Article 32 GDPR

question must be answered that article 8, subsection 1, in Directive 95/46 and the data protection regulation, Article 9, subsection 1, shall is interpreted

necessary for the performance of the contract.” It compared Article 7(b) Directive 95/46/EC to Article 6(1)(b) GDPR and found that the two are “almost identical”

such data, and repealing Directive 95/46/EC (OJ EU L. No. 119. p. 1 , as amended; hereinafter referred to as "GDPR"), and Article 2(1) of the Act of May

regulation, article 14, subsection 5, letter b. 3. Legal basis 3.1. It follows from the data protection regulation's article 14, subsection 1-3, that if personal

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

personal data and on the free exchange of such data and on the repeal of Directive 95/46/EC (general regulation on data protection). [2] i.a. 2012-622-0004,

C-708/18, the ECJ led to the second requirement of Article 7, letter f, of Directive 95/46 (or now Article 6, paragraph one, letter f, GDPR), which The necessity

based on Article 57(3) of the General Regulation and the second paragraph of Article 55 of ZVOP-2 in relation to the fourth paragraph of Article 3 of the

security, cf. Article 4, no. 12 of the Data Protection Regulation. 3.1. Article 32 of the Data Protection Regulation It follows from Article 32 (1) of the

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

pursuant to Article 29 of Directive 95/46 / EC of the European Parliament and of the Council of 24 October 1995, replaced in accordance with Article 68 of Regulation

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

first part, point 4, Article 151, point 1, Article 157, second and third parts, Article 166 first part, Article 168, Article 262, Article 269, Official decides:

the Article 29 Working Group in its Opinion 06/2014 on the concept of legitimate interest of the data controller under the Article 7 of Directive 95/46/EC

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

the Court of Justice declared expressly the direct effect of article 7 f) of Directive 95/46 / EC, according to which: “ The Member States shall provide

processing personal data, the free movement of data and the abolition of the Directive 95/46/EC (General Data Protection Regulation - GDPR), OJ L 119 dated May 4

personal data and on the free flow of such data and on the cancellation of directive 95/46/EC (General Data Protection Regulation). 2For a description of the services

side of Article 33, Paragraphs 1 and 3 of the GDPR.objective side of the crime of Article 33, Paragraphs 1 and 3 of the GDPR has been fulfilled. 2.3. On the

(cf. also supporting this view in Article 6, paragraph 3, third sentence of the GDPR). Ultimately, Article 6, paragraph 3, fourth sentence of the GDPR also

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

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

ordinary courts (Article 34 GG, Article 40(2) VwGO). Moreover, the Court considered the reference to Article 79(2) GDPR from Article 82(6) GDPR, and the

right of control referred to in Article 28(3)(h) GDPR concerning PIKA's provision of the measures required under Article 32 GDPR. Only after a personal

the free flow of such data and on the cancellation of 08-657 61 00 directive 95/46/EC (general data protection regulation). Data Protection Agency Diary

such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter GDPR; Having regard to the law of 3 December 2017 establishing

and on the free movement of such data and repealing Directive 95/46/EC.2 ECLI:NL:RVS:2019:181, ro 3.2.3 ECLI:NL:RVS:2020:900 and ECLI:NL:RVS:2020:901, r.o

only recommended this. 3.1. Article 32 of the Data Protection Regulation It follows from the data protection regulation article 32, subsection 1, that

protection regulation, article 4, no. 12. 3.1. Article 32 of the Data Protection Regulation It follows from the data protection regulation article 32, subsection

not constitute a violation of Article 5.1.f), Article 32.1 and 32.2 j° Article 5.2, Article 24.1 and Article 25.1 GDPR. 46. To the extent necessary, the

of data and the repeal of Directive 95/46/EC Regulation (EU) 2016/679 (hereinafter: General Data Protection Regulation) Article 5 (1) point a) of paragraph

the repeal of Directive 95/46/EC (hereinafter the General Regulation) and Article 34 in relation to 2. point of the first paragraph of Article 55 of the Personal

law EU General Data Protection Regulation (2016/679) Article 4 (1), Article 12 (1), Article 15 (3) Appeal According to section 25 of the Data Protection

for this the provider of personal data within the meaning of Article 2(a) Directive 95/46/Jenic, it is necessary to determine whether the possibility of

personal data and on the free flow of such data and on the repeal of Directive 95/46/EC (hereinafter the data protection regulation or GDPR). The Court of

the European Union (ECJ) on the previous provision of Art 9 DS-RL (Directive 95/46/EC of the European Parliament and of the Council of October 24, 1995

out tests in AULA itself. 3.1. Article 32 of the Data Protection Regulation It follows from the data protection regulation article 32, subsection 1, that

(EC Directive) Regulations 2003 by the person, (b) subsection (2) or (3) applies. (2) This subsection applies if the contraventiwas deliberate. (3) This

decide in due time on his requests, as referred to in article 3:13 and read in conjunction with article 3:15 of the Civil Code. The appeal at the Council is

activities on the basis of Article Article 6(1)(e) GDPR and in compliance with the principle of data minimisation, under Article 5(1)(c) GDPR. On 29 August

based on Article 3, paragraph 2, Article 5, paragraph 1 a), f) of GDPR subsection, Article 6(1), Article 9(2), Article 58(2)(d), GDPR Article 23 and Article

Electronic Communications(EC Directive) Regulations 2003 ("PECR"). 2. This notice explainse Commissioner's decision. Legal framework 3. LTH, whose registered

financial information, special categories of data referred to in Article 8(1) of Directive 95/46/EC, electronic mail data, location data, internet log files

and repealing Directive 95/46/EC (General Data Protection Ordinance/DSA) (see below 4.9), which has been applicable since 25 May 2018. 4.3. The balance

well as the 95/46/EC Directive Regulation 2016/679 (EU) on its exclusion (hereinafter: GDPR or general data protection regulation) Article 15 (1), as it

awarded (Article 167 of the RD 31 August 1933, No. 1592; Article 4, paragraph 3, of the Ministerial Decree of 22 October 2004, No. 270 and Article 7 , paragraph

and 2, Art. 5 para. 1 lit. c, Article 6 paragraph 1, Article 51 paragraph 1, Article 57 paragraph 1 letter f and Article 77 paragraph 1 of the Regulation

within one month of the access request, in accordance with Article 15 GDPR and Article 12(3) GDPR. By contrast, the insurance company argued that the right

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

end. [PROVIDED FOR IN ARTICLE OF REGULATION (EC) NO/] Before the Authority, at the request of the applicant, in Regulation (EU) 95/46 of the European Parliament

obligations pursuant to Section 17 (1) and (3) KSchG, as well as Article 1 (1) (a) subparagraph i of Directive 98/59 EC, the implementation of which is aimed

data, as well as on the free circulation of such data and repealing 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 (Journal of Laws UE L. 119 1. - hereinafter: GDPR). According to

principle of proportionality (Article 6, paragraph 3, letter b), of the Regulation) and of the principle of reasonableness (Article 3 of the Constitution), taking

(EC Directive) Regulations 2003 by the person, (b) subsection (2) or (3) applies. (2) This subsection applies if the contraventwas deliberate. (3) This

or opinions expressed by other employees about the plaintiff (cf. on Directive 95/46/EC but ECJ July 17, 2014 - C-141/12 and C-372/12 - para. 45 f., 48,

addition, he found that the company violated Article 7 (3) GDPR, Article 12 (2) GDPR, Article 17 (1)(b)GDPR and Article 24 (1) GDPR, by failing to implement appropriate

networks Chains of norms: Rome I Regulation Art. 3 para. 1 BGB § 307 para. 1, para. 2, para. 3 TMG § 3 para. 2 p. 1, § 13 As. 4 p. 1 GDPR Art. 99 para.

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

conformity decision, or in Article 46, Article 47 or the transfer of data referred to in the second subparagraph of Article 49 (1). indication of the appropriate

data under Article 17(3) GDPR, and none emerged from the proceedings. The exception of archiving purposes in the public interest under Article 17(3)(d) also

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

based on Article 3, Clause 2, Article 5, Clause 1 of the Data Regulation "a", "b" and point 2, Article 6, point 1, point "a", Article 7, Article 27, point

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

provisions according to Article 58 Paragraph 2 Letter i and Article 83 Paragraph 1 to 6 GDPR Article 58 Paragraph 2 Litera i and Article 83 Paragraph One ,

failed to comply with Article 33 GDPR and Article 34 GDPR. Consequently, it issued a reprimand to the controller in accordance with Article 58(2)(b) GDPR. First

should have taken place in violation of Article 13 of the Data Protection Regulation. 3.2. Treatment safety Article 32, subsection of the Data Protection

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

free exchange of such data and on the repeal of Directive 95/46/EC (general regulation on data protection). [3] Act No. 502 of 23 May 2018 on supplementary

all the links on the grounds of Article 17(1)(a) GDPR and Article 17(1)(c) GDPR or whether the exception of Article 17(3)(a) GDPR about the freedom of expression

definition of the concept of "personal data", which appears in Article 2(a) of the Directive 95/46, evidences the objective of the Union legislator to attribute

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

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

of those of Article 9 of the general regulation on data protection, which repealed and replaced those of Article 8 (1) of Directive 95/46/EC of 24 October

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

the controller ”. As can be seen from article 6.3 of the RGPD and expressly included in article 8 of the Organic Law 3/2018, of 5 December, on the protection

of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General data protection regulation). [2] The Danish Data Protection

repealing Directive 95/46 / EC Regulation (EU) 2016/679 (hereinafter referred to as the General Data Protection Regulation) Pursuant to Article 2 (1), the

of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR Regulation), the engagement of liability civil torts and obliging

verification of data has been made in advance. 3.2. Article 33 of the Data Protection Regulation It follows from Article 33 (1) of the Regulation 1, that the data

the information about her pursuant to Article 6 (1) of the Data Protection Regulation. Article 9 (1) (f) and Article 9 (1) 2, letter d. With regard to the

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

examined Article 81 of the GDPR, but not the actually relevant Article 82 of the GDPR. The claims asserted in the counterclaim under Article 82 of the

personal data, on the free movement of data and on the repeal of the directive 95/46/EG (General Data Protection Regulation – GDPR). 54At least some of the

the meaning of Article 65, paragraph one, letter a, GDPR in accordance with Article 65, paragraph 5, leg. cit. will publish. I.3.Roman one.3. In a communication

the requirements of Article 34(2) and Article 33(3) GDPR. The DPA expressed serious criticism to the controller for violating Article 32(1) GDPR. Moreover

personal data and on the free movement of such data, and repealing Directive 95/46 / EC (Official Journal of the European Union, L 119 of 4 May 2016),

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

personal data, cf. Article 28 (3), Article 32 (2) of the Privacy Regulation, cf. Article 5 (1) (f) and Article 5 No. 2, and Article 44 for a period between

under Article 24(4) sentence 5 GO with regard to the use of the radio function, the protection of the home under Article 13(1) GG and Article 106(3) BV is

the free movement of such data, and repealing Directive 95/46/EC ( General Data Protection Regulation) Article 5 1. Personal data must: † b. collected for

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

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

Therefore, the DPA confirmed a breach of Article 5(1)(a) GDPR, Article 6(1)(a) GDPR, Article 7 GDPR and of Article 130 of the Italian Privacy Code for having

27, 2016 relating to the protection of personal data and repealing Directive 95/46/EC (GDPR), the discretionary power of the CNIL to decide on the action