procedural

2 posts

CJEU C-768/21 Land Hessen (DPA obligation to act)

members – 1 min read

DPAs aren't obliged to exercise a corrective power in all cases of a breach, in particular imposing a fine, for example if the controller took necessary measures to end and further prevent the breach.

Sep 26, 2024

AG Tour on DPA complaints (C-416/23 Österreichische Datenschutzbehörde - excessive requests)

members – 2 min read

Advocate General Opinion: The Art. 57(4) concept of 'requests' covers 'complaint' in 57(1)(f) and 77(1) and aren't 'excessive' just because there are many in a certain period; the DPA must show abusive intent, and can then charge a fee or refuse to act.

Sep 6, 2024

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