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CJEU: Directive 95/46 Art. 7(f) has direct effect; sufficiently precise and unconditional

Original title: ASOCIACION NACIONAL DE ESTABLECIMIENTOS FINANCIEROS DE CREDITO (ASNEF) AND FEDERACION DE COMERCIO ELECTRONICO Y MARKETING DIRECTO (FECEMD) V. ADMINISTRACION DEL ESTADO, 24.Nov.2011 (“ASNEF”)

Judgment

Applicability
AG Opinion
Summary

Direct applicability of Directive 95/46: Whenever the provisions of a Directive appear to be unconditional and sufficiently precise,they have direct effect if the Member State has failed to implement that Directive in domestic law by the end of the prescribed period. Article 7(f) is sufficiently precise, as it states an unconditional obligation. (¶¶ 52-55)

Full text 2 paragraphs

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## Court Summary Valid purposes for processing: EU data protection law sets out an exhaustive and restrictive list of cases in which the processing of personal data can be regarded as lawful. Member States cannot add new principles relating to the lawfulness of processing or impose additional requirements. (¶¶ 29-32) ## Excerpt 29 Accordingly, it has been held that the harmonisation of those national laws is not limited to minimal harmonisation but amounts to harmonisation which is generally complete. It is upon that view that Directive 95/46 is intended to ensure free movement of personal data while guaranteeing a high level of protection for the rights and interests of the individuals to whom such data relate (Lindqvist, paragraph 96). 30 Consequently, it follows from the objective of ensuring an equivalent level of protection in all Member States that Article 7 of Directive 95/46 sets out an exhaustive and restrictive list of cases in which the processing of personal data can be regarded as being lawful.

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31 That interpretation is corroborated by the term ‘may be processed only if’ and its juxtaposition with ‘or’ contained in Article 7 of Directive 95/46, which demonstrate the exhaustive and restrictive nature of the list appearing in that article. 32 It follows that Member States cannot add new principles relating to the lawfulness of the processing of personal data to Article 7 of Directive 95/46 or impose additional requirements that have the effect of amending the scope of one of the six principles provided for in Article 7.

How it connects

2 of 2 paragraphs apply legislation or carry a topic — see them in the full text ↓
Guidelines 06/2020 interplay of the Second Payment Services Directive and the GDPR Guidelines on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR Dec 15, 2020 International Transfer GDPR Article 5 Principles of Processing Personal Data
Guidelines 2/2019 processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects 1 Adopted Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects Version 2.0 8 October… Oct 16, 2019 Personal Data Processing Child Consent
Guidelines 04/2021 Codes of Conduct as tools for transfers Guidelines on codes of conduct and monitoring bodies Feb 22, 2022 International Transfer Processing Agreement Codes of Conduct