Official Journal of the European Union

C series

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C/2025/2166

22.4.2025

(Case C-638/23,

(1)

Amt der Tiroler Landesregierung)

(Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 4(7) - Concept of ‘controller’ - Direct designation of the controller by national law - Auxiliary administrative entity in the service of a regional government - Lack of legal personality - Lack of legal capacity of the entity’s own - Determination of the purposes and means of the processing)

(C/2025/2166)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Amt der Tiroler Landesregierung

Defendant: Datenschutzbehörde

In the presence of: Bundesministerin für Justiz

Operative part of the judgment

Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

must be interpreted as not precluding national legislation which designates, as controller, an auxiliary administrative entity lacking legal personality and legal capacity of its own, without specifying, in a precise manner, the specific processing operations of personal data for which that entity is responsible or the purpose of those operations in so far as, first, such an entity is able to fulfil, in accordance with that national legislation, the obligations on a controller towards data subjects with respect to the protection of personal data and, second, that national legislation determines, explicitly or at least implicitly, the scope of the processing of personal data for which that entity is responsible.

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(1) OJ C C/2024/712.

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ELI: http://data.europa.eu/eli/C/2025/2166/oj

ISSN 1977-091X (electronic edition)

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