search

… (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). 2 By separate document lodged at the Registry of the Court of Justice on 4 December 2024, the Commission requested the Court to determine the present case pursuant to the expedited procedure provided for in …

… the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1), Articles 14, 16 and 19 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36), Articles 7, 8, 11, 12, 47 and 48 of the Charter of Fundamental Rights of the European Union and Articles 5, 6, 9 and 10 of …

… Provisional text OPINION OF ADVOCATE GENERAL SZPUNAR delivered on 6 February 2025 (1) Case C-492/23 X v Russmedia Digital SRL, Inform Media Press SRL (Request for a preliminary ruling from the Curtea de Apel Cluj (Court of Appeal, Cluj, Romania)) (Reference for a preliminary ruling - Approximation of laws - Electronic commerce - Directive 2000/31/EC - Protection of personal data - (EU) / - Liability of intermediary service providers - Information society service provider also acting …

… The questions referred for a preliminary ruling in the present case concern the provisions of Directive 2000/31/EC (2) and (EU) /. (3) 2. Those questions have arisen in a dispute between an individual and the operator of an online marketplace on which an advertisement was published, without the individual’s consent, indicating that that individual was offering sexual services. The unique aspect of this case is that the advertisement in question contained personal data. 3. …

… (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 the provider of an information society service with activity consisting in hosting advertisements, whether free or paid, on a website at the request of its users acts as processor in respect of …

… See also the Article 29 Working Party’s Guidelines on transparency under /, 11 April 2018, WP 260 rev.01, paragraph 30: ‘If the change to the information is indicative of a fundamental change to the nature of the processing (e.g. enlargement of the categories of recipients or introduction of transfers to a third country) or a change which may not be fundamental in terms of the processing operation but which may be relevant to and impact upon the data subject, then that information …

… In this Opinion, reference will be made, by analogy, to the judgments applying 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) 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 …

… /. …

… / in respect of those operations, that does not imply that the EDPB had the power itself to impose such an examination and to specify its scope in the context of a binding decision adopted on the basis of Article 65(1)(a) of /. …

… In the present case, some of the applicant’s arguments are also based on considerations or principles drawn from beyond / itself. …

… Point (f) of the first subparagraph of Article 6(1) of / must be interpreted as meaning that, in order to assess the need for processing of personal data under that provision, it is not necessary to take into consideration the possible existence of a right of the data subject to object, under Article 21 of that regulation. [Signatures] * Language of the case: French. …

… Provisional text JUDGMENT OF THE COURT (First Chamber) 9 January 2025 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 5(1)(c) - Data minimisation - Article 6(1) - Lawfulness of processing - Data relating to title and gender identity - Online sale of travel documents - Article 21 - Right to object) In Case C-394/23, REQUEST for a preliminary ruling under Article 267 TFEU from the Conseil d’État …

… Kranenborg, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 11 July 2024, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 5(1)(c), points (b) and (f) of the first subparagraph of Article 6(1), and Article 21 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 …

… Article 57(4) of / must be interpreted as meaning that requests cannot be classified as ‘excessive’, within the meaning of that provision, solely on account of their number during a specific period, since the exercise of the option provided for in that provision is subject to the supervisory authority’s demonstrating the existence of an abusive intention on the part of the person who submitted those requests. 3. …

… Provisional text JUDGMENT OF THE COURT (First Chamber) 9 January 2025 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 57(1)(f) and Article 57(4) - Tasks of the supervisory authority - Concepts of a ‘request’ and ‘excessive requests’ - Charging of a reasonable fee or refusal to act on requests in the event of manifestly unfounded or excessive requests - Criteria which may guide the supervisory …

… Article 57(4) of / must be interpreted as meaning that, when faced with excessive requests, a supervisory authority may choose, by reasoned decision, between charging a reasonable fee based on administrative costs and refusing to act on those requests, taking account of all the relevant circumstances and satisfying itself that the chosen option is appropriate, necessary and proportionate. [Signatures] * Language of the case: German. …

… /. …

… In that regard, it is also apparent from Article 2(3) of /, read in conjunction with Article 99 of Regulation 2018/1725, that the latter regulation is to be adapted to the principles and rules of /. …

… on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1) lays down general rules to protect natural persons with regard to the processing of personal data and to ensure the free movement of personal data (Article 1(1) of /). 17 2018/1725 lays down rules relating to the protection of natural persons with regard to the processing of personal data by the EU institutions and bodies and rules relating to …

… Provisional text JUDGMENT OF THE COURT (Eighth Chamber) 19 December 2024 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 88(1) and (2) - Processing in the context of employment - Employees’ personal data - More specific rules provided for by a Member State pursuant to that Article 88 - Obligation to comply with Article 5, Article 6(1) and Article 9(1) and (2) of that regulation - Processing …

… Article 88(1) of / must be interpreted as meaning that, where a collective agreement falls within the scope of that provision, the margin of discretion that the parties to that agreement have to determine whether the processing of personal data is ‘necessary’, within the meaning of Article 5, Article 6(1) and Article 9(1) and (2) of that regulation, does not prevent the national court from carrying out a full judicial review in that regard. …

… Kranenborg, acting as Agents, having decided, after hearing the Advocate General, to proceed to judgment without an Opinion, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 82(1) and of Article 88(1) and (2), read in conjunction with Article 5, Article 6(1) and Article 9(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 …

… Moreover, Article 68(1) of the SIS Regulation provides that, ‘without prejudice to the provisions on remedies of [/] and of Directive [2016/680], any person may bring an action before any competent authority, including a court, under the law of any Member State to access, rectify, erase, obtain information or obtain compensation in connection with an alert relating to him or her’. 21 See, also, recital 46 of that 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, and corrigendum OJ 2018 L 127, p. 2)] and in Article 14 and Article 16 (1) and (2) of Directive (EU) 2016/680 [of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons …

… of the SIS Regulation, a flag is defined as ‘a suspension of the validity of an alert at the national level that may be added to alerts for arrest, alerts on missing and vulnerable persons and alerts for discreet, inquiry and specific checks and to information alerts’. 19 See order of the President of the Court of 5 December 2023, Cuprea (C-595/23, EU:C:2023:955). 20 Under Article 67(1) of that regulation, ‘data subjects shall be able to exercise the rights laid down in Articles 15, 16 and 17 of …

… Article 14(5)(c) and Article 77(1) of / must be interpreted as meaning that, in a complaint procedure, the supervisory authority is competent to verify whether the Member State law to which the controller is subject provides appropriate measures to protect the data subject’s legitimate interests, for the purposes of the application of the exception laid down in Article 14(5)(c). …

… Provisional text JUDGMENT OF THE COURT (Third Chamber) 28 November 2024 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data and the free movement of such data - (EU) / - Data processed when drawing up a COVID-19 certificate - Data not collected from the data subject - Information to be provided - Exception to the obligation to provide information - Article 14(5)(c) - Data generated by the controller in the context …

… Kranenborg, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 6 June 2024, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 14(1) and (5)(c), Article 32 and Article 77(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 …