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defined under Article 2(1)(a) Directive 95/46 where a third party has additional knowledge required to identify a data subject. b) Whether Article 7(1)(f) prevents

under Article 3(1) Directive 95/46. The court looked at the term personal data under Article 3(1) Directive 95/46 and Article 2(a) Directive 95/46 which

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

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

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

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 Recital 171: Repeal of Directive 95/46/EC and Transition Phase Directive 95/46/EC should be repealed by this Regulation.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

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

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

referred to in point (a) of Article 46(3); (i) to authorise administrative arrangements referred to in point (b) of Article 46(3); (j) to approve binding

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

requirements from Article 9(2) and Article 9 (3) GDPR, but will also require an additional concomitant legal basis contained in Article 6(1) GDPR. However

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

between Article 21(3) GDPR and Article 17 GDPR on the right to erasure must be considered. The tight relationship between Article 21(3) and Article 17(1)(c)

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

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 Directive 95/46/EC is repealed with effect from 25 May 2018. 2. References to the repealed Directive shall

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

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

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)

and 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

GDPR (Article 3)’, 12 November 2019 (Version 2.1), p. 6-7 (available here). EDPB, ‘Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)’, 12