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… / provides: ‘Directive 95/46/EC is repealed with effect from 25 May 2018.’ 15 Article 99(2) of / provides that that regulation is to apply from 25 May 2018. …

… / 8 Recitals 32 and 42 of / state: ‘(32) 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. …

… The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (“accountability”).’ 11 In accordance with Article 6(1)(a) of /: ‘1. Processing shall be lawful only if and to the extent that at least one of the following applies: (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes; …’ 12 Article 7(1), (2) and (4) of / is worded 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 (General Data Protection Regulation) (OJ 2016 L 119, p. 1, ‘the GDPR’), provide for a higher level of protection for data in special categories, namely personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union …

… September 2019, XI v Commission, T-528/18, not published, EU:T:2019:594, paragraph 67). 64 It should also be borne in mind that both Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39), and …

… (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, ‘the GDPR’), provide for a higher level of protection for data in special categories, namely personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union …

… September 2019, XI v Commission, T-528/18, not published, EU:T:2019:594, paragraph 67). 64 It should also be borne in mind that both Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39), and …

… (EU) / 11 Directive 95/46 was repealed, with effect from 25 May 2018, 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 (General Data Protection Regulation) (OJ 2016 L 119, p. 1; corrigendum OJ 2018 L 127, p. 2), Article 1 of which, entitled ‘Subject-matter and objectives’, states, inter …

… /, the objective of which is, inter alia, to safeguard and to set out in detail the right to the protection of personal data guaranteed by Article 8 of the Charter. 63 Article 22 of Directive 95/46, the essence of which is reproduced by Article 79 of /, emphasises that every person must have the right to a judicial remedy when confronted with a breach of the rights guaranteed to that person by the law applicable to the processing of such data. 64 It follows that the EU legislature …

… Furthermore, Article 94(2) of that regulation specifies that references to Directive 95/46 are now to be construed as references to that regulation. 12 Articles 13, 14 and 15 of / reproduce and amend the provisions formerly set out in Article 10, Article 11(1) and Article 12 of Directive 95/46, respectively. 13 Article 23(1)(e) of that regulation, which reproduces and amends the provision formerly set out in Article 13(1)(e) of that directive, states that Union or Member State law …

… / provides: ‘1. …

… / provides: ‘1. …

… According to the definition of personal data in Article 4(1) of /, information relating, inter alia, to an identifiable person constitutes personal data. …

… / 12 Article 2 of / provides: ‘1. This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. 2. …

… /, repealed and replaced by that regulation with effect from 25 May 2018. …

… /: ‘References to the repealed Directive shall be construed as references to this Regulation. …

… (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)), an inspected undertaking may decide to ask the Commission not to seize, from the undertaking’s premises, data that may infringe the privacy of its employees or managers or to request the Commission to return …

… out that, by virtue of the obligation of every undertaking to ensure the protection of the persons whom it employs and their private life (see, in particular, with regard to the obligation to protect the privacy of natural persons when processing personal data, 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), replaced by …

… That is common to most interests listed in Article 23(1) of / (notably, national security, defence, and public security). …

… Article 23 of / (‘Restrictions’) is the concluding provision of its Chapter III dealing with the rights of the data subject. It states: ‘1. …

… (3) Does the provision of Article 23(1)(e) of [/] relating to the protection of an important financial interest of a Member State in taxation matters allow a restriction of the right of access under Article 15 of [/] in relation to the defence of civil law insolvency avoidance claims against the financial authority?’ 22. …

… JUDGMENT OF THE COURT (Grand Chamber) 16 July 2020 (*) (Reference for a preliminary ruling - Protection of individuals with regard to the processing of personal data - Charter of Fundamental Rights of the European Union - Articles 7, 8 and 47 - (EU) / - Article 2(2) - Scope - Transfers of personal data to third countries for commercial purposes - Article 45 - Commission adequacy decision - Article 46 - Transfers subject to appropriate safeguards - Article 58 - Powers of the supervisory …

… Article 46(1) and Article 46(2)(c) of / must be interpreted as meaning that the appropriate safeguards, enforceable rights and effective legal remedies required by those provisions must ensure that data subjects whose personal data are transferred to a third country pursuant to standard data protection clauses are afforded a level of protection essentially equivalent to that guaranteed within the European Union by that regulation, read in the light of the Charter of Fundamental …

… Article 2(1) and (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 meaning that that regulation applies to the transfer of personal data for commercial purposes by an economic operator established in a Member State to another economic operator …

… / 4 Recitals 16 and 20 of / state: ‘(16) This Regulation does not apply to issues of protection of fundamental rights and freedoms or the free flow of personal data related to activities which fall outside the scope of Union law, such as activities concerning national security. …

… the meaning of Article 4(7) of / and consequently, Article 15 of that regulation is, in this instance, applicable. 74 It follows from all the foregoing that Article 4(7) of / must be interpreted as meaning that, in so far as a Petitions Committee of the parliament of a Federated State of a Member State determines, alone or with others, the purposes and means of the processing of personal data, that committee must be categorised as a ‘controller’, within the meaning …

… /], in particular [its] Article 15, [headed “Right of access by the data subject”], applicable to the committee of a parliament of a Federated State of a Member State that is responsible for dealing with the petitions of citizens - in this case the Petitions Committee of the Parliament of Land Hessen - and is that committee to be regarded in that connection as a public authority within the meaning of Article 4(7) of /? …