Content type · 50 cases · 1 courts
Case Law
Court decisions and jurisprudence from EU and national courts
Court: CJEU (50) Clear filter
CJEU 194
C-210/16 Unabhängiges Landeszentrum für Datenschutz v Wirtschaftsakademie Schleswig-Holstein 🔥 3 C-210/16 (Wirtschaftsakademie) CJEU Jun 5, 2018
CJEU: Facebook's German ad sales establishment triggers GDPR territorial scope Territorial Scope / Concept of “establishment”: Facebook Germany is responsible for promoting and selling advertising space and carries on activities addressed to persons residing… Jun 5, 2018
CJEU: Facebook fan page admin is joint controller with Facebook for data processing Joint controllers: The administrator of a fan page hosted on Facebook is a controller as it is “taking part, by its definition of parameters depending in particular on its target… Jun 5, 2018
CJEU: national DPA may exercise powers over local establishment handling only Powers of Supervisory Authority: Where an undertaking established outside the European Union has several establishments in different Member States, the supervisory authority of a… Jun 5, 2018
Jehovah’s Witnesses Access: Exercise of the right to access cannot be systematically denied on the basis of privacy violations without analyzing the specific circumstances. (¶¶ 89-94) CJEU Feb 1, 2018
Peter Nowak v Data Protection Commissioner The court emphasized, in accordance with the opinion of the Advocate General, that “if the identification of the data subject was prohibited by law or practically impossible on… CJEU Dec 20, 2017
Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Right to Adequate Legal Remedy: Making the admissibility of a legal action brought by a person alleging infringement of his right to data protection subject to the prior… CJEU Sep 27, 2017
Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Principles (Purpose Limitation): The objective of the processing of personal data is inextricably linked to the task of the controller. Consequently, the transfer of the task to… CJEU Sep 27, 2017
Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Principle of proportionality: The protection of the fundamental right to respect for private life at the European Union level “requires that derogations from the protection of… CJEU Sep 27, 2017
Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Lawful Basis (Public Interest): Article 7(e) Directive 95/46 must be interpreted as not precluding the processing of personal data by the authorities of a Member State for the… CJEU Sep 27, 2017
Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Lawful basis (in general): Subject to the exceptions permitted under Article 13 of the Data Protection Directive, all processing of personal data must comply, first, with the… CJEU Sep 27, 2017
Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Admissibility of illegally obtained evidence: Article 47 of the Charter of Fundamental Rights of the EU precludes national court from rejecting, as evidence of an infringement of… CJEU Sep 27, 2017
Valsts policijas Rīgas reģiona pārvaldes Kārtības policijas pārvalde v Rīgas pašvaldības SIA ‘Rīgas satiksme’ Rigas CJEU May 4, 2017
Patrick BREYER v. BUNDESREPUBLIK DEUTSCHLAND, (“BREYER”) The court emphasized, in accordance with the opinion of the Advocate General, that “if the identification of the data subject was prohibited by law or practically impossible on… CJEU Oct 19, 2016
Patrick BREYER v. BUNDESREPUBLIK DEUTSCHLAND, (“BREYER”) Necessity: The applicant cannot be deemed to have proved the necessity of having the personal data at issue transferred where the only justification provided was to supplement his… CJEU Oct 19, 2016
Patrick BREYER v. BUNDESREPUBLIK DEUTSCHLAND, (“BREYER”) Legitimate interest: Article 7(f) of Directive 95/46 “precludes Member States from excluding, categorically and in general, the possibility of processing certain categories of… CJEU Oct 19, 2016
Data Protection Commissioner v. Schrems and Facebook Schrems I CJEU Oct 6, 2015
Data Protection Commissioner v. Schrems and Facebook Schrems I CJEU Oct 6, 2015
Data Protection Commissioner v. Schrems and Facebook Schrems I CJEU Oct 6, 2015
Data Protection Commissioner v. Schrems and Facebook 🔥 4 Schrems I CJEU Oct 6, 2015
CJEU: Loading personal data on a webpage constitutes 'processing' under EU data Definition of processing: The operation of loading personal data on an internet page constitutes processing. (¶37) Oct 1, 2015
CJEU Bara: Transfer of tax data by ANAF to CNAS constitutes processing of personal data Processing: Both the transfer of the data by ANAF, and the subsequent processing by CNAS, constitute processing of personal data. (¶ 29) Oct 1, 2015
CJEU Bara: public body must inform data subjects of data transfer to another public body Principle of fairness and lawfulness: The requirement of fair processing laid down in Article 6 of Directive 95/46 requires a public administrative body to inform the data… Oct 1, 2015
CJEU Bara: Tax data transferred between public bodies constitutes personal data Personal data: Tax data transferred are personal data, since they are “information relating to an identified or identifiable natural person.” (¶ 29) Oct 1, 2015
CJEU Weltimmo: establishment under EU data protection law is broad, not based solely on Establishment: The concept of establishment must be interpreted broadly. The legal form of such establishment (e.g. branch, subsidiary etc) is not the determining factor. The… Oct 1, 2015
CJEU Bara: national law cannot excuse controller's duty to inform data subjects of Right to be informed: National law that does not require the specific transfer involved in the case cannot constitute “prior information” under Article 10 of Directive 95/46… Oct 1, 2015
CJEU: DPA may investigate complaints but cannot impose penalties outside its territory Data protection authorities powers and cooperation: In the event that the Hungarian DPA should consider that Weltimmo has an establishment not in Hungary, but in another Member… Oct 1, 2015
CJEU: Expert comment authorship is personal data even if professional and publicly Personal data: The information as to which expert is the author of each comment made by the external experts constitutes personal data even where the information is provided as… Jul 16, 2015
CJEU: Transparency has no automatic priority over data protection; access to expert info Necessity/proportionality: No automatic priority can be conferred on the objective of transparency over the right to protection of personal data.Where obtaining the information… Jul 16, 2015
CJEU: Transfers of personal data under Reg 45/2001 strictly limited by necessity Data transfers: Articles 7–9 of Regulation 45/2001 precisely limit the possibility of transferring personal data so as to make it subject to strict conditions which, if not… Jul 15, 2015
CJEU: Access to documents containing personal data requires applicant to establish Necessity: An applicant for access to documents containing personal data must establish necessity (i.e. the transfer must be the most appropriate of the possible measures and it… Jul 15, 2015
CJEU: Surnames in public meeting minutes remain personal data even if published online Personal data: Personal does not mean private. Surnames in minutes are personal data even where (i) the minutes refer to meetings in connection with the exercise of their public… Jun 11, 2015
CJEU: Camera image of identifiable person constitutes personal data Personal data: The image of a person recorded by a camera constitutes personal data because it makes it possible to identify the person concerned. (¶ 22) Dec 11, 2014
CJEU: Household exception is narrow; video surveillance covering public space is not Household exception: The household exception must be interpreted narrowly. Video surveillance that covers, even partially, a public space cannot be regarded as a purely personal… Dec 11, 2014
CJEU: Controller's legitimate interest may include protecting property, health and life Legitimate interest: Arts. 7(f), 11(2) and 13(1)(d) and (g) make it possible to take into account the legitimate interests of the controller in protecting the property, health and… Dec 11, 2014
MINISTER VOOR IMMIGRATIE V. M, 17.7.2014 (“Minister v. M”) Personal data: The data relating to the applicant for a residence permit included in the minute (applicant’s name, DOB, nationality, gender, ethnicity, religion and language)… CJEU Jul 17, 2014
MINISTER VOOR IMMIGRATIE V. M, 17.7.2014 (“Minister v. M”) Right to access: The right of access is a per-requisite to obtain rectification, erasure or blocking of personal data (¶¶ 44-46). To comply with the right of access it is… CJEU Jul 17, 2014
C-131/12 Google Spain SL and Google Inc. v AEPD and Mario Costeja González 🔥 3 C-131/12 (Google Spain) CJEU May 13, 2014
CJEU: Search engine operator is a data controller under Directive 95/46 Concept of ‘controller’: A search engine operator determines the purposes and means of that activity and thus of the processing of personal data that it itself carries out within… May 13, 2014
CJEU: Search engine crawling and indexing of personal data constitutes data processing Processing: The operation of loading personal data on an internet page must be considered processing (as the court held in Lindquist). Crawling the internet in search of… May 13, 2014
CJEU Google Spain: data subject may require search engine to remove links to outdated Legitimate interest balancing test: Legitimate interest requires balancing of the interest of the controller and third party with the interest of the data subject. In this… May 13, 2014
CJEU: Search engine operator has EU "establishment" via stable ad-selling subsidiary Concept of ‘establishment’: An ‘establishment’ exists where an organization engages in the effective and real exercise of activity through stable arrangements in a EU Member… May 13, 2014
CJEU: Data subjects may object to processing based on legitimate interests Right to object: A data subject has a right to object to the processing based on legitimate interest. Data controllers must suspend processing and conduct a review as soon as an… May 13, 2014
C-293/12 Digital Rights Ireland Ltd v Minister for Communications 🔥 4 C-293/12 (Digital Rights Ireland) CJEU Apr 8, 2014
CJEU: Mandatory communications metadata retention only justified for fighting serious Data retention: Legally mandated communications meta-data retention can only be a justified interference with the right of privacy and the right to data protection under EU law if… Apr 8, 2014
CJEU: Data retention obligations interfere with Article 7 CFR privacy rights Article 7 CFR: The obligation on providers of publicly available electronic communications services or public communications networks to retain data relating to a person’s private… Apr 8, 2014
CJEU: Member States may charge fees for data access rights under Directive 95/46 if not Access: Directive 95/46 does not require Member States to levy fees when the right of access to personal data is exercised, nor does it prohibit the levying of such fees as long… Dec 12, 2013