#materials #GDPR #privacy #terms
Размышления доктора Carlo Piltz на тему использованного в гдпр термина “undue delay”, и сколько же это?
Выжимки:
🔹With regard to an implementing decision in another field of law, the ECJ found that the term "without undue delay" was not compatible with a time limit of several weeks or even, as in the present case, several months, given its customary meaning in everyday language (ECJ, judgment of 05.09.2019, C-443/18, recital 38).
🔹In a further judgment, the Court found that the use of the term “without undue delay” does not specify a precise time limit within which action should be taken. Although it requires prompt action, it leaves some room for interpretation (ECJ, judgment of 18.11.1999, C-151/98 P, recital 25).
🔹Concerning Art. 34 (1) GDPR, the EDPB comments on the term in its WP 250 adopted by the Article 29 Working Party on the Guidelines on Personal data breach notification under Regulation 2016/679: The GDPR states that communication of a breach to individuals should be made “without undue delay,” which means as soon as possible (p. 20).
🔹It is apparent that the term "without undue delay" requires a case-by-case analysis, taking into account the individual circumstances and conditions of each case, and is not subject to a hard conceptual definition that defines concrete absolute periods of time within which an action must take place.
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Размышления доктора Carlo Piltz на тему использованного в гдпр термина “undue delay”, и сколько же это?
Выжимки:
🔹With regard to an implementing decision in another field of law, the ECJ found that the term "without undue delay" was not compatible with a time limit of several weeks or even, as in the present case, several months, given its customary meaning in everyday language (ECJ, judgment of 05.09.2019, C-443/18, recital 38).
🔹In a further judgment, the Court found that the use of the term “without undue delay” does not specify a precise time limit within which action should be taken. Although it requires prompt action, it leaves some room for interpretation (ECJ, judgment of 18.11.1999, C-151/98 P, recital 25).
🔹Concerning Art. 34 (1) GDPR, the EDPB comments on the term in its WP 250 adopted by the Article 29 Working Party on the Guidelines on Personal data breach notification under Regulation 2016/679: The GDPR states that communication of a breach to individuals should be made “without undue delay,” which means as soon as possible (p. 20).
🔹It is apparent that the term "without undue delay" requires a case-by-case analysis, taking into account the individual circumstances and conditions of each case, and is not subject to a hard conceptual definition that defines concrete absolute periods of time within which an action must take place.
Подробнее в LinkedIn
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