search

… The obligation to provide information under Article 12 of (EU) / is deemed to be fulfilled by the placing of an information board in a sufficiently visible place, indicating at least the existence of the processing, the identity of the person responsible and the possibility of exercising the rights provided for by Articles 15 to 22 of (EU) /. ...” 53. As regards video-surveillance in the workplace, section 89(1) of the Law provides as follows: “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, has been applicable since 25 May 2018. It incorporates most of the provisions of Directive 95/46/EC and reinforces some of the safeguards contained therein. COMPARATIVE-LAW MATERIAL 67. …

… /: ‘1. …

… The questions referred must therefore be answered having regard to both Directive 95/46 and /. …

… /, are not to be interpreted differently according to whether or not the information stored or accessed on a website user’s terminal equipment is personal data within the meaning of Directive 95/46 and /. …

… /, entitled ‘Territorial scope’, is worded as follows: ‘1. …

… The supervisory authorities shall cooperate with one another to the extent necessary for the performance of their duties, in particular by exchanging all useful information. …’ (EU) / 12 (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 (General Data Protection Regulation) (OJ 2016 L 119, p. 1, and …

… It thus appears that such a situation falls within the territorial scope of Directive 95/46 and /. 53 By its questions, the referring court seeks to determine the territorial scope which must be conferred on a de-referencing in such a situation. 54 In that regard, it is apparent from recital 10 of Directive 95/46 and recitals 10, 11 and 13 of /, which was adopted on the basis of Article 16 TFEU, that the objective of that directive and that regulation is to guarantee …

… 95/46 and Article 10 of /, is subject to special restrictions. …

… Those exceptions have now been repeated in Article 9(2)(a) and (e) of /. …

… That directive was repealed with effect from 25 May 2018, from which date / applies. 33 The Court will consider the questions referred from the point of view of Directive 95/46, while also taking / into account in its analysis of them, in order to ensure that its answers will in any event be of use to the referring court. …

… / reads as follows: ‘1. …

… Legal context European Union law 3 With effect from 25 May 2018, Directive 95/46 was repealed and replaced by (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 (OJ 2016 L 119, p. 1). …

… Thus, the referring court concludes that national legislation allowing associations to bring legal proceedings in the interest of consumers may constitute such a ‘suitable measure’. 36 That court notes, in this regard, that Article 80(2) of /, which repealed and replaced Directive 95/46, expressly authorises the bringing of legal proceedings by such an association, which would tend to confirm that the latter directive did not preclude such an action. 37 Further, that court is uncertain …

… My emphasis. 59 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), now repealed by (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 …

… Active consent is now, therefore, expressly provided for by /. 74. …

… (b) Under / 68. The principles established above are equally valid for /. 69. Article 4, point 11, of / defines consent of the data subject as any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. 70. …

… / 11. Recital 32 of / states: ‘Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. …

… Legal context EU law 3 Prior to its repeal by (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 (OJ 2016 L 119, p. 1), Directive 95/46, which, according to Article 1 thereof, had the object of protecting the fundamental rights and freedoms of individuals, notably their right to privacy, with regard to the processing of personal data, and the …

… to the declaratory nature of the action (Feststellungsklage) brought before the national court, it is conceivable that that regulation is applicable ratione temporis to the resolution of the dispute in the main proceedings, that point not being clarified by oral argument at the hearing. 39 The question referred must therefore be answered having regard to both Directive 95/46 and /. …

… JUDGMENT OF THE COURT (Third Chamber) 16 January 2019 (*) (Reference for a preliminary ruling - Customs union - The Union Customs Code - Article 39 - Status of authorised economic operator - Implementing Regulation (EU) 2015/2447 - The second subparagraph of Article 24(1) - Applicant not a natural person - Questionnaire - Collection of personal data - Directive 95/46/EC - Articles 6 and 7 - (EU) / - Articles 5 and 6 - Processing of personal data) In Case C-496/17, REQUEST for a …

… It shall be for the controller to ensure that paragraph 1 is complied with.’ 15 Article 7 of that directive provided: ‘Member States shall provide that personal data may be processed only if: … (c) processing is necessary for compliance with a legal obligation to which the controller is subject; or …’ 16 (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 …

… Article 18 of /, entitled ‘Right to restriction of processing’, provides: ‘1. …

… /. 8 See Article 94(1) of /. 9 With the entry into force of /, this working group was replaced by the European Data Protection Board (see Article 68 and Article 94(2) of /). 10 Judgment of 13 May 2014 (C-131/12, EU:C:2014:317). 11 Available at http://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2014/wp225_en.pdf. 12 See point 20 of the Guidelines. 13 Judgment of 13 May 2014 (C-131/12, EU:C:2014:317). 14 See …

… (EU) / 12. (EU) / (4) is, pursuant to Article 99(2), to apply from 25 May 2018. Article 94(1) of that regulation provides that Directive 95/46 is repealed with effect from that date. 13. Article 17 of that regulation, entitled ‘Right to erasure (“right to be forgotten”)’, is worded as follows: ‘1. …