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on further use. Case Law: In C-708/18 - TK, para. 53-59, the CJEU elaborated on the criteria for the balancing of interests. In a case involving the lawfulness

no general deadline, the controller has to engage in a factual case-by-case analysis. An exception to the principle of storage limitation is contained

appropriate form of information provision must be determined on a case-by-case basis. EDPB: In some cases, the personal data itself sets the requirements in what

individual case be effective, proportionate and dissuasive. 2. Administrative fines shall, depending on the circumstances of each individual case, be imposed

affection and the likelihood thereof is decided by the DPA on a case to case basis. In any case, this requires the data subject to reside in the member state

facilitation obligation under Article 12(2) GDPR, to evaluate the situation on a case-by-case basis and, where necessary, contact the data subject for any clarifications

needed to establish the facts of a case. Only on the basis of a comprehensive clarification of the facts of the case the SA is in a position to exercise

that in case where information is directly obtained, the controller and the data subjects are both present. This is however not always the case, for example

personal data relating to him or her are being collected, such as in the case of online advertising. Given that children merit specific protection, any

of their address for delivery, it would be a case of "venire contra factum proprium." Lastly, in the case of processing based on a legal obligation, it

purposes of processing as well as the potential risks for data subjects. A case-by-case analysis remains necessary, however, in order to ascertain the degree

that do not enable data protection-compliant usage should not be employed. Case-law: The Finnish DPA held that four cities in Finland had, among others,

subject to it, in line with the case law of the Court of Justice of the EU and the European Court of Human Rights. This is the case if if a legal provision specifies

The concept of damage should be broadly interpreted in the light of the case-law of the Court of Justice in a manner which fully reflects the objectives

matter of the case as well as the resolution of this case will substantially affect data subjects in several Member States. Also a case about a cross-border

the case has been lodged necessarily decides about the case. Which SA actually handles the case is subject to Article 55 and 56 GDPR. In any case the SA

that in the majority of cases the data subject will have no viable alternative but to accept the data processing. Another case of imbalance of power also

Notification of a personal data breach to the supervisory authority 1. In the case of a personal data breach, the controller shall without undue delay and,

disagrees with. In cases where the objection is based on the opinion that the LSA failed to investigate an essential fact of the case entirely, or on an

within a household. Case Law: Different factors to distinguish the 'private' from the 'non-private' can be drawn out from the existing case-law: According to