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第 65 條 通用数据保护条例 委員會之爭議解決

... 5. 歐洲資料委員會之主席應將第 1項所述之裁決告知相關監管機關, 不得無故遲延。其亦應通知執委會。該裁決應在監管機關依第 6 項所 述通知最終裁決後立即在歐洲資料委員會之網站上公布。 ...

Article 65 通用数据保护条例 Dispute resolution by the Board

... 5. The Chair of the Board shall notify, without undue delay, the decision referred to in paragraph 1 to the supervisory authorities concerned. It shall inform the Commission thereof. The decision shall be published on the website of the Board without delay after the supervisory authority has notified the final decision referred to in paragraph 6. ...

第 45 條 通用数据保护条例 基於充足程度保護決定之移轉

... 8. 執委會應於歐洲聯盟官方公報及網站上,公布已決定或不再確保 具充足程度保護之第三國、第三國內之領域及特定部門、及國際組織 之名單。 ...

Article 45 通用数据保护条例 Transfers on the basis of an adequacy decision

... 8. The Commission shall publish in the Official Journal of the European Union and on its website a list of the third countries, territories and specified sectors within a third country and international organisations for which it has decided that an adequate level of protection is or is no longer ensured. ...

通用数据保护条例 Recital 58

... (58) 透明原則要求任何傳達予公眾或資料主體之資訊皆須簡潔、容易 取得且容易理解,以清楚簡易之語言作成,並且適當地視覺化。該等 資訊之提供得以電子形式,例如要傳達給公眾時透過網站呈現。尤其 於行為者繁多且實務技術複雜之情形,會造成資料主體難以知悉並理 解其個人資料是否、由誰、以什麼目的被蒐集,例如網路廣告之情形。 有鑑於兒童值得特別保護,任何提供予兒童之資訊及溝通應採用兒童 易於理解之清楚簡易之語言。 ...

通用数据保护条例 Recital 58

... (58) The principle of transparency requires that any information addressed to the public or to the data subject be concise, easily accessible and easy to understand, and that clear and plain language and, additionally, where appropriate, visualisation be used. Such information could be provided in electronic form, for example, when addressed to the public, through a website. This is of particular relevance in situations where the proliferation of actors and the technological complexity of practice make it difficult for the data subject to know and understand whether, by whom and for what purpose personal data relating to him or her are being collected, such as in the case of online advertising. Given that children merit specific protection, any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand. ...

通用数据保护条例 Recital 143

... (143) 任何自然人或法人皆有權利對委員會裁決依歐洲聯盟運作條 約第 263 條向歐盟法院提起裁決無效之訴。作為該等裁決之相對人, 如相關監管機關欲對之提出異議者,應依照歐洲聯盟運作條約第 263 條規定,於收受通知之兩個月內提起之。當委員會之裁決係直接且個 別涉及於控管者、處理者或申訴人,依歐洲聯盟運作條約第 263 條規定,後者得在裁決於委員會網站上公布之兩個月內,提起裁決無效之 訴。自然人或法人就監管機關對其作成有法律效果之裁決應得向該管 會員國法院尋求有效司法救濟,且不影響其依歐洲聯盟運作條約第 263 條所享有之權利。該裁決尤其涉及監管機關調查、矯正及授權之 權力行使,或申訴之不受理或駁回。然而,受有效司法救濟之權利並 不包含監管機關所採取之不具法律拘束力之措施,例如監管機關公告 之意見或提出之建議。對監管機關之訴訟應對監管機關設立地之會員 國法院提起之,且須依照該會員國程序法之規定進行。此等法院應行 使完整之審判權,包括應審理與爭議有關之一切事實上及法律上問 題。 ...

通用数据保护条例 Recital 143

... (143) Any natural or legal person has the right to bring an action for annulment of decisions of the Board before the Court of Justice under the conditions provided for in Article 263 TFEU. As addressees of such decisions, the supervisory authorities concerned which wish to challenge them have to bring action within two months of being notified of them, in accordance with Article 263 TFEU. Where decisions of the Board are of direct and individual concern to a controller, processor or complainant, the latter may bring an action for annulment against those decisions within two months of their publication on the website of the Board, in accordance with Article 263 TFEU. Without prejudice to this right under Article 263 TFEU, each natural or legal person should have an effective judicial remedy before the competent national court against a decision of a supervisory authority which produces legal effects concerning that person. Such a decision concerns in particular the exercise of investigative, corrective and authorisation powers by the supervisory authority or the dismissal or rejection of complaints. However, the right to an effective judicial remedy does not encompass measures taken by supervisory authorities which are not legally binding, such as opinions issued by or advice provided by the supervisory authority. Proceedings against a supervisory authority should be brought before the courts of the Member State where the supervisory authority is established and should be conducted in accordance with that Member State's procedural law. Those courts should exercise full jurisdiction, which should include jurisdiction to examine all questions of fact and law relevant to the dispute before them. ...

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方针 Guidelines 4/2019 on Article 25 Data Protection by Design and by Default Version 2.0.

... Moreover, necessary information should also be provided in the right context, at the appropriate time. Since the controller carries out many processing operations using the data collected on the website, a general privacy policy on the website alone is not sufficient for the controller to meet the requirements of transparency. The controller therefore designs an information flow, presenting the data subject with relevant information within the appropriate contexts using e.g. informational snippets or pop-ups. For example, when asking the data subject to enter personal data, the controller informs the data subject of how the personal data will be processed and why that personal data is necessary for the processing. ...

第 65 條 通用数据保护条例 委員會之爭議解決

... 6. 領導監管機關或受理申訴之監管機關(視情況而定)應根據本條 第 1 項所述之裁決作出其最終裁決,不得無故遲延,且最遲應於委員 會告知其裁決後一個月內為之。領導監管機關或受理申訴之監管機關 (視情況而定)應將其分別通知控管者或處理者以及資料主體其最終 裁決之日期通知委員會。相關監管機關之最終裁決應根據第 60 條第 7 項、第 8 項及第 9 項之規定通過。最終裁決應參照本條第 1 項所述 之裁決,並應具體說明該項所述之裁決將依本條第 5 項之規定在委員 會之網站上公布。最終裁決應附有本條第 1 項所述之裁決。 ...

Article 65 通用数据保护条例 Dispute resolution by the Board

... 6. The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged shall adopt its final decision on the basis of the decision referred to in paragraph 1 of this Article, without undue delay and at the latest by one month after the Board has notified its decision. The lead supervisory authority or, as the case may be, the supervisory authority with which the complaint has been lodged, shall inform the Board of the date when its final decision is notified respectively to the controller or the processor and to the data subject. The final decision of the supervisory authorities concerned shall be adopted under the terms of Article 60(7), (8) and (9). The final decision shall refer to the decision referred to in paragraph 1 of this Article and shall specify that the decision referred to in that paragraph will be published on the website of the Board in accordance with paragraph 5 of this Article. The final decision shall attach the decision referred to in paragraph 1 of this Article. ...

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方针 Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)

... It is however important to recall that Recital 23 confirms that the mere accessibility of the controller’s, processor’s or an intermediary’s website in the Union, the mention on the website of its e-mail or geographical address, or of its telephone number without an international code, does not, of itself, provide sufficient evidence to demonstrate the controller or processor’s intention to offer goods or a services to a data subject located in the Union. In this context, the EDPB recalls that when goods or services are inadvertently or incidentally provided to a person on the territory of the Union, the related processing of personal data would not fall within the territorial scope of the GDPR. ...

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方针 Guidelines on consent under Regulation 2016/679

... 18. [Example 2] A local municipality is planning road maintenance works. As the road works may disrupt traffic for a long time, the municipality offers its citizens the opportunity to subscribe to an email list to receive updates on the progress of the works and on expected delays. The municipality makes clear that there is no obligation to participate and asks for consent to use email addresses for this (exclusive) purpose. Citizens that do not consent will not miss out on any core service of the municipality or the exercise of any right, so they are able to give or refuse their consent to this use of data freely. All information on the road works will also be available on the municipality’s website. ...

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方针 Guidelines on consent under Regulation 2016/679

... 96. [Example 17] A data controller may also obtain explicit consent from a visitor to its website by offering an explicit consent screen that contains Yes and No check boxes, provided that the text clearly indicates the consent, for instance “I, hereby, consent to the processing of my data”, and not for instance, “It is clear to me that my data will be processed”. It goes without saying that the conditions for informed consent as well as the other conditions for obtaining valid consent should be met. ...

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方针 Article 29 Working Party Guidelines on transparency under Regulation 2016/679

... Both Articles 13 and 14 refer to the obligation on the data controller to “provide the data subject with all of the following information…” The operative word here is “provide”. This means that the data controller must take active steps to furnish the information in question to the data subject or to actively direct the data subject to the location of it (e.g. by way of a direct link, use of a QR code, etc.). The data subject must not have to actively search for information covered by these articles amongst other information, such as terms and conditions of use of a website or app. The example at paragraph 11 illustrates this point. As noted above at paragraph 17, WP29 recommends that the entirety of the information addressed to data subjects should also be available to them in one single place or one complete document (e.g. whether in a digital form on a website or in paper format) which can be easily accessed should they wish to consult the entirety of the information. ...