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… / 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… Legal context European Union law 3 With effect from 25 May 2018, Directive 95/46 was repealed and replaced by (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of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consumers may constitute such a ‘suitable measure’. 36 That court notes, in this regard, that Article 80(2) of /, which repealed and replaced Directive 95/46, expressly authorises the bringing of legal proceedings by such an association, which would tend to confirm that the latter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with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31), now repealed by (EU) / of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data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. …

… / 17. Pursuant to Article 99(2), / is to apply from 25 May 2018. Article 94(1) of that regulation provides that Directive 95/46 is repealed with effect from that date. 18. Article 9 of that regulation, entitled ‘Processing of special categories of personal data’, provides: ‘1. …

… That interpretation is supported by the fact that / not only maintained the prohibition (32) of the processing of sensitive data but even extended those categories. (33) 74. …

… 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. …

… In addition it emphasises that (EU) / (‘the GDPR’), (5) which has replaced Directive 95/46, now explicitly confers such a right on associations in its Article 80(2). (6) 25. The Defendant and Facebook Ireland argue that Directive 95/46 does not allow for standing of such associations, because no such standing is expressly provided for, as Directive 95/46 aims, in their view, at full harmonisation. …

… Legislation on data protection: (EU) / (5) 9. …

… I therefore take the view that the justification set out in Article 6(1)(c) of / is present here. 66. …

… Consequently, what we appear to have here is a processing of personal data which, in principle, is not consistent with the purpose for which that data was collected, contrary to the rule laid down in Article 5(1) (b) of /. 63. Such a processing of personal data could, however, be justified. It would be sufficient in this regard, for example, for the natural persons concerned to give their consent, in accordance with Article 6(1)(a) of /. …

… That directive has since been 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 (General Data Protection Regulation) (OJ 2016 L 119, p. 1) with effect from 25 May 2018. 3 OJ 2010 C 83, p. 391. 4 Articles 7 and 11 of the Charter correspond to the rights established by Articles 8 and 10 …