Charter, ECHR & GDPR

Question 1

Is the European Convention on Human Rights an EU instrument?

Accepted Answer

No. It is a Council of Europe treaty (signed 1950, in force 1953) enforced by the European Court of Human Rights in Strasbourg. (Source: ECHR (1950))

Question 2

Opinion 2/13 (2014) — outcome?

Accepted Answer

The CJEU found the draft agreement on EU accession to the ECHR incompatible with EU law. (Source: Opinion 2/13, EU:C:2014:2454)

Question 3

GDPR — regulation number and date of application?

Accepted Answer

Regulation (EU) 2016/679; applies from 25 May 2018. (Source: Regulation (EU) 2016/679)

Question 4

GDPR Art 83 — maximum administrative fines?

Accepted Answer

Up to €20 million or 4% of total worldwide annual turnover of the preceding financial year, whichever is higher. (Source: GDPR Art 83(5))

Question 5

Google Spain (Case C-131/12, 2014) — held?

Accepted Answer

Search engine operators are controllers and can be required to delist results about a person that are inadequate, irrelevant or excessive (the "right to be forgotten"). (Source: EU:C:2014:317)

1.Is the European Convention on Human Rights an EU instrument?

2.Opinion 2/13 (2014) — outcome?

3.GDPR — regulation number and date of application?

4.GDPR Art 83 — maximum administrative fines?

5.Google Spain (Case C-131/12, 2014) — held?