28.7.2014   

EN

Official Journal of the European Union

C 245/5

1.

Can Article 28(1) of Directive 95/46/EC (1) of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (‘the data protection directive’) be interpreted as meaning that the provisions of national law of a Member State are applicable in its territory to a situation in which a data controller runs a property-dealing website established only in another Member State and also advertises properties situated in the territory of that first Member State and the property owners have forwarded their personal data to a facility (server) for data storage and data processing belonging to the operator of the website in that other Member State?

2.

Can Article 4(1)(a) of the data protection directive, read in conjunction with recitals 18 to 20 of its preamble and Articles 1(2) and 28(1) thereof, be interpreted as meaning that the Hungarian Data Protection and Freedom of Information Authority (a Magyar Adatvédelmi és Információszabadság Hatóság, ‘the data protection authority’) may not apply the Hungarian law on data protection, as national law, to an operator of a property dealing website established only in another Member State, even if it also advertises Hungarian property whose owners transfer the data relating to such property probably from Hungarian territory to a facility (server) for data storage and data processing belonging to the operator of the website?

3.

Is it significant for the purposes of interpretation that the service provided by the data controller who operates the website is directed at the territory of another Member State?

4.

Is it significant for the purposes of interpretation that the data relating to the properties in the other Member State and the personal data of the owners are uploaded in fact from the territory of that other Member State?

5.

Is it significant for the purposes of interpretation that the personal data relating to those properties are the personal data of citizens of another Member State?

6.

Is it significant for the purposes of interpretation that the owners of the undertaking established in Slovakia have their habitual residence in Hungary?

7.

If it appears from the answers to the above questions that the Hungarian data protection authority may act but must apply the law of the Member State of establishment and may not apply national law, must Article 28(6) of the data protection directive be interpreted as meaning that the Hungarian data protection authority may only exercise the powers provided for by Article 28(3) of the data protection directive in accordance with the provisions of the legislation of the Member State of establishment and accordingly may not impose a fine?

8.

May the term ‘adatfeldolgozás’ (technical manipulation of data) used in both Article 4(1)(a) and in Article 28(6) of the [Hungarian version of the] data protection directive [to translate ‘data processing’] be considered to be equivalent to the usual term for data processing, ‘adatkezelés’, used in connection with that directive?