Teikėjai, kurie savo tekste tiesiogiai nurodė būtent šį straipsnio numerį. Tai citata iš jų pačių teksto — ne mūsų vertinimas ir ne priežastinis ryšys.
| Kas | Šalis | Ką parašė |
|---|---|---|
| Selbstregulierung Informationswirtschaft e.V. (SRIW) | DE | clarification to this regard. 12.4. The Monitoring In addition to drafting the Code of Conduct, the monitoring of the Code under Art. 41 GDPR plays a significant role. ↗ |
| ESOMAR | NL | proved Code of Conduct, pre-requisite is the monitoring of the adherence to its principles by an accredited Monitoring Body under Article 41 GDPR. For accreditation, monitoring bodies must meet the requirements defined by Art. 41 GDPR, as well as those of the ↗ |
| ANITEC-ASSINFORM | IT | e EDPB. The right to be heard before an administration takes a measure that would adversely affect a person is enshrined in Article 41 CFEU and has long been recognised as a general principle of EU law. The Guidelines describe the process for a con ↗ |
| SCOPE Europe | BE | in Europe and is an accredited monitoring body under the European General Data Protection Regulation since May 2021, pursuant to Article 41 GDPR. SCOPE Europe gathered expertise in levelling industry and data subject needs and interests to credible but also r ↗ |
| Bitkom e.V. | DE | ct. The EDPB and DPAs are noted for interpreting the GDPR in a manner that some perceive as conflicting with the clear wording of Article 41. This misalignment, especially regarding the monitoring of codes of conduct, needs clarification and practical support ↗ |
| BDI e.V. (Federation of German Industries) | DE | Regulation (EC) 864/2007. This means that only the national laws for international private law apply, e.g.: - in Germany Art 40, Art 41 EGBGB - in Austria national codification of international private law in the IPRG: compare § 5, § 48 IPRG. b) Administrativ ↗ |
| Insurance Europe | BE | to Article 41 GDPR, which is designed as a “may” clause, the establishment of a private monitoring body is optional. Due to the fact that the GDPR must apply to all industries, codes of conduct, which include industry-related specifications, create legal certa ↗ |
| AUSTRIAN FEDERAL ECONOMIC CHAMBER | AT | d be a bright success if they were approved more quickly and if there were no need to set up a monitoring body in accordance with Article 41 of the GDPR. Finding monitoring bodies that would like to take on these tasks is becoming increasingly difficult, as co ↗ |
| Bitkom e.V. | DE | European administrative procedure which leads to an effective exercise of fundamental rights to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the EU [and Article 6 of the European Convention of Human Rights] by the invest ↗ |
| ITI - Information Technology Industry Council | US | ated party, must provide direct recourse for appeal. Not recognising this infringes the fundamental right of good administration (Article 41 of the Charter of Fundamental Rights of the EU) and the rights of defence (Article 48 of the Charter) of the investigat ↗ |
| Hans-Hermann Schild | DE | n unter den Begriff „gute Verwaltung“ fallen, was speziell in Bezug auf die Tätigkeiten der Organe und Einrichtungen der Union in Art. 41 GRCh Ausdruck gefunden hat. Das Beschwer- deverfahren sollte gestärkt werden, um daraus einen echten ver- waltungsrechtlic ↗ |
| noyb | AT | A). Concept 2 should take care of this matter, as the national law of the relevant CSA/LSA applies, but the minimum guarantees of Article 41 CFR has to Procedural rights - Access to the file: modalities of access SAs do not always provide electronic access to ↗ |
| EuroCommerce | BE | ents. o The right to be heard should cover both the factual and legal elements raised in the investigation, as it is enshrined in Article 41 of the Charter of Fundamental Rights of the EU. The right to be heard should also be granted by the EDPB in the situati ↗ |
| ITI - Information Technology Industry Council | US | ith due regard to fair procedure rights conferred by national and EU law, including the right to good administration conferred by Article 41 of the Charter of Fundamental Rights of the EU. ↗ |
| Ecommerce Europe | BE | uring judicial proceedings. More specifically, we firmly argue that to give full effect to the right to be heard, as laid down in Article 41 of the Charter of Fundamental Rights of the European Union, it is vital that this right entails both factual and legal ↗ |
| Bitkom e.V. | DE | vestigation can only make submissions on factual points. We submit that to give full effect to the right to be heard enshrined in Article 41 of the Charter of Fundamental Rights of the EU, it is necessary that this right covers both the factual page 3 / 7 and ↗ |
| Polish Confederation Lewiatan | PL | tigation can only make submissions on factual points. • We insist that, to give full effect to the right to be heard enshrined in Article 41 of the Charter of Fundamental Rights of the EU (CFREU), it is necessary that this right covers both the factual and leg ↗ |
| AmCham Slovenija | SI | tigation can only make submissions on factual points. We insist that, to give full effect to the right to be heard enshrined in Article 41 of the Charter of Fundamental Rights of the EU (CFREU), it is necessary that this right covers both the factual and leg ↗ |
| Asociación Española de Economía Digital (Adigital) | ES | tigation can only make submissions on factual points. ● We insist that, to give full effect to the right to be heard enshrined in Article 41 of the Charter of Fundamental Rights of the EU (CFREU), it is necessary that this right covers both the factual and leg ↗ |
| American Chamber of Commerce to the EU (AmCham EU) | BE | ates, the parties under investigation can only make submissions on factual points. However, the right to be heard is enshrined in Article 41 of the Charter of Fundamental Rights of the EU; this includes both the factual and legal elements raised in an investig ↗ |
| American Chamber of Commerce in Poland | PL | tigation can only make submissions on factual points. • We insist that, to give full effect to the right to be heard enshrined in Article 41 of the Charter of Fundamental Rights of the EU (CFREU), it is necessary that this right covers both the factual and leg ↗ |
| European Digital Rights (EDRi) | BE | 1040 Bruxelles, Belgium | Tel. +32 2 274 25 70 | www.edri.org The complainant should always be heard at the EDPB level under Article 41 CFR. Complaintants should also have a right to be heard before all SAs. Additionally, the fact that the complainant was ↗ |
| CCIA - Computer & Communications Industry Association | BE | which the party has never had an opportunity to comment on. In order to ensure a fair and impartial hearing, and consistent with Article 41(2) CFR, the EDPB should be required to proactively disclose all relevant materials to the party under investigation. Th ↗ |
| Centre for Information Policy Leadership (CIPL) | BE | sidering any procedural deadlines. The worst outcome would be cases rushed to the decision under artificial deadlines contrary to Article 41 of the Charter of Fundamental rights, which would then more likely than not be challenged in court, ultimately extendin ↗ |
| Access Now Europe | FR | individual measure which would affect him or her adversely is taken; 19 EU Charter of Fundamental Rights, Article 41. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT consistent with the structure of the cooperation and consistency arrangem ↗ |
| SRIW & SCOPE Europe | DE | riations based on the same principles. ■ Member states e.g. could define additional requirements for monitoring bodies pur- suant Art. 41 GDPR if and to the extent they will be also monitoring public authorities or bodes (in general or related to specific auth ↗ |
| — | tions in Art. 40 and 41 GDPR should not be in- terpreted more strictly or even contrary to the wording by the EDPB. b) Reasoning: Article 41 subsection 1 GDPR rules that the monitoring of compliance with a code of conduct MAY be carried out by a body with an a ↗ | |
| Brave | US | ided for in Article 8(3) of the Charter, and by Article 16(2) of the TFEU. Article 52(4) of the GDPR (Regulation 2016/679/EU) and Article 41(1) of the LED (Directive 2016/680/EU) require that national governments give DPAs the human and financial resources nec ↗ |
Šaltinis: viešų konsultacijų atsiliepimai ir pozicijų dokumentai. n = 28 paminėjimų; skaičiuojama pažodinė nuoroda į straipsnio numerį.