EU · Year 3 · Fundamental Rights & Data Protection
Charter, Data & Digital
Fundamental rights and data protection.
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Show all 9 questions and answers in this book
1.When did the Charter of Fundamental Rights become legally binding?
With the Treaty of Lisbon on 1 December 2009, having the same legal value as the Treaties (Art 6(1) TEU).
Art 6(1) TEU
2.Article 51(1) of the Charter — scope?
The Charter binds the EU institutions and the Member States only when they are implementing Union law.
Charter Art 51(1)
3.Åkerberg Fransson (Case C-617/10) — held?
Member States "implement Union law" whenever a situation falls within the scope of EU law; national tax penalties linked to VAT were covered.
Case C-617/10, EU:C:2013:105
4.Melloni (Case C-399/11) — held?
A Member State cannot apply a higher national standard of rights protection where that would undermine the primacy, unity and effectiveness of EU law (the European Arrest Warrant).
Case C-399/11, EU:C:2013:107
5.Digital Rights Ireland (C-293/12 and C-594/12) — held?
The Data Retention Directive was invalid as a disproportionate interference with Articles 7 and 8 of the Charter.
EU:C:2014:238
6.Google Spain (Case C-131/12) — held?
Search engines are controllers and can be required to delist results about a person (the "right to be forgotten").
Case C-131/12, EU:C:2014:317
7.Schrems I (C-362/14) and Schrems II (C-311/18) — held?
Schrems I (2015) invalidated the Safe Harbour decision; Schrems II (2020) invalidated the EU–US Privacy Shield while upholding standard contractual clauses subject to checks.
EU:C:2015:650; EU:C:2020:559
8.What is the EU AI Act?
Regulation (EU) 2024/1689, a risk-based framework for artificial intelligence that bans certain practices and regulates high-risk systems.
Regulation (EU) 2024/1689
9.What is the Digital Services Act?
Regulation (EU) 2022/2065 on intermediary services, with extra duties for very large online platforms and search engines.
Regulation (EU) 2022/2065