EU Charter Sample Clauses

EU Charter. ‘The freedom to conduct a business in accordance with Union law and national laws and practices is recognized.’ As regards the significance of the EU Charter for financial supervision law, see Xxx Xxxxxx, ‘Vijf jaar bindend EU-Handvest en het financieel toezichtrecht’ in Xxxxxxx Xxxxxxx, Xxxxx xx Xxxxx, and Xxxxx Xxxxx (eds) Vijf jaar bindend EU Grondrechtenhandvest (Deventer: Xxxxxxx Xxxxxx, 2015), pp. 277–350. (1) Occupational Pension Scheme (Obligatory Membership) Act. These provisions are elaborated in Chapter 4 of the Decree implementing the Pensions Act and the Occupational Pension Scheme (Obligatory Membership) Act.
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EU Charter and care, research, damage compensation et cetera. The following section therefore seeks to provide a general overview on how the citizens’ rights are nationally implemented. Given the focus of the deliverable on the citizens’ rights in eHealth, noteworthy aspects integrated in the national confidentiality, privacy, and data protection legislations will be introduced briefly where deemed relevant.
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EU Charter. The EU Charter is legally binding as per Article 6(1) TFEU, while the essence of the right as per Article 51 (1) EU Charter has been said to yet not be ascertain. 52 As the Charter of Fundamental rights became legally binding, the right to data protection found its way into the EU Treaties where it is codified in Article 16 TFEU and Article 39 TEU.53 Besides, Article 8 (2) EU Charter stipulates the requirements for an interference with Article 8 (1) EU Charter in a broad way. Paragraph 2 particularly requires data controllers and data processors to process the personal data “fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law”. Xxxxxx, the EU Charter provides the legislator with a certain margin of appreciation for determining the legitimate aim in correspondence with Article 52 (1) EU Charter that may justify an interference with the fundamental right to data protection for reasons of general interest.54 Article 52 (1) EU Charter requires that any limitation must be provided for by law and respect the essence of the fundamental rights and freedoms. The European Convention on Human Rights, on the contrary, provides a more specific list of legitimate aims in Article 8 (2) ECHR.
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EU Charter. The concept of informed consent has a pivotal role in medicine and within the data protection framework.55 In particular Article 8
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EU Charter. Citizens have to consent to two distinct conditions, once to the medical examination v. Sweden, Reports of Judgments and Decisions 1997‑IV, 27.08.1997, para. 38, 42, and 43. 52 Xxxxxxxx Xxxxxx X (2015) “Curtailing a right in flux: restrictions of the right to personal data protection” in: Xxxxxx Xxxxx Xxxxxxxx and Xxxxxxx Xxxxxx Xxxxxxx (eds.), “Hacia un nuevo régimen europeo de protección de datos. Towards a new European Data Protection Regime” Tirant lo Blanch (2015), p. 515. 53 Kranenborg H (2014) Art 8 – Protection of Personal Data. In: S. Xxxxx, X. Hervey, X. Xxxxxx & X. Xxxx (Eds.). The EU Charter of Fundamental Rights: A Commentary (pp. 223–266). London: Xxxx Publishing, para. 08.08. 54 Xxxxxx J, Xxxxxxx C(2013) The distinction between privacy and data protection in the jurisprudence of the CJEU and the ECtHR. International Data Privacy Law. Vol. 3. No. 4, p. 224. 55 Xxxxxxxxx X, Xxxxx P (2014) mHealth and data protection – the letter and the spirit of consent legal requirements. International Review of Law, Computers & Technology. Vol. 28, No. 2, 222–236, p. 222. xxxx://xx.xxx.xxx/10.1080/13600869.2013.801581. affecting their physical or mental integrity as well as to the processing of their patient data.
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EU Charter. The right of access to personal data is explicitly enshrined in Article 8(2) EU Charter and falls within the scope of the right to private and family life according to Article 8 ECHR56. The CJEU repeatedly confirmed that legislation not offering any opportunity for individuals to seek legal remedies in order to get access to their personal data, or to have their data rectified or erased, does not respect the essence of the fundamental right to effective judicial protection as laid down in Article 47 EU Charter.57 Article 47 (1) EU Charter in particular safeguards the right to an effective remedy for everyone whose rights and freedoms guaranteed by EU law have been violated. The existence of effective judicial review, pursuing to guarantee compliance with EU legislation, has been considered to be intrinsic to the rule of law.58 To this end, national Data Protection Authorities play an imperative role for respecting citizen’s rights, as they, for instance, own the competence to authorize access to specific national data spaces (e.g. French Health Data Hub).59
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Related to EU Charter

  • Charter The terms of this Lease shall be governed by and subject to the budget and fiscal provisions of the Charter of the City and County of San Francisco.

  • Articles of Association At the Effective Time, the Articles of Association of Merger Sub, as in effect immediately prior to the Effective Time, shall be the Articles of Association of the Surviving Company, until duly amended as provided therein, herein and by applicable Law.

  • Memorandum and Articles of Association The Company shall not take any action or omit to take any action that would cause the Company to be in breach or violation of its Amended and Restated Memorandum and Articles of Association.

  • Amendment of Bylaws These bylaws may be altered, amended or repealed, and new bylaws made, by the Board of Directors, but the stockholders may make additional bylaws and may alter and repeal any bylaws whether adopted by them or otherwise.

  • Certified Copies of Charter Documents Each of the Banks shall have received from the Borrower and each of its Subsidiaries a copy, certified by a duly authorized officer of such Person to be true and complete on the Closing Date, of each of (a) its charter or other incorporation documents as in effect on such date of certification, and (b) its by-laws as in effect on such date.

  • Certificate of Incorporation, Bylaws, and Minute Books The copies of the Articles of Incorporation and of the Bylaws of ATDH which have been delivered to Global are true, correct and complete copies thereof. The minute book of ATDH, which has been made available for inspection, contains accurate minutes of all meetings and accurate consents in lieu of meetings of the Board of Directors (and any committee thereof) and of the Shareholder of ATDH since the date of incorporation and accurately reflects all transactions referred to in such minutes and consents in lieu of meetings.

  • Certificate of Incorporation; Bylaws (a) At the Effective Time, the Certificate of Incorporation of Merger Sub, as in effect immediately prior to the Effective Time, shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended as provided by Delaware Law and such Certificate of Incorporation. (b) The Bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the Bylaws of the Surviving Corporation until thereafter amended.

  • Amendments to Charter Documents The Company covenants and agrees, that prior to its initial Business Combination it will not seek to amend or modify its Charter Documents, except as set forth therein. The Company acknowledges that the purchasers of the Public Securities in the Offering shall be deemed to be third party beneficiaries of this Agreement and specifically this Section 3.22.

  • Articles of Incorporation; Bylaws (a) At the Effective Time, the Articles of Incorporation of Company, as in effect immediately prior to the Effective Time, shall be the Articles of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Articles of Incorporation of the Surviving Corporation. (b) The Bylaws of Company, as in effect immediately prior to the Effective Time, shall be, at the Effective Time, the Bylaws of the Surviving Corporation until thereafter amended.

  • Organization Documents, Resolutions, Etc Receipt by the Administrative Agent of the following, each of which shall be originals or facsimiles (followed promptly by originals), in form and substance reasonably satisfactory to the Administrative Agent: (i) copies of the Organization Documents of each Loan Party certified to be true and complete as of a recent date by the appropriate Governmental Authority of the state or other jurisdiction of its incorporation or organization, where applicable, and certified by a secretary or assistant secretary of such Loan Party to be true and correct as of the Closing Date; (ii) such certificates of resolutions or other action, incumbency certificates and/or other certificates of Responsible Officers of each Loan Party as the Administrative Agent may require evidencing the identity, authority and capacity of each Responsible Officer thereof authorized to act as a Responsible Officer in connection with this Agreement and the other Loan Documents to which such Loan Party is a party; and (iii) such documents and certifications as the Administrative Agent may require to evidence that each Loan Party is duly organized or formed, and is validly existing, in good standing and qualified to engage in business in its state of organization or formation.

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