Ait must take the necessary measures to ensure that each of the premises complies with the obligations provided for in the applicable domestic law b the operator is not established on the territory of the member state but in a place where its domestic law applies based on public international law c the operator is not established on the territory of the Community but for the purpose of processing personal data it uses automatic or nonautomatic means located on the territory of the respective member state unless these means are used only for the purpose of transit on the territory of the Community.
In the situations referred to in paragraph letter c the operator Country Email List must designate a representative established in the territory of the Member State in question without prejudice to legal actions that could be brought against the operator himself. CJEU law Two recent judgments of the Court of Justice of the European Union CJEU have introduced extended interpretations of the phrase within the activities of an establishment. In the Case of Google Spain and Google C the CJEU argued that within the activities does not mean performed by. The data processing activities of Google Inc. are inextricably linked to Google Spains activities regarding the promotion facilitation and sale of advertising space.
Consequently the processing of personal data is carried out within the activities of an operators headquarters on the territory of a member state within the meaning of this provision if the operator of a search engine establishes in a member state a and the sale of advertising space on the page of this engine whose activity is directed to the inhabitants of that Member State In the Weltimmo Case C the CJEU ruled that the phrase within the activities of an establishment cannot receive a restrictive interpretation. This results as the advocate general essentially pointed out in points and of the conclusions.
發表於 2023-12-24 17:18:17
