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Posts tagged #balancing of interests

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Austrian OGH: Emergency Right-of-Way Granted for Construction

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a ruling authorising an emergency right of way to facilitate property development. The applicant is the owner of a property located in Vienna, which was previously utilised...

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OGH: Physicians' Rating Portal is Permissible

Data Privacy Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) has declared the processing of personal data of physicians by a rating platform to be permissible. A Vienna ophthalmologist and the Vienna Medical Association sued a physicians' rating platform w...

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OGH: Members of a cooperative have right of inspection under the GDPR

Civil Law 

Article 6 of the General Data Protection Regulation (GDPR) regulates the facts that justify the processing of data, whereby several standards of permission exist side by side. All facts are equivalent and consent does not necessarily have to be fulfi...

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