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consent was not valid as a legitimate basis from Article 6(1) GDPR, in relation to Article 7 GDPR, and thus processing was unlawful. On these grounds, the AEPD

is also confirmed by the explanations in recitals 75, 85 and 146 of the GDPR. First, recital 146 of the GDPR, which specifically concerns the right to

with Article 79(1) GDPR. It remains to be seen whether infringements of the GDPR can be asserted by competitors at all, or whether the GDPR does not, rather

right to an effective remedy (read: appeal), according to recital 143 of the preamble of the GDPR. The court states that a warning (with publication) constitutes

appropriate assessment by the Authority. Violation of Article 5(2) GDPR and Article 25(1) GDPR, for not having taken effective action against undue promotional

000 under Article 82(1) GDPR for a violation of Articles 15 GDPR and 12(3) GDPR. The LAG held that a mere violation of the GDPR does not give rise to a

protection regulation and i.a. recital 10 to the regulation. 5 Cf. recital 1 to the data protection regulation. 6See recital 4 of the data protection regulation

article 84.3 of the LGT, and the offenses typified in articles 38.3 c), d) and i) and 38.4 d), g) and h) of Law 34/2002, of July 11, on services of the

of the principle of accountability under Article 5(2) GDPR and Article 33(5) GDPR. Article 5(2) GDPR establishes the principle of accountability which obliges

consulted before processing, pursuant to Article 36 GDPR. Fourth, the Court noted that, pursuant to Article 10 GDPR and Article 31 Implementation Act, the IP addresses

Article 5(1)(d) GDPR. In addition, the DPA also contested the controller's inadequate data retention time (breach of Article 5(1)(e) GDPR); the migration

and the GDPR go beyond the ECHR in some respect, the ECHR have to be interpreted in the lights of the general principles of the Charter and the GDPR. Regarding