Letter to Member States because of DSA Violation

Alexander Schmalenberger made this acceso a documentos request to Comunicación

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La solicitud fue exitosa.

Alexander Schmalenberger

Dear Communication,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

The Letter by Mr. Breton to 21 Member states concerning DSA Implementation as reported here: https://www.contexte.com/actualite/media...

Yours faithfully,

Alexander Schmalenberger

COMM-ACCES-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 05/04/2024 and registered on 08/04/2024 under case number 2024/1898.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.

The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.

Yours faithfully,

DG Communication - Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

Alexander Schmalenberger

Dear Communication,

find here my contact details:

Taylor Wessing Partnerschaftsgesellschaft mbB
Hanseatic Trade Center
Am Sandtorkai 41
20457 Hamburg

Yours faithfully,

Alexander Schmalenberger

COMM-ACCES-DOCUMENTS@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 05/04/2024 and registered on 08/04/2024 under the case number
2024/1898.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 29/04/2024. We will let you know
if we need to extend this time limit for additional 15 working days.

To find more information on how we process your personal data, please see
[1]the privacy statement.

Yours faithfully,

DG Communication - Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

CNECT-CAD@ec.europa.eu,

22 Adjuntos

  • Attachment

    Reply EASE 2024 1898.pdf

    614K Download View as HTML

  • Attachment

    Document 1 Letter of Commissioner Breton to the Slovak authorities 16 February 2024.pdf

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  • Attachment

    Document 10 Letter of Commissioner Breton to the Croatian authorities 16 February 2024.pdf

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  • Attachment

    Document 11 Letter of Commissioner Breton to the Spanish authorities 16 February 2024.pdf

    283K Download View as HTML

  • Attachment

    Document 12 Letter of Commissioner Breton to the Greek authorities 16 February 2024.pdf

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  • Attachment

    Document 13 Letter of Commissioner Breton to the Estonian authorities 16 February 2024.pdf

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  • Attachment

    Document 14 Letter of Commissioner Breton to the German authorities 16 February 2024.pdf

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  • Attachment

    Document 15 Letter of Commissioner Breton to the Czech authorities 16 February 2024.pdf

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  • Attachment

    Document 16 Letter of Commissioner Breton to the Cypriot authorities 16 February 2024.pdf

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  • Attachment

    Document 17 Letter of Commissioner Breton to the Bulgarian authorities 16 February 2024.pdf

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  • Attachment

    Document 18 Letter of Commissioner Breton to the Polish authorities 16 February 2024.pdf

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  • Attachment

    Document 19 Letter of Commissioner Breton to the Luxembourgish authorities 16 February 2024.pdf

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  • Attachment

    Document 2 Letter of Commissioner Breton to the Slovenian authorities 16 February 2024.pdf

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  • Attachment

    Document 20 Letter of Commissioner Breton to the French authorities 16 February 2024.pdf

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  • Attachment

    Document 21 Letter of Commissioner Breton to the Belgian authorities 16 February 2024.pdf

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  • Attachment

    Document 3 Letter of Commissioner Breton to the Swedish authorities 16 February 2024.pdf

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  • Attachment

    Document 4 Letter of Commissioner Breton to the Romanian authorities 16 February 2024.pdf

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  • Attachment

    Document 5 Letter of Commissioner Breton to the Portuguese authorities 16 February 2024.pdf

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  • Attachment

    Document 6 Letter of Commissioner Breton to the Dutch authorities 16 February 2024.pdf

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  • Attachment

    Document 7 Letter of Commissioner Breton to the Maltese authorities 16 February 2024.pdf

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  • Attachment

    Document 8 Letter of Commissioner Breton to the Latvian authorities 16 February 2024.pdf

    285K Download View as HTML

  • Attachment

    Document 9 Letter of Commissioner Breton to the Lithuanian authorities 16 February 2024.pdf

    285K Download View as HTML

Hello,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/1898.

Please acknowledge the receipt of this message by return email.

Kind regards,

DG CONNECT Access to documents Team

Alexander Schmalenberger

Dear Communication,

thank you very much for providing the information.

Yours faithfully,

Alexander Schmalenberger