Data Protection and GDPR Overview

Processing data only when absolutely necessary to achieve a specific purpose, ensuring it's directly relevant and doesn't unnecessarily impact individuals' rights.

Converting personal data into a form where the data subject can't be identified, ensuring privacy and security.

Ensuring personal data is accurate and kept up-to-date, balancing legal restrictions with potential harm from inaccurate information.

Setting time limits for how long personal data can be stored, ensuring it's only kept as long as necessary and deleted or anonymized afterwards.

Taking measures to protect personal data from unauthorized access, use, modification, disclosure, loss, destruction, or damage.

The European Court of Human Rights ruled that indefinitely storing a person's fingerprints, DNA profiles, and cell samples is disproportionate and unnecessary, even if the person was acquitted of criminal charges.

A legal doctrine within GDPR requiring data processing to be proportionate to its purpose, meaning it should not unnecessarily infringe on individuals' rights and freedoms.

The European Court of Justice ruled that data processing must be limited to what's necessary and directly relevant to the intended purpose, protecting individuals' privacy.

This right requires data controllers to provide individuals with detailed information about how their personal data is being processed, including the purpose, legal basis, retention period, and their rights. Think of it as a comprehensive 'data processing contract' for the individual.

This right allows individuals to access their personal data held by a controller. It allows them to know what data is being stored about them, how it's being used, and by whom. It's like having a look at your personal data file.

This right allows individuals to request that incorrect or incomplete data be corrected. If your data is wrong, this right gives you the power to make it right.

This right enables an individual to request the deletion of their personal data under certain circumstances, such as if it is no longer necessary for the original purpose or if the processing is unlawful. It's like hitting the 'delete' button on your data.

This right empowers individuals to ask that their personal data be restricted from further processing under certain conditions, such as while a data subject challenges the accuracy of their data. It's like putting a 'hold' on further processing of your data.

Free flow of data refers to the freedom to transfer personal data between EU Member States without restrictions. It's like a free trade zone for personal data within the EU.

An adequacy decision signifies that a non-EU country or territory has a data protection system that meets the EU's standards. It's like a stamp of approval saying that their laws are good enough to protect EU citizens' data.

Transfer of personal data to third countries or international organizations requires specific safeguards and mechanisms to ensure adequate protection of the data. It's like having a safety net for your data when it travels outside the EU.

The Amsterdam Treaty introduced Article 19 TFEU, empowering the EU to combat discrimination based on various grounds. It sets a legal framework for combating discrimination but doesn't extend the EU's lawmaking powers to this area.

The EU's Charter of Fundamental Rights (CFR) prohibits discrimination based on any ground, including sex, race, color, ethnicity, disability, age, etc. This list is not exhaustive, demonstrating the EU's broad stance on discrimination.

Article 157 TFEU mandates equal pay for men and women for equal work or work of equal value. This principle was originally designed to promote a fair playing field between genders in the workplace.

The EU's approach to equality law encompasses various sources, including treaties, the Charter of Fundamental Rights, legislation, case law, soft law, and international law. This multi-layered system ensures a comprehensive framework for fighting discrimination.

The EU has a robust approach to combating discrimination, stemming from the principles enshrined in its treaties, including equality, human dignity, and non-discrimination.

The law that governs the employment relationship between employers and employees. It covers aspects like contracts, employee rights, labor relations, and social security.

EU law primarily sets minimum standards for labor rights, allowing member states to go beyond these minimums, while excluding sensitive areas from EU control.

It promotes cooperation between member states in areas like equal pay, paid holidays, and social security for migrant workers. It aimed to create a single market without significantly involving itself in social issues.

The European Commission's reports on social developments and the establishment of the European Social Fund encouraged member states to take more action in the social sphere.

It introduced qualified majority voting (QMV) for health and safety, established social dialogue, and provided a legal basis for adopting non-discrimination laws. It also introduced the European Employment Strategy (EES), shifting focus to overall employment policy coordination.

The Treaty of Maastricht introduced a protocol on social policy, granting the Council authority to enforce negotiated collective agreements. This allowed more direct involvement of social partners in shaping labor law through agreements.

It emphasizes enhancing the living and working conditions of the population. It aims to achieve this through economic integration and free movement of workers, a balanced approach that addresses both economic prosperity and social well-being.

The EU uses directives, which are minimum harmonization measures that allow member states to exceed the standards set by the EU. This ensures a balance between common EU standards and national responsiveness to unique labor market and social needs.

It aims to make a single market by reducing barriers to trade, but also seeks to ensure a fair and balanced market through social legislation. This includes addressing concerns about labor exploitation and ensuring decent working conditions.

EU labor law is mainly concerned with setting minimum standards for employee rights, leaving the implementation and exceeding of these standards to national labor laws.

Dismissals unrelated to individual workers' performance, based on economic hardship. This could be restructuring, downsizing, or a decline in the business.

The unit where workers are assigned to perform their duties, not just the location, but the functional unit.

A grouping of resources with the goal of pursuing an economic activity, like a company or a division.

The EU protects workers during restructuring processes by balancing business freedom with worker protection.

Employers must consult workers' representatives to mitigate redundancy, explore alternatives, and avoid unnecessary dismissals.

EU law requires notification to public authorities at least 30 days before redundancies take effect, allowing them to assist with social measures like job training or retraining.

The Transfer of Undertakings Directive protects employees' rights when a business or part of a business changes ownership.

When a business transfers, the new owner must retain the same identity, meaning they continue the same economic activity and have the same essential resources. This ensures continuity for employees.

Article 157 TFEU has a dual purpose: eliminate unfair competition (economic) and promote social justice (social).

The CJEU has recognized that Article 157 TFEU has direct effect, meaning individuals can directly invoke it in court.

The social aim of promoting gender equality now takes precedence over the economic aim of Article 157 TFEU, as ruled in Schröder.

The social security directive allows exceptions to equal treatment, while Article 157 TFEU applies directly.

Occupational pensions fully funded by the employer are considered 'pay' under EU law and subject to equal pay rules.

The Recast Directive 2006/54 is the primary EU law on equality between men and women, covering equal pay, occupational social security, and access to employment.

Article 19 TFEU, introduced by the Amsterdam Treaty, aims to combat discrimination but is not directly effective, requiring unanimity or qualified majority voting for its implementation.

The Race Directive 2000/43 prohibits discrimination based on race or ethnic origin but not nationality, covering a wide scope of areas ranging from employment to social protection.