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… Provisional text JUDGMENT OF THE COURT (First Chamber) 26 September 2024 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 57(1)(a) and (f) - Tasks of the supervisory authority - Article 58(2) - Corrective powers - Administrative fine - Discretion of the supervisory authority - Limits) In Case C-768/21, REQUEST for a preliminary ruling under Article 267 TFEU from the Verwaltungsgericht Wiesbaden …

… Kranenborg, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 11 April 2024, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 57(1)(a) and (f), Article 58(2) 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 …

… On those grounds, the Court (First Chamber) hereby rules: Article 57(1)(a) and (f), Article 58(2) 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 95/46/EC (General Data Protection Regulation), must be interpreted as meaning that when a breach of personal data has been established, the supervisory …

… Provisional text OPINION OF ADVOCATE GENERAL COLLINS delivered on 12 September 2024 (1) Case C-247/23 [Deldits] (i) VP v Országos Idegenrendészeti Főigazgatóság (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 16 - Right to rectification of inaccurate personal data - Data relating to the gender of a transgender …

… In the light of the foregoing, I propose that the Court answer the questions referred by the Fővárosi Törvényszék (Budapest High Court, Hungary) as follows: Article 16 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 (General Data Protection Regulation), read in the light of Article 5(1)(d) thereof, must …

… (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; ‘the GDPR’). 3 Magyar Közlöny, 2007/83. 4 According to the Oxford Dictionary of English, Second Edition, Revised (2005), the gender neutral pronouns ‘they’, ‘them’ and ‘their’ may be used ‘to refer to a person of …

… of / by a subsidiary - Calculation of the amount of the fine - Consideration of the total turnover of the group of which the company concerned forms part - Criminal proceedings) 1. …

… Moreover, where such a fine is imposed, in conjunction with Article 83(9) of /, by a national court in the context of criminal proceedings, the actual fine must be assessed in the light of principles which are applicable in criminal law. …

… However, when determining the actual fine to be imposed, the concept of ‘undertaking’ must be interpreted in conjunction with Article 83(1) and (2) of / and used as one relevant element among others when considering the specific circumstances of the individual case. …

… must enable the data subject to exercise the rights guaranteed to him or her by / and, in particular, by Article 22 thereof. …

… Provisional text OPINION OF ADVOCATE GENERAL RICHARD DE LA TOUR delivered on 12 September 2024 (1) Case C-203/22 CK Interested parties: Dun & Bradstreet Austria GmbH, Magistrat der Stadt Wien (Request for a preliminary ruling from the Verwaltungsgericht Wien (Administrative Court, Vienna, Austria)) (Reference for a preliminary ruling - Protection of personal data - (EU) / - Article 15(1)(h) - Article 22 - Automated decision-making, including profiling - Assessment of the creditworthiness …

… The present request for a preliminary ruling concerns the interpretation, first, of Article 15(1)(h) and (4) and Article 22 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) (2) (‘the GDPR’), and, secondly, Article 2(1) of Directive (EU) 2016/943 of the European Parliament …

… JUDGMENT OF THE COURT (Fourth Chamber) 12 September 2024 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Points (b), (c) and (f) of the first subparagraph of Article 6(1) - Lawfulness of processing - Necessity of processing for the purpose of performing a contract to which the data subject is party - Necessity of processing for the purpose of complying with a legal obligation incumbent on the controller …

… Kranenborg, acting as Agents, having decided, after hearing the Advocate General, to proceed to judgment without an Opinion, gives the following Judgment 1 These requests for a preliminary ruling concern the interpretation of points (b) and (f) of the first subparagraph of Article 6(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, …

… Point (c) of the first subparagraph of Article 6(1) of / must be interpreted as meaning that that processing of personal data is justified, under that provision, where it is necessary for compliance with a legal obligation to which the controller is subject, under the law of the Member State concerned, as stated by the case-law of that Member State, on condition that that case-law is clear and precise, that its application is foreseeable for those persons subject to it and that …

… Provisional text OPINION OF ADVOCATE GENERAL RICHARD DE LA TOUR delivered on 5 September 2024 (1) Case C-416/23 Österreichische Datenschutzbehörde other parties: FR, Bundesministerin für Justiz (Request for a preliminary ruling from the Verwaltungsgerichtshof (Supreme Administrative Court, Austria)) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 57(4) - Tasks of the supervisory authority - Request …

… Article 57(4) 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) (2) (‘the GDPR’) offers the supervisory authorities, when confronted with requests which are manifestly unfounded or excessive, in particular because of their repetitive character, the possibility of charging …

… In the light of all the foregoing considerations, I propose that the Court should answer the questions referred for a preliminary ruling by the Verwaltungsgerichtshof (Supreme Administrative Court, Austria) as follows: Article 57(4) 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 …

… See JORF No 129, of 6 June 2010 (p. 42). 59 See, by way of comparison, the choice of alternative criteria, namely the place where the controller (or processor) has an establishment or the place where the data subject has his or her habitual residence, offered by the EU legislature in data protection matters in (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 …

… (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). 45 For all that, it is not apparent from the Commission’s line of argument that all the information referred to in Article 39(2) of Regulation 2022/2065, and in particular the period during which the advertising …

… Article 6 of Directive 2000/31/EC of the European Parliament and of 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), Article 5 of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ 2019 L 186, p. 57) and Article 15 of …

… (EU) / (2) (‘the GDPR’) aims to ensure a high level of protection of natural persons with regard to the processing of their personal data. In order to do so, it places on controllers an obligation to respect a number of principles when they process personal data, including the principle of ‘data minimisation’ and the principle of lawfulness of processing. 2. …

… Provisional text OPINION OF ADVOCATE GENERAL SZPUNAR delivered on 11 July 2024 (1) Case C-394/23 Association Mousse v Commission nationale de l’informatique et des libertés (CNIL), SNCF Connect (Request for a preliminary ruling from the Conseil d’État (France)) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - Article 6(1) - Principle of lawfulness of processing - Article 5(1)(c) - Principle of data minimisation …

… Point (f) of Article 6(1) and Article 5(1)(c) of / must be interpreted as meaning that the processing of data relating to the title of customers of a transport company cannot be regarded as necessary for the purposes of the legitimate interests pursued by the controller or by a third party, within the meaning of that provision, in so far as that company has not informed the users from whom those data were collected of a legitimate interest pursued by the processing of those data …

… Provisional text JUDGMENT OF THE COURT (Fourth Chamber) 11 July 2024 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - (EU) / - First sentence of Article 12(1) - Transparency of information - Article 13(1)(c) and (e) - Obligation of the controller to provide information - Article 80(2) - Representation of data subjects by a consumer protection association - Representative action in the absence of a mandate and …

… Kranenborg, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 25 January 2024, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of 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 …

… On those grounds, the Court (Fourth 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 meaning that the condition that an authorised entity, in order to be able to bring a representative action under that provision …