IP case law Court of Justice

Referral C-693/22 (I., 10 Nov 2022)

Should Article 5(1)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1, as amended), in conjunction with Article 6(1)(a), (c) and (e) of that regulation, as well as Article 6(3) thereof, be interpreted as precluding a provision of national law that permits the sale, in enforcement proceedings, of a database, within the meaning of Article 1(2) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ 1996 L 77, p. 20, as amended), which contains personal data, if the data subject did not consent to such a sale?

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