Data protection case law Court of Justice

Transparent information, communication and modalities for the exercise of the rights of the data subject

1 pending referral

Referral C-487/21 (Österreichische Datenschutzbehörde and CRIF, 9 Aug 2021)


1 preliminary ruling

Judgment of 29 Jul 2019, C-40/17 (Fashion ID)

Article 2(h) and Article 7(a) of Directive 95/46 must be interpreted as meaning that, in a situation such as that at issue in the main proceedings, in which the operator of a website embeds on that website a social plugin causing the browser of a visitor to that website to request content from the provider of that plugin and, to that end, to transmit to that provider personal data of the visitor, the consent referred to in those provisions must be obtained by that operator only with regard to the operation or set of operations involving the processing of personal data in respect of which that operator determines the purposes and means. In addition, Article 10 of that directive must be interpreted as meaning that, in such a situation, the duty to inform laid down in that provision is incumbent also on that operator, but the information that the latter must provide to the data subject need relate only to the operation or set of operations involving the processing of personal data in respect of which that operator actually determines the purposes and means.


Disclaimer