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Whether GDPR Article 82(1) grants compensation for damages resulting from a violation of the right of access under GDPR Article 15(1).

Yes, GDPR Article 82(1) grants compensation for damages resulting from a violation of the right of access under GDPR Article 15(1). The court interprets Article 82(1) broadly, stating that compensation is not limited to damages resulting from processing activities but also covers violations of rights under Chapter III, including the right of access. The sys...

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Does the GDPR require a prior violation of data protection rules for a data subject to exercise their right of access under Article 15 GDPR?

No, the GDPR does not require a prior violation of data protection rules for a data subject to exercise their right of access under Article 15 GDPR. The Opinion clarifies that the right of access under Article 15 GDPR is an independent right that does not depend on the existence of a prior violation of data protection rules. The purpose of the right of acce...

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Whether Article 85(1) GDPR prevents Member States from enacting laws that go beyond Article 85(2) GDPR by introducing deviations from certain chapters of the GDPR for processing of personal data serving purposes other than journalistic, scientific, artistic or literary, on the ground that such laws are necessary to reconcile the right to data protection with the right to freedom of expression and information.

Yes, Article 85(1) GDPR prevents Member States from enacting such laws. The Court held that Article 85(1) establishes a general obligation for Member States to reconcile data protection with freedom of expression through national legislation, but Article 85(2) provides the only express authorization for Member States to deviate from specific chapters of the...

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Whether FFAR provisions on data processing comply with the GDPR, particularly Articles 6 and 10.

FFAR provisions on data processing may be compatible with GDPR if they pursue a legitimate interest, are necessary for that purpose, and the data processing is proportionate. The referring court must verify compliance with the three-part test under GDPR. The Court applies the three-part test from GDPR Article 6(1)(f): legitimate interest, necessity, and bal...

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Facts

The Irish Data Protection Commission initiated an investigation into WhatsApp's compliance with GDPR transparency obligations in December 2018.

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Does the contested decision circumvent the limits of the Commission's enforcement jurisdiction by targeting Broadcom's EU subsidiary?

No, the contested decision does not circumvent jurisdiction. The Court found that the concept of 'undertaking' under EU competition law covers the economic unit, which may consist of several legal entities. Therefore, even if the request had been addressed only to the subsidiary, the obligations of the parent company would have been the same. The single eco...

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