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Case Law C-768/21 (26/09/2024)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/26/2024

Subject: According to the Court, when a breach of personal data has been established, the supervisory authority is not obliged to exercise a corrective power, in particular the power to impose an administrative fine, where this is not necessary to remedy the shortcoming found and to ensure that the General Data Protection Regulation is fully enforced (Regulation (EU) 2016/679). This could be the case, inter alia, where, as soon as the controller became aware of the breach, it took the necessary measures to ensure that that breach was brought to an end and did not recur

Parties: Land Hessen (Obligation d’agir de l’autorité de protection des données)

Classification: Freedoms - Art. 8 Personal data: fairly processing

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