Der Verarbeitung personenbezogener Daten, zum freien Datenverkehr und zur Aufhebung der Richtlinie 95/46/EG” (im Folgenden „Richtlinie“ oder „DSGVO“). zum freien Datenverkehr und zur Aufhebung der Richtlinie 95/46/EG. Die Datenschutz-Grundverordnung (DSGVO) ist eine Verordnung der Europäischen Union. Directive 95/46/EC of the European Parliament and of the Council of 24 October Richtlinie 95/46/EG des Europäischen Parlaments und des Rates vom


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Context[ edit ] The right to privacy is a highly developed area of law in Europe. Article 8 of the ECHR provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions.

EU-Vorlagen: Direktauswahl

The European Court of Human Rights has given this article a very broad interpretation in its jurisprudence. This convention obliges the signatories to enact legislation concerning the automatic processing of personal data, which many duly did.

The European Commission realised that diverging data protection legislation amongst EU member states impeded the free flow of data within the EU and accordingly proposed the Data Protection Directive.

Content[ edit ] The directive regulates the processing of personal data regardless of whether such processing is automated or not.

Scope[ edit ] Personal data are defined as "any information relating to an identified or richtlinie 95 46 eg natural person "data subject" ; an identifiable person is one who can be identified, directly or richtlinie 95 46 eg, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;" art.

Data Protection Directive - Wikipedia

This definition is meant to be very broad. Data are "personal data" when someone is able to link the information to a person, even if the person holding the data cannot make this link. Some examples of "personal data" are: The notion processing means "any operation richtlinie 95 46 eg set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;" art.

The responsibility for compliance rests on the shoulders of the "controller", meaning the natural or artificial richtlinie 95 46 egpublic authority, agency or any other richtlinie 95 46 eg which alone or jointly with others determines the purposes and means of the processing of personal data; art.

In principle, any online business trading with EU residents would process some personal data and would be using equipment in the EU to process the data i. As a consequence, the website operator would have to comply with the European data protection rules. The directive was written before the breakthrough of the Internet, and to date there is little jurisprudence on this subject.

Principles[ edit ] Personal data should not be processed at all, except when certain conditions are met. These conditions fall into three categories: Transparency[ edit ] The data subject has the right to be informed when his personal data is being processed.

Data Protection Directive

The controller must provide his name and address, the purpose of processing, the recipients of the data and all other information required to ensure the processing is fair.

The data subject has richtlinie 95 46 eg right to access all data processed about him. The data subject even has the right to demand the rectification, deletion richtlinie 95 46 eg blocking of data that is incomplete, inaccurate or not being processed in compliance with the data protection rules.

The data must be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that data which are inaccurate or incomplete, having regard to the purposes for which they were collected or for which they are further processed, are erased or rectified; The data shouldn't be kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the data were collected or for which they are further processed.

Übermittlung in Drittländer - English translation – Linguee

Member States shall lay down appropriate safeguards for personal data stored for longer periods for historical, statistical or scientific use.

When sensitive personal data can be: The data subject may object at any time to the processing of personal data for the purpose richtlinie 95 46 eg direct marketing.


Supervisory authority and the public register of processing operations[ edit ] Each member state must set up a supervisory authority, an independent body that will monitor the data protection level in that member state, give advice to the government about administrative richtlinie 95 46 eg and regulations, and start legal richtlinie 95 46 eg when data protection regulation has been violated.

The controller must notify the supervisory authority before he starts to process data. The notification contains at least the following information art.


This information is kept in a public register. Transfer of personal data to third countries[ richtlinie 95 46 eg ] Third countries is the term used in legislation to designate countries outside the European Union. Personal data may only be transferred to third countries if that country provides an adequate level of protection.

Some exceptions to this rule are provided, for instance when the controller himself can guarantee that the recipient will comply with the data protection rules.