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… JUDGMENT OF THE COURT (Third Chamber) 28 April 2022 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 80 - Representation of the data subjects by a not-for-profit association - Representative action brought by a consumer protection association in the absence of a mandate and independently of the infringement of specific rights of a data subject - Action based on the prohibition of unfair commercial …

… Kranenborg, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 2 December 2021, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 80(1) and (2) and Article 84(1) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC …

… On those grounds, the Court (Third Chamber) hereby rules: Article 80(2) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) must be interpreted as not precluding national legislation which allows a consumer protection association to bring legal proceedings, in the absence …

… In that regard, the applicants state that interim proceedings seeking an order suspending the use of the CovidScanBE application, on the grounds of multiple infringements of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1), have been brought before …

… (EU) / [of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1)]. …

… affect legitimate uses, such as uses under exceptions or limitations provided for in Union law, and shall not lead to any identification of individual users nor to the processing of personal data, except in accordance with Directive 2002/58/EC [of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37)] and …

… By the request for a preliminary ruling which is the subject of this Opinion, the Bundesgerichtshof (Federal Court of Justice, Germany) referred two questions to the Court of Justice on the interpretation of Article 17(3)(a) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation …

… In light of all the foregoing considerations, I suggest that the Court answer the questions referred by the Bundesgerichtshof (Federal Court of Justice, Germany) as follows: (1) Article 17(3) of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) should be interpreted as …

… / should be interpreted as meaning that, within the context of the weighing-up of conflicting rights and interests arising from Articles 7, 8, 11 and 16 of the Charter of Fundamental Rights, in connection with a request for de-referencing made to the operator of a search engine seeking to obtain the removal, from the results of an image search carried out on the basis of a natural person’s name, of photographs displayed in the form of thumbnails depicting that person, account should not be …

… Where that processing for a purpose other than that for which the data have been collected is not based on the data subject’s consent or on a legislative act of the European Union or of a Member State falling within the scope of Article 23(1) of /, its compatibility must be established in the light of, inter alia, the criteria set out in Article 6(4) of that regulation. (2) Article 5(1)(e) of / must be interpreted as meaning that the principle referred to therein …

… OPINION OF ADVOCATE GENERAL PIKAMÄE delivered on 31 March 2022 (1) Case C-77/21 Digi Távközlési és Szolgáltató Kft. v Nemzeti Adatvédelmi és Információszabadság Hatóság (Request for a preliminary ruling from the Fővárosi Törvényszék (Budapest High Court, Hungary)) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 5(1)(b) and (e) - Principle of purpose limitation - Principle of storage limitation …

… This is one of the questions raised by the present case which will enable the Court to add to its growing body of case-law on (EU) /, (2) with regard, more specifically, to the principles of purpose limitation and storage limitation set out in Article 5(1)(b) and (e) of that regulation. I. Legal framework 3. Articles 4 to 6, 13 and 32 of the GDPR are relevant to the present case. II. The dispute in the main proceedings and the questions referred for a preliminary ruling 4. …

… / provides as follows: ‘1. …

… Article 6 of that law entrusts the AP with the task of supervising compliance with / in the Netherlands. …

… /, to which, in this case, X and Z had not consented. …

… Consequently, the relevant provisions of Directive 95/46 and / did not apply outside the EU. The Commission replies by stating that the Google judgment concerned the possible extraterritorial application of EU law. However, in the present case, as it explains, the Commission is not trying to apply the EU legislation to a third country. The case only concerns the application of Regulation No 1151/2012 in the EU itself. …

… To uphold its argument that the EU legislature was obliged to mention explicitly exports to third countries to bring it under the scope of Regulation No 1151/2012, the Kingdom of Denmark also relies on the judgment of 24 September 2019, Google (Territorial scope of de-referencing). (37) That case concerned the territorial scope of the right to de-referencing and the potential extraterritorial effects of Directive 95/46 (38) and its successor, /. (39) The Court found that it was …

… Emphasis added. 36 C-491/01, EU:C:2002:741 (‘the BAT judgment’), paragraphs 203 to 217. 37 C-507/17, EU:C:2019:772 (‘the Google judgment’), paragraphs 53 to 65. 38 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31). 39 (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of …

… OPINION OF ADVOCATE GENERAL PITRUZZELLA delivered on 27 January 2022 (1) Case C-817/19 Ligue des droits humains v Conseil des ministres (Request for a preliminary ruling from the Cour constitutionnelle (Constitutional Court, Belgium)) (Reference for a preliminary ruling - Protection of personal data - Processing of passenger name record (PNR) data - (EU) / - Scope - Directive (EU) 2016/681 - Validity - Charter of Fundamental Rights of the European Union - Articles 7, 8 and Article …

… By this request for a preliminary ruling, the Cour constitutionnelle (Constitutional Court, Belgium) puts before the Court of Justice a series of 10 questions concerning the interpretation of (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; ‘the GDPR’) (2) and concerning …

… In this context, the Court is also called upon to express a position on the relationship between this public access regime and various provisions of (EU) /. (4) I. Legal framework A. European Union law 1. Directives 2015/849 and 2018/843 6. …

… (EU) / - Article 5(1)(a) to (c) and (f) - Exemptions from access to the register of beneficial ownership - Conditions - Concepts of ‘exceptional circumstances’, ‘risk’ and ‘disproportionate risk’ - Proof) 1. …

… (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) are to be interpreted as not precluding a register which is in part accessible to the public, without any requirement to demonstrate a legitimate interest and without any limitation as to the location of the public. …

… (EU) / on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” – “GDPR”) applies to “natural persons”, and does not cover the processing of personal data which concerns legal persons (recital 14). …