Podcast
Questions and Answers
Which of the following treaties introduced Article 19 TFEU, allowing the EU to tackle discrimination based on grounds such as sexual orientation, age, and disability?
Which of the following treaties introduced Article 19 TFEU, allowing the EU to tackle discrimination based on grounds such as sexual orientation, age, and disability?
Which of the following statements BEST describes the key role of the CJEU in EU equality law?
Which of the following statements BEST describes the key role of the CJEU in EU equality law?
Which EU directive provides a comprehensive framework for gender equality, covering areas such as equal pay, access to employment, and social security?
Which EU directive provides a comprehensive framework for gender equality, covering areas such as equal pay, access to employment, and social security?
Which of the following legal provisions directly prohibits nationality-based discrimination in the context of employment?
Which of the following legal provisions directly prohibits nationality-based discrimination in the context of employment?
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Which of the following is NOT a key provision within the Insolvency Directive (2008/94/EC)?
Which of the following is NOT a key provision within the Insolvency Directive (2008/94/EC)?
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What is the primary purpose of the European Social Fund (ESF)?
What is the primary purpose of the European Social Fund (ESF)?
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Which of these statements BEST describes the concept of 'social dialogue' in the context of EU labor law?
Which of these statements BEST describes the concept of 'social dialogue' in the context of EU labor law?
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According to the content, which case established a broad definition of 'employees' in the context of transfers of undertakings, potentially including those not formally employed by the transferor?
According to the content, which case established a broad definition of 'employees' in the context of transfers of undertakings, potentially including those not formally employed by the transferor?
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What is the purpose of the Insolvency Directive (2008/94/EC)?
What is the purpose of the Insolvency Directive (2008/94/EC)?
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Which EU directive addresses issues related to collective redundancies in the context of restructuring processes?
Which EU directive addresses issues related to collective redundancies in the context of restructuring processes?
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Which of the following is NOT a key theme to understand for success with the exam according to the content?
Which of the following is NOT a key theme to understand for success with the exam according to the content?
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Which of the following is NOT a core theme of the European Pillar of Social Rights?
Which of the following is NOT a core theme of the European Pillar of Social Rights?
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Which of the following is a focus area mentioned in the content?
Which of the following is a focus area mentioned in the content?
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Which of the following is a key issue emerging in EU labor law due to the rise of platform work and digitalization?
Which of the following is a key issue emerging in EU labor law due to the rise of platform work and digitalization?
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Which EU directive strengthened work-life balance provisions, enhancing parental leave and flexible working arrangements?
Which EU directive strengthened work-life balance provisions, enhancing parental leave and flexible working arrangements?
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Which of the following is a direct outcome of the Treaty of Rome (1957) in relation to social objectives within the EU?
Which of the following is a direct outcome of the Treaty of Rome (1957) in relation to social objectives within the EU?
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Which EU directive aims to ensure workers have access to a minimum of 4 weeks of paid leave per year?
Which EU directive aims to ensure workers have access to a minimum of 4 weeks of paid leave per year?
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Which of the following is NOT an emerging issue discussed in the content?
Which of the following is NOT an emerging issue discussed in the content?
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Which legal document guarantees equality between men and women in all areas within the EU?
Which legal document guarantees equality between men and women in all areas within the EU?
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What is the main principle established in the Transfer of Undertakings Directive (2001/23/EC) regarding employees' contracts and collective agreements?
What is the main principle established in the Transfer of Undertakings Directive (2001/23/EC) regarding employees' contracts and collective agreements?
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How does the Regulation 883/2004 contribute to the social security of mobile workers within the EU?
How does the Regulation 883/2004 contribute to the social security of mobile workers within the EU?
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Which of the following examples BEST exemplifies a concept of 'work of equal value', as interpreted by the CJEU in the context of Article 157 TFEU?
Which of the following examples BEST exemplifies a concept of 'work of equal value', as interpreted by the CJEU in the context of Article 157 TFEU?
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Which EU directive explicitly prohibits discrimination based on racial or ethnic origin in areas such as employment, education, and housing?
Which EU directive explicitly prohibits discrimination based on racial or ethnic origin in areas such as employment, education, and housing?
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Which treaty empowered social partners (trade unions and employers) to negotiate agreements that could be enforced as directives?
Which treaty empowered social partners (trade unions and employers) to negotiate agreements that could be enforced as directives?
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Which of the following is NOT a protected characteristic covered by the Framework Equality Directive (2000/78/EC) in employment contexts?
Which of the following is NOT a protected characteristic covered by the Framework Equality Directive (2000/78/EC) in employment contexts?
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What is the main purpose of the proposed Horizontal Equality Directive (COM/2008/0426)?
What is the main purpose of the proposed Horizontal Equality Directive (COM/2008/0426)?
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In the case of Feryn, what type of discrimination was established against the employer?
In the case of Feryn, what type of discrimination was established against the employer?
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What is the key objective of the Achbita case in relation to discrimination?
What is the key objective of the Achbita case in relation to discrimination?
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Which of the following scenarios constitutes direct discrimination?
Which of the following scenarios constitutes direct discrimination?
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Which of the following is NOT a potential justification for direct discrimination?
Which of the following is NOT a potential justification for direct discrimination?
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What are the two key criteria for justifying indirect discrimination?
What are the two key criteria for justifying indirect discrimination?
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When does the burden of proof shift to the respondent in a discrimination case?
When does the burden of proof shift to the respondent in a discrimination case?
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Which of the following is NOT a step in the three-step test for assessing discrimination?
Which of the following is NOT a step in the three-step test for assessing discrimination?
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What is the primary legal basis for EU equality provisions?
What is the primary legal basis for EU equality provisions?
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Which directive establishes minimum safety and health requirements for organizing working time?
Which directive establishes minimum safety and health requirements for organizing working time?
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Which of the following circumstances is NOT covered by the scope of the Working Time Directive?
Which of the following circumstances is NOT covered by the scope of the Working Time Directive?
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According to the CJEU, which of the following can be considered working time?
According to the CJEU, which of the following can be considered working time?
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What is the rationale behind the EU directives aiming to mitigate the social costs of restructuring processes?
What is the rationale behind the EU directives aiming to mitigate the social costs of restructuring processes?
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What is the key element defining collective redundancies as stated in the Collective Redundancies Directive (98/59/EC)?
What is the key element defining collective redundancies as stated in the Collective Redundancies Directive (98/59/EC)?
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What type of information must employers provide to worker representatives during consultation regarding collective redundancies?
What type of information must employers provide to worker representatives during consultation regarding collective redundancies?
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Which of the following is NOT a key concern regarding data protection laws formulated in the 1970s?
Which of the following is NOT a key concern regarding data protection laws formulated in the 1970s?
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The European Convention on Human Rights (ECHR) emphasizes data protection as a key right.
The European Convention on Human Rights (ECHR) emphasizes data protection as a key right.
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Which of these is NOT a reason cited for the need for a new data protection law, like the GDPR, to replace the 1995 Directive?
Which of these is NOT a reason cited for the need for a new data protection law, like the GDPR, to replace the 1995 Directive?
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The concept of "informational privacy" emphasizes:
The concept of "informational privacy" emphasizes:
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What are the key challenges faced by the Data Protection Directive (1995)? (Select all that apply)
What are the key challenges faced by the Data Protection Directive (1995)? (Select all that apply)
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Which of these is NOT a reason for the evolution of data protection laws?
Which of these is NOT a reason for the evolution of data protection laws?
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What are the key aims of the General Data Protection Regulation (GDPR)? (Select all that apply)
What are the key aims of the General Data Protection Regulation (GDPR)? (Select all that apply)
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Which international declaration first acknowledged privacy as a fundamental human right?
Which international declaration first acknowledged privacy as a fundamental human right?
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What are the key mechanisms for ensuring appropriate safeguards under Article 46 of the GDPR?
What are the key mechanisms for ensuring appropriate safeguards under Article 46 of the GDPR?
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What is the purpose of the adequacy decisions issued by the European Commission regarding data transfers to non-EU countries?
What is the purpose of the adequacy decisions issued by the European Commission regarding data transfers to non-EU countries?
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According to GDPR Article 77, which of these authorities can individuals file complaints with regarding data protection infringements?
According to GDPR Article 77, which of these authorities can individuals file complaints with regarding data protection infringements?
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What is the significance of the Schrems I and II rulings regarding data transfers to the United States?
What is the significance of the Schrems I and II rulings regarding data transfers to the United States?
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What is the role of Binding Corporate Rules (BCRs) in ensuring data protection within multinational organizations?
What is the role of Binding Corporate Rules (BCRs) in ensuring data protection within multinational organizations?
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Which of these is NOT a key responsibility of supervisory authorities under the GDPR?
Which of these is NOT a key responsibility of supervisory authorities under the GDPR?
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According to Article 83 of the GDPR, what are the maximum fines that can be imposed for violations?
According to Article 83 of the GDPR, what are the maximum fines that can be imposed for violations?
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Which of these is NOT a factor considered when determining the severity of a GDPR fine?
Which of these is NOT a factor considered when determining the severity of a GDPR fine?
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What is the right to judicial remedy under Article 78 of the GDPR?
What is the right to judicial remedy under Article 78 of the GDPR?
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What is the significance of the "market-making" and "market-correcting" rationales for labor law?
What is the significance of the "market-making" and "market-correcting" rationales for labor law?
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What is the primary source of EU labor law?
What is the primary source of EU labor law?
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What is the key difference between national and EU labor law in terms of scope?
What is the key difference between national and EU labor law in terms of scope?
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What is the significance of the "continuous improvement" language in Article 117 of the Treaty of Rome regarding working conditions?
What is the significance of the "continuous improvement" language in Article 117 of the Treaty of Rome regarding working conditions?
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Which of these is NOT an example of a national data protection authority?
Which of these is NOT an example of a national data protection authority?
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Which of the following illustrates a key principle of international data transfer within the EU and EEA?
Which of the following illustrates a key principle of international data transfer within the EU and EEA?
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According to the GDPR, which of the following is an example of a lawful transfer of personal data from the EU to a third country?
According to the GDPR, which of the following is an example of a lawful transfer of personal data from the EU to a third country?
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What is the primary purpose of pseudonymization under the GDPR?
What is the primary purpose of pseudonymization under the GDPR?
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In the context of the GDPR, what is the key difference between anonymization and pseudonymization?
In the context of the GDPR, what is the key difference between anonymization and pseudonymization?
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Which of the following is NOT a requirement for a third country to receive an adequacy decision under the GDPR?
Which of the following is NOT a requirement for a third country to receive an adequacy decision under the GDPR?
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Which of the following rights under the GDPR allows individuals to request the deletion of their personal data in certain circumstances?
Which of the following rights under the GDPR allows individuals to request the deletion of their personal data in certain circumstances?
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The GDPR requires controllers to implement and demonstrate compliance with all its principles. What is this principle known as?
The GDPR requires controllers to implement and demonstrate compliance with all its principles. What is this principle known as?
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Which of the following actions is NOT a technical measure for protecting integrity and confidentiality of personal data under the GDPR?
Which of the following actions is NOT a technical measure for protecting integrity and confidentiality of personal data under the GDPR?
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Which of the following is a valid example of an organizational policy for protecting integrity and confidentiality of personal data under the GDPR?
Which of the following is a valid example of an organizational policy for protecting integrity and confidentiality of personal data under the GDPR?
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Which of the following is NOT a valid scenario for data subjects to exercise their right to rectification under the GDPR?
Which of the following is NOT a valid scenario for data subjects to exercise their right to rectification under the GDPR?
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According to the 'Right to Be Forgotten' principle, when can data subjects NOT request the erasure of their personal data?
According to the 'Right to Be Forgotten' principle, when can data subjects NOT request the erasure of their personal data?
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Individuals can request restrictions on data processing under the GDPR when:
Individuals can request restrictions on data processing under the GDPR when:
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In what circumstances can data subjects object to the processing of their personal data under the GDPR?
In what circumstances can data subjects object to the processing of their personal data under the GDPR?
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What did the Digital Rights Ireland case (2014) establish as a crucial principle for GDPR compliance?
What did the Digital Rights Ireland case (2014) establish as a crucial principle for GDPR compliance?
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The S. and Marper v. UK (2008) case emphasized what key aspect of data retention?
The S. and Marper v. UK (2008) case emphasized what key aspect of data retention?
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Which of the following is NOT a key GDPR principle emphasized in this content?
Which of the following is NOT a key GDPR principle emphasized in this content?
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Which of the following is NOT a principle of data processing under GDPR's Article 5?
Which of the following is NOT a principle of data processing under GDPR's Article 5?
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Which of the following is a valid legal basis for processing personal data under Article 6 of the GDPR?
Which of the following is a valid legal basis for processing personal data under Article 6 of the GDPR?
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Which of the following scenarios demonstrates a violation of the purpose limitation principle under Article 5 of the GDPR?
Which of the following scenarios demonstrates a violation of the purpose limitation principle under Article 5 of the GDPR?
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Which of the following describes the principle of Data Minimization?
Which of the following describes the principle of Data Minimization?
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What does the term 'Processor' refer to under GDPR?
What does the term 'Processor' refer to under GDPR?
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In the context of GDPR, what does 'Consent' require?
In the context of GDPR, what does 'Consent' require?
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Applying GDPR's territorial scope, Which of the following scenarios does NOT fall under its jurisdiction?
Applying GDPR's territorial scope, Which of the following scenarios does NOT fall under its jurisdiction?
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According to the CJEU ruling in the Google Spain case, which of the following statements is true?
According to the CJEU ruling in the Google Spain case, which of the following statements is true?
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What is the main purpose of the GDPR?
What is the main purpose of the GDPR?
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Which of the following factors would NOT be considered when assessing the compatibility of further processing of data for a new purpose?
Which of the following factors would NOT be considered when assessing the compatibility of further processing of data for a new purpose?
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Which of the following actions is NOT an obligation of a data controller under the principle of Accuracy?
Which of the following actions is NOT an obligation of a data controller under the principle of Accuracy?
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Which of the following examples demonstrates the principle of Purpose Limitation?
Which of the following examples demonstrates the principle of Purpose Limitation?
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Which of the following statements about GDPR's applicability is TRUE?
Which of the following statements about GDPR's applicability is TRUE?
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Under which principle of GDPR is pseudonymization encouraged?
Under which principle of GDPR is pseudonymization encouraged?
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What is the primary difference between a Controller and a Processor?
What is the primary difference between a Controller and a Processor?
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Study Notes
Introduction to Data Protection and the GDPR
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Privacy vs. Data Protection: Privacy protects individuals' private lives, rooted in human rights frameworks like the ECHR. Data protection regulates personal data processing, ensuring control over data use.
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Historical Development of Privacy Rights: International milestones include the UDHR (1948) and ECHR (1950), recognizing privacy as a fundamental right. Evolution in Europe addressed privacy in the context of rebuilding a fair, democratic society.
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Technological Advancements and Privacy: Technology improves efficiency, communication, and societal productivity, but increases data collection and processing capacity. "Informational privacy" is a concept emphasizing individual control over personal data.
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Evolution of Data Protection Laws: Early laws (1970s) addressed misuse of personal information by public authorities and corporations. The EU recognized data protection as a fundamental right (TFEU, Charter of Fundamental Rights).
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EU Data Protection Laws: Key Milestones: The 1995 Data Protection Directive aimed for EU-wide uniformity but lacked consistency and enforcement due to implementation variations and rapid technological change. The 2016 GDPR replaced and strengthened the directive, harmonizing data protection across member states.
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GDPR: Core Elements: The GDPR defines "personal data" as any identifiable information relating to an individual. "Processing" includes operations like collection, storage, and erasure of data. "Controller" determines the processing purpose and method; "processor" handles data on behalf of the controller.
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Consent (Article 4): Consent requirements are freely given, specific, informed, and unambiguous, via clear affirmative action (opt-in); data subjects can withdraw consent.
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Territorial Scope (Article 3): Applicable to EU controllers and processors regardless of data processing location, including non-EU entities offering goods/services to EU citizens or monitoring their actions.
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Material Scope (Article 2): The GDPR covers automated and structured manual data processing systems but excludes personal and household activities or public security/criminal law-related processing.
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Principles of Data Processing (Article 5): Lawfulness, fairness, and transparency ensure ethical data handling. Data must be limited to specific, legitimate purposes, minimized in quantity, accurate, limited in storage duration, secure in integrity and confidentiality; and under accountability by controllers.
GDPR Principles & Rights of Data Subjects
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Principles of Data Processing: The GDPR requires all data processing to adhere to fairness, transparency, and security principles.
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Lawfulness, Fairness, and Transparency: Processing is lawful only if one of six conditions applies: Consent, contractual necessity, legal obligation, vital interests, public interest, or legitimate interests (balanced against data subject rights). Fairness involves avoiding negative surprises; transparency requires clear communication of processing activities.
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Purpose Limitation: Data must be collected for explicit, legitimate purposes; further processing for compatible purposes is acceptable without new consent (based on compatibility factors and appropriate safeguards).
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Data Minimization: Collect only necessary data, implementing privacy-enhancing techniques like pseudonymization to mitigate identification risk. A proportionality test balances the processing purpose against potential impact on the data subject's rights.
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Accuracy: Ensure data accuracy and up-to-date; rectify mistakes promptly and verify data regularly or periodically.
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Storage Limitation: Retain data only as long as needed for its purpose; erase or anonymize data after use. Anonymization removes identifiers, while pseudonymization masks them but allows re-identification.
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Integrity and Confidentiality: Protect data from unauthorized access, loss, or breaches through technical measures (e.g., encryption) and organizational policies (e.g., staff training).
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Accountability: Controllers are responsible for implementing and demonstrating compliance through records of processing activities and regular audits.
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Rights of Data Subjects: The GDPR strengthens data subject rights, enabling control over personal information.
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Right to be Informed: Controllers must provide detailed information about data processing, including identity, purpose, recipients, retention periods, and data subject rights.
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Right of Access: Allows data subjects to request confirmation of data processing, a copy of personal data, details about processing purposes and recipients, and retention periods, and rights to rectification, erasure, or objection.
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Right to Rectification: Subjects can correct inaccurate data.
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Right to Erasure (“Right to Be Forgotten”): Data erasure when no longer needed, consent is withdrawn, processing is unlawful, or subject objects without overriding grounds preventing erasure.
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Right to Restrict Processing: Subjects can restrict processing if data accuracy is disputed, processing is unlawful but erasure is opposed, or data is needed for legal claims.
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Right to Object: Subjects can object to processing primarily based on legitimate interests (e.g., direct marketing) or when processing is performed in the public interest.
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Pseudonymization vs. Anonymization: Pseudonymization masks data for re-identification with further information, while anonymization removes all identifiers permanently.
International Data Transfers and Enforcement Mechanisms
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International Transfer of Personal Data: Data transfer within the EU/EEA is free, but transfers to third countries require compliance through adequacy decisions or appropriate safeguards (e.g., SCCs, BCRs).
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Adequacy Decisions: The European Commission evaluates whether a third country provides an adequate level of data protection equivalent to EU standards.
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Appropriate Safeguards: If no adequacy decision exists, data exporters use safeguards like Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs).
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Schrems Saga: Key cases, Schrems I and II, invalidated the Safe Harbour and EU-US Privacy Shield frameworks due to insufficient safeguards against US surveillance.
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GDPR Enforcement Mechanisms: Supervisory authorities monitor GDPR compliance, investigate complaints, conduct audits, and impose fines.
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Data Subject Rights: Individuals can file complaints with supervisory authorities; rights to judicial remedy and compensation for GDPR violations exist.
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Sanctions (Article 83 GDPR): Enforcement includes significant fines (up to €20 million or 4% global turnover) based on factors including the gravity of the infringement, duration, number of affected subjects, and cooperation during investigations.
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Supervisory Authorities: Independent bodies in each member state responsible for investigations, enforcement, and imposing fines and corrective actions.
EU Equality Law
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Development and Sources of EU Equality Law: Started with equal pay for men and women (Article 119 EEC/ 157 TFEU), expanded through the Amsterdam Treaty (Article 19 TFEU), and the Charter of Fundamental Rights.
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Article 157 TFEU: Directly effective, ensuring equal pay for work of equal value (includes severance, travel, and pension provisions).
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Equality Beyond Gender: Article 19 TFEU combats discrimination based on race, religion, disability, age, and sexual orientation.
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Common Concepts and Tests for Discrimination: EU law recognizes direct and indirect discrimination, harassment, and instructions to discriminate; it considers justifications (e.g., genuine occupational requirements).
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Types of Discrimination: Direct discrimination treats someone differently because of a protected characteristic; Indirect discrimination uses neutral provisions that disadvantage people with protected characteristics. Harassment and instructions to discriminate are also prohibited.
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Tools for Assessing Discrimination: The three-step process for discrimination analysis involves confirming if the case involves discrimination, determining if direct or indirect discrimination has occurred, and evaluating if the treatment can be justified.
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Burden of Proof: The claimant initially demonstrates discrimination; the respondent proves that no violation occurred.
EU Labour Law – Working Time and Workers’ Rights in Restructuring Processes
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Working Time Regulation: The Working Time Directive (2003/88/EC) sets maximum working hours, rest periods, and paid leave; it aims to improve worker safety and health. Key provisions include daily/weekly rest, maximum weekly hours, and minimum annual leave.
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Collective Redundancies Directive (98/59/EC): Protects employees during redundancies; Employers must consult worker representatives. Public notification of redundancies (number of workers, reasons) are required.
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Transfers of Undertakings Directive (2001/23/EC): Ensures employee rights transfer with corporate ownership changes. Consultations are required, and dismissals must be justified on economic, technical, or organizational grounds unrelated to employee identity.
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Insolvency Directive (2008/94/EC): Guarantees minimum protection for employees during employer insolvency, covering outstanding wages/contributions and ensuring contributions are paid. Cross-border insolvency cases determine which state’s regulations apply.
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Emerging Issues: Digitalization, platform work, and work-life balance impact workers' rights requiring adjustments to existing regulations. Psychosocial risks (mental health in the workplace) are also emerging as concerns.
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Description
Test your knowledge on EU equality law, including key treaties, directives, and the role of the CJEU. This quiz covers important topics such as anti-discrimination measures and the European Social Fund. Challenge yourself and see how well you understand the intricacies of labor law within the EU.