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Roles and Powers of National Data Protection Authorities journal article

Moving from Directive 95/46/EC to the GDPR: Stronger and More ‘European’ DPAs as Guardians of Consistency?

Andra Giurgiu, Tine A Larsen

European Data Protection Law Review, Volume 2 (2016), Issue 3, Page 342 - 352

Safeguarding the rights of the citizens to the protection of their personal data in an era of nearly ubiquitous computing has become increasingly challenging. National data protection authorities (DPAs), central actors in the data protection landscape, face a difficult task when fulfilling their missions and acting as guardians of these rights under the provisions of the outdated Directive 95/46/EC. Critical decisions of the Court of Justice of the European Union illustrate the challenge of 'stretching' the provisions regarding the powers and competences of DPAs under the Directive to make them applicable to current data processing realities. The article points out the existing problems under the current framework with regard to powers and competence of DPAs and examines if and to what extent they are mended by the General Data Protection Regulation (GDPR). It analyses substantive and procedural aspects of the new cooperation model under the one-stop-shop and consistency mechanisms and discusses whether and how these new tools successfully contribute to solve existing problems.


The 'Minimal' Approach: the CJEU on the Concept of 'Establishment' Triggering Jurisdiction for DPAs and Limitations of Their Sanctioning Powers (Case C-230/14, Weltimmo) journal article

Mark D. Cole, Andra Giurgiu

European Data Protection Law Review, Volume 1 (2015), Issue 4, Page 310 - 315

Case C-230/14, Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság, ECLI:EU:C:2015:639 Reference for a preliminary ruling - Protection of individuals with regard to the processing of personal data - Directive 95/46/EC - Articles 4(1) and 28(1), (3) and (6) - Controller who is formally established in a Member State - Impairment of the right to the protection of personal data concerning natural persons in another Member State - Determination of the applicable law and the competent supervisory authority - Exercise of the powers of the supervisory authority — Power to impose penalties Article 4 paragraph 1 and Article 28 paragraphs 1, 3 and 6 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, OJ L 281 of 23.11.1995, 31-50. (Official headline)


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