Model: IoannisKat1/all-MiniLM-L6-v2-legal-matryoshka
Author: IoannisKat1
Pipeline: sentence-similarity
Library: sentence-transformers
Tags: sentence-transformers, safetensors, bert, sentence-similarity, feature-extraction, generated_from_trainer, dataset_size:1580, loss:MatryoshkaLoss, loss:MultipleNegativesRankingLoss, en, arxiv:1908.10084, arxiv:2205.13147, arxiv:1705.00652, base_model:sentence-transformers/all-MiniLM-L6-v2, base_model:finetune:sentence-transformers/all-MiniLM-L6-v2, license:apache-2.0, model-index, text-embeddings-inference, endpoints_compatible, region:us
Base models (finetune): id: sentence-transformers/all-MiniLM-L6-v2
Card metadata: language: en
license: apache-2.0
tags: sentence-transformers, sentence-similarity, feature-extraction, generated_from_trainer, dataset_size:1580, loss:MatryoshkaLoss, loss:MultipleNegativesRankingLoss
base_model: sentence-transformers/all-MiniLM-L6-v2
widget: source_sentence: Who did not act promptly regarding the investigation of the incident?
sentences: Court (Civil/Criminal):
Provisions:
Time of commission of the act:
Outcome (not guilty, guilty): ORDERS the defendant to pay the plaintiff the amount of two thousand four hundred thirty-four euros and eighty-three cents (€2,434.83) with legal interest from the service of the lawsuit.

Reasoning: Law 4537/2018 introduces mandatory provisions in favor of users, as according to Article 103, payment service providers are prohibited from deviating from the provisions to the detriment of payment service users, unless the possibility of deviation is expressly provided, and they can decide to offer only more favorable terms to payment service users. Under this law and its provisions, providers are only liable when there are unusual and unforeseen circumstances beyond the control of the party invoking them, and whose consequences could not have been avoided despite efforts to the contrary. However, operational risks and security risks of the system do not constitute unusual and unforeseen circumstances, so any damage to users resulting from their occurrence falls on the providers. Furthermore, the authenticity of the disputed transaction, namely the payment act, is not proven, in the sense that none of the beneficiaries of the contested joint account, namely the plaintiff or her husband, had given their consent as stipulated in Article 64 of Law 4537/2018. Burden of proof. The payment service provider of the payer is liable to the payer for the proper execution of the payment act, unless it proves to the payer that the service provider of the beneficiary received the amount of the payment act according to paragraph 1 of Article 83 of Law 4537/2018.

Facts:, 1.Each Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation, in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data within the Union (‘supervisory authority’).
2.Each supervisory authority shall contribute to the consistent application of this Regulation throughout the Union. For that purpose, the supervisory authorities shall cooperate with each other and the Commission in accordance with Chapter VII.
3.Where more than one supervisory authority is established in a Member State, that Member State shall designate the supervisory authority which is to represent those authorities in the Board and shall set out the mechanism to ensure compliance by the other authorities with the rules relating to the consistency mechanism referred to in Article 63
4.Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to this Chapter, by 25 May 2018 and, without delay, any subsequent amendment affecting them. 4.5.2016 L 119/65, **Court (Civil/Criminal): Civil**  
**Provisions:**  
**Time of commission of the act:**  
**Outcome (not guilty, guilty):**  
**Reasoning:** Partially accepts the lawsuit.  
**Facts:** The plaintiff, who works as a lawyer, maintains a savings account with the defendant banking corporation under account number GR.............. Pursuant to a contract dated June 11, 2010, established in Thessaloniki between the defendant and the plaintiff, the plaintiff was granted access to the electronic banking system (e-banking) to conduct banking transactions remotely. On October 10, 2020, the plaintiff fell victim to electronic fraud through the "phishing" method, whereby an unknown perpetrator managed to extract and transfer €3,000.00 from the plaintiff’s account to another account of the same bank. Specifically, on that day at 6:51 a.m., the plaintiff received an email from the sender ".........", with the address ..........., informing him that his debit card had been suspended and that online payments and cash withdrawals could not be made until the issue was resolved. The email urged him to confirm his details within the next 72 hours by following a link titled "card activation."  
The plaintiff read the above email on his mobile phone around 8:00 a.m., and believing it came from the defendant, he followed the instructions and accessed a website that was identical (a clone) to that of the defendant. On this page, he was asked to enter his login credentials to connect to the service, which he did, and he was subsequently asked to input his debit card details for the alleged activation, which he also provided. Then, to complete the process, a number was sent to his mobile phone at 8:07 a.m. from the sender ........, which he entered, and two minutes later he received a message from the same sender in English stating that the quick access code had been activated on his mobile. A few minutes later, at 8:18 a.m., he received an email from the defendant informing him of the transfer of €3,000.00 from his account to account number GR ........... held at the same bank, with the beneficiary's details being .......... As soon as the plaintiff read this, he immediately called the defendant's call center and canceled his debit card, the access codes for the service ......., and locked the application .......... At the same time, he verbally submitted a request to dispute and cancel the contested transaction, and in a subsequent phone call, he also canceled his credit card. On the same day, he also sent an email to the defendant informing them in writing of the above and requesting the cancellation of the transaction and the return of the amount of €3,000.00 to his account, as this transfer was not made by him but by an unknown perpetrator through electronic fraud and was not approved by him. It should also be noted that the plaintiff, as the sole beneficiary according to the aforementioned contract for using the defendant's Internet Banking service, never received any update via SMS or the VIBER application from the bank regarding the transaction details before its completion, nor did he receive a one-time code (OTP) to approve the contested transaction. He subsequently filed a complaint against unknown persons at the Cyber Crime Division for the crime of fraud. The defendant sent an email to the plaintiff on October 16, 2020, informing him that his request had been forwarded to the appropriate department of the bank for investigation, stating that the bank would never send him an email or SMS asking him to enter his personal data and that as of October 7, 2020, there was a notice posted for its customers regarding malicious attempts to steal personal data in the "Our News" section on ....... A month after the disputed incident, on November 10, 2020, an amount of €2,296.82 was transferred to the plaintiff's account from the account to which the fraudulent credit had been made. The plaintiff immediately sent an email to the defendant asking to be informed whether this transfer was a return of part of the amount that had been illegally withdrawn from his account and requested the return of the remaining amount of €703.18. In its response dated January 13, 2021, the defendant confirmed that the aforementioned amount indeed came from the account to which the fraudulent credit had been made, following a freeze of that account initiated by the defendant during the investigation of the incident, but refused to return the remaining amount, claiming it bore no responsibility for the leak of the personal codes to third parties, according to the terms of the service contract established between them.  
From the entirety of the evidence presented to the court, there is no indication of the authenticity of the contested transaction, as the plaintiff did not give his consent for the execution of the transfer of the amount of €3,000.00, especially in light of the provision in Article 72 paragraph 2 of Law 4537/2018 stating that the mere use of the Internet Banking service by the plaintiff does not necessarily constitute sufficient evidence that the payer approved the payment action. Specifically, it was proven that the contested transaction was not carried out following a strong identification of the plaintiff – the sole beneficiary of the account – and his approval, as the latter may have entered his personal codes on the counterfeit website; however, he was never informed, before the completion of the contested transaction, of the amount that would be transferred from his account to a third-party account, nor did he receive on his mobile phone, either via SMS or through the VIBER application or any other means, the one-time code - extra PIN for its completion, which he was required to enter to approve the contested transaction (payment action) and thus complete his identification, a fact that was not countered by any evidence from the defendant. Furthermore, it is noted that the defendant's claims that it bears no responsibility under the terms of the banking services contract, whereby it is not liable for any damage to its customer in cases of unauthorized use of their personal access codes to the Internet Banking service, are to be rejected as fundamentally unfounded. This is because the aforementioned contractual terms are invalid according to the provision of Article 103 of Law 4537/2018, as they contradict the provisions of Articles 71, 73, and 92 of the same Law, which provide for the provider's universal liability and its exemption only for unusual and unforeseen circumstances that are beyond the control of the party invoking them and whose consequences could not have been avoided despite all efforts to the contrary; these provisions establish mandatory law in favor of users, as according to Article 103 of Law 4537/2018, payment service providers are prohibited from deviating from the provisions to the detriment of payment service users, unless the possibility of deviation is explicitly provided and they can decide to offer only more favorable terms to payment service users; the aforementioned contractual terms do not constitute more favorable terms but rather disadvantageous terms for the payment service user. In this case, however, the defendant did not prove the authenticity of the transaction and its approval by the plaintiff and did not invoke, nor did any unusual and unforeseen circumstances beyond its control, the consequences of which could not have been avoided despite all efforts to the contrary, come to light. Therefore, the contested transaction transferring the amount of €3,000.00 is considered, in the absence of demonstrable consent from the plaintiff, unapproved according to the provisions of Article 64 of Law 4537/2018, and the defendant's contrary claims are rejected, especially since the plaintiff proceeded, according to Article 71 paragraph 1 of Law 4537/2018, without undue delay to notify the defendant regarding the contested unapproved payment action. Consequently, the defendant is liable for compensating the plaintiff for the positive damage he suffered under Article 73 of Law 4537/2018 and is obliged to pay him the requested amount of €703.18, while the plaintiff’s fault in the occurrence of this damage cannot be established, as he entered his personal details in an online environment that was a faithful imitation of that of the defendant, as evidenced by the comparison of the screenshots of the fake website and the real website provided by the plaintiff, a fact that he could not have known while being fully convinced that he was transacting with the defendant. Furthermore, the defendant’s liability to compensate the plaintiff is based on the provision of Article 8 of Law 2251/1994, which applies in this case, as the plaintiff's damage resulted from inadequate fulfillment of its obligations in the context of providing its services, but also on the provision of Article 914 of the Civil Code in the sense of omission on its part of unlawfully and culpably imposed actions. In this case, given that during the relevant period there had been a multitude of similar incidents of fraud against the defendant's customers, the latter, as a service provider to the consumer public and bearing transactional obligations of care and security towards them, displayed gross negligence regarding the security provided for electronic transaction services, which was compromised by the fraudulent theft of funds, as it did not comply with all required high-security measures for executing the contested transaction, failing to implement the strict customer identification verification process and to check the authenticity of the account to which the funds were sent, thus not assuming the suspicious nature of the transaction, did not adopt comprehensive and improved protective measures to fully protect its customers against malicious attacks and online fraud and to prevent the infiltration of unauthorized third parties, nor did it fulfill its obligations to inform, accurately inform, and warn its consumers - customers, as it failed to adequately inform them of attempts to steal their personal data through the sending of informative emails or SMS, while merely posting in a section rather than on a central banner (as it later did) does not constitute adequate information such that it meets the requirement of protecting its customers and the increased safeguarding of their interests. Although the plaintiff acted promptly and informed the defendant on the same day about the contested incident, the defendant did not act as promptly regarding the investigation of the incident and the freezing of the account that held the fraudulent credit to prevent the plaintiff's loss, but only returned part of the funds to the plaintiff a month later. This behavior, beyond being culpable due to gross negligence, was also unlawful, as it would have been illegal even without the contractual relationship, as contrary to the provisions of Law 4537/2018 and Law 2251/1994, regarding the lack of security of the services that the consumer is legitimately entitled to expect, as well as the building of trust that is essential in banking transactions, elements that it was obligated to provide within the sphere of the services offered, and contrary to the principles of good faith and commercial ethics, as crystallized in the provision of Article 288 of the Civil Code, as well as the general duty imposed by Article 914 of the Civil Code not to cause harm to another culpably. This resulted not only in positive damage to the plaintiff but also in causing him moral harm consisting of his mental distress and the disruption, agitation, and sorrow he experienced, for which he must be awarded financial compensation. Taking into account all the general circumstances of the case, the extent of the plaintiff's damage, the severity of the defendant's fault, the mental distress suffered by the plaintiff, the insecurity he felt regarding his deposits, the sorrow he experienced, and the stress caused by his financial loss, which occurred during the pandemic period when his earnings from his professional activity had significantly decreased, as well as the financial and social situation of the parties, it is the court's opinion that he should be granted, as financial compensation for his moral harm, an amount of €250.00, which is deemed reasonable and fair. Therefore, the total monetary amount that the plaintiff is entitled to for his positive damage and financial compensation for the moral harm suffered amounts to a total of (€703.18 + €250.00) = €953.18., source_sentence: Who are considered 'third parties' under the definition provided?
sentences: 1) 'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
(2) ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
(3) ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;
(4) ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
(5) ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
(6) ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
(7) ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
(8) ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
(9) ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
(10) ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
(11) ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
(12) ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
(13) ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
(14) ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
(15) ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;
(16) ‘main establishment’ means: (a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment; (b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;
(17) ‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;
(18) ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;
(19) ‘group of undertakings’ means a controlling undertaking and its controlled undertakings;
(20) ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;
(21) ‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51;
(22) ‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because: (a) the controller or processor is established on the territory of the Member State of that supervisory authority; (b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or (c) a complaint has been lodged with that supervisory authority;
(23) ‘cross-border processing’ means either: (a) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or (b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
(24) ‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;
(25) ‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (1);
(26) ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries., 1.The competent supervisory authority shall approve binding corporate rules in accordance with the consistency mechanism set out in Article 63, provided that they: (a)  are legally binding and apply to and are enforced by every member concerned of the group of undertakings, or group of enterprises engaged in a joint economic activity, including their employees; 4.5.2016 L 119/62   (b)  expressly confer enforceable rights on data subjects with regard to the processing of their personal data; and (c)  fulfil the requirements laid down in paragraph 2
2.The binding corporate rules referred to in paragraph 1 shall specify at least: (a)  the structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic activity and of each of its members; (b)  the data transfers or set of transfers, including the categories of personal data, the type of processing and its purposes, the type of data subjects affected and the identification of the third country or countries in question; (c)  their legally binding nature, both internally and externally; (d)  the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, legal basis for processing, processing of special categories of personal data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by the binding corporate rules; (e)  the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to be subject to decisions based solely on automated processing, including profiling in accordance with Article 22, the right to lodge a complaint with the competent supervisory authority and before the competent courts of the Member States in accordance with Article 79, and to obtain redress and, where appropriate, compensation for a breach of the binding corporate rules; (f)  the acceptance by the controller or processor established on the territory of a Member State of liability for any breaches of the binding corporate rules by any member concerned not established in the Union; the controller or the processor shall be exempt from that liability, in whole or in part, only if it proves that that member is not responsible for the event giving rise to the damage; (g)  how the information on the binding corporate rules, in particular on the provisions referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects in addition to Articles 13 and 14; (h)  the tasks of any data protection officer designated in accordance with Article 37 or any other person or entity in charge of the monitoring compliance with the binding corporate rules within the group of undertakings, or group of enterprises engaged in a joint economic activity, as well as monitoring training and complaint-handling; (i)  the complaint procedures; (j)  the mechanisms within the group of undertakings, or group of enterprises engaged in a joint economic activity for ensuring the verification of compliance with the binding corporate rules. Such mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. Results of such verification should be communicated to the person or entity referred to in point (h) and to the board of the controlling undertaking of a group of undertakings, or of the group of enterprises engaged in a joint economic activity, and should be available upon request to the competent supervisory authority; (k)  the mechanisms for reporting and recording changes to the rules and reporting those changes to the supervisory authority; (l)  the cooperation mechanism with the supervisory authority to ensure compliance by any member of the group of undertakings, or group of enterprises engaged in a joint economic activity, in particular by making available to the supervisory authority the results of verifications of the measures referred to in point (j); (m)  the mechanisms for reporting to the competent supervisory authority any legal requirements to which a member of the group of undertakings, or group of enterprises engaged in a joint economic activity is subject in a third country which are likely to have a substantial adverse effect on the guarantees provided by the binding corporate rules; and (n)  the appropriate data protection training to personnel having permanent or regular access to personal data. 4.5.2016 L 119/63  
3.The Commission may specify the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules within the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2)., 1.Processing shall be lawful only if and to the extent that at least one of the following applies: (a)  the data subject has given consent to the processing of his or her personal data for one or more specific purposes; (b)  processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (c)  processing is necessary for compliance with a legal obligation to which the controller is subject; (d)  processing is necessary in order to protect the vital interests of the data subject or of another natural person; (e)  processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (f)  processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
2.Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in Chapter IX.
3.The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by: (a)  Union law; or (b)  Member State law to which the controller is subject. The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific 4.5.2016 L 119/36   processing situations as provided for in Chapter IX. The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued.
4.Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject's consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia: (a)  any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; (b)  the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; (c)  the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10; (d)  the possible consequences of the intended further processing for data subjects; (e)  the existence of appropriate safeguards, which may include encryption or pseudonymisation., source_sentence: How should compliance with previously ordered measures be considered in the circumstances of the case?
sentences: 1.Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: (a)  the identity and the contact details of the controller and, where applicable, of the controller's representative; (b)  the contact details of the data protection officer, where applicable; (c)  the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; 4.5.2016 L 119/40   (d)  where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party; (e)  the recipients or categories of recipients of the personal data, if any; (f)  where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.
2.In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: (a)  the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; (b)  the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability; (c)  where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; (d)  the right to lodge a complaint with a supervisory authority; (e)  whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data; (f)  the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
3.Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2
4.Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information., Court (Civil/Criminal): Civil  
Provisions:  
Time of commission: July 21, 2020  
Outcome (innocent, guilty): Partially accepts the lawsuit against the Bank.  
Reasoning: Alongside the bank's responsibility for the ineffective protection of its systems against the continually changing and evolving methods of deception that affect them, leading to financial damage for its clients who entrusted it, which constitutes a breach of its contractual obligations and generates contractual liability, there is also the personal responsibility of the plaintiff, who did not safeguard, as required, his sensitive banking information and disclosed it when he should not have, even though the message that misled him came from the context of an SMS conversation with the defendant, even if he was directed through the link to a website resembling that of the defendant, because he overlooked the relevant instructions and strict recommendations of the bank, violating his duty to safeguard them. Therefore, in light of the above, the court must partially accept the lawsuit regarding its substance, and with the defendant's objection regarding the plaintiff's fault being accepted at a rate of 1/6 of the damage suffered, it must be acknowledged – following the admissible and lawful modification of the lawsuit's request from a dismissive to a declaratory nature as proposed – the defendant's obligation to pay him the amount of €2,500, with legal interest, as specified in the operative part. Regarding the request to recognize the defendant's obligation to pay him €1,000 as compensation for the moral damage he suffered from the fraud committed against him, this is deemed dismissible as unfounded, because the defendant's liability is contractual and not tortious, and there are no special conditions justifying the treatment of this specific non-contractual behavior as tortious, making it possible to attribute moral damage to the plaintiff from the defendant.  
Facts: The plaintiff maintained a joint bank account with his wife and had access to the defendant bank's e-banking. On July 21, 2020, following successful identification via the agreed-upon credentials (userID, password, OTP), a request was made to change the mobile phone number for receiving OTPs, which was completed through the bank's platform. However, this change was not made by the plaintiff himself, but by a third party who had previously deceived him using the phishing method, obtaining his banking details through a misleading SMS. Following the phone number change, on July 31, 2020, a transfer of €3,000 was made to a third party's account. The transaction was conducted using the necessary credentials and OTP sent to the new mobile phone, resulting in the bank considering the order valid and executing it. Once the plaintiff realized the transfer, he immediately contacted the bank and informed them that he had not given such an order himself. Despite the initial assurance that the funds could be recovered, they were ultimately not returned, as they had been transferred to a third party's account, and the bank denied any responsibility for the loss., 1.Each supervisory authority shall ensure that the imposition of administrative fines pursuant to this Article in respect of infringements of this Regulation referred to in paragraphs 4, 5 and 6 shall in each individual case be effective, proportionate and dissuasive.
2.Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in points (a) to (h) and (j) of Article 58(2). When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to the following: (a)  the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of data subjects affected and the level of damage suffered by them; (b)  the intentional or negligent character of the infringement; (c)  any action taken by the controller or processor to mitigate the damage suffered by data subjects; (d)  the degree of responsibility of the controller or processor taking into account technical and organisational measures implemented by them pursuant to Articles 25 and 32; (e)  any relevant previous infringements by the controller or processor; (f)  the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (g)  the categories of personal data affected by the infringement; (h)  the manner in which the infringement became known to the supervisory authority, in particular whether, and if so to what extent, the controller or processor notified the infringement; (i)  where measures referred to in Article 58(2) have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures; (j)  adherence to approved codes of conduct pursuant to Article 40 or approved certification mechanisms pursuant to Article 42; and (k)  any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement.
3.If a controller or processor intentionally or negligently, for the same or linked processing operations, infringes several provisions of this Regulation, the total amount of the administrative fine shall not exceed the amount specified for the gravest infringement.
4.Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 10 000 000 EUR, or in the case of an undertaking, up to 2 % of the total worldwide annual turnover of the preceding financial year, whichever is higher: (a)  the obligations of the controller and the processor pursuant to Articles 8, 11, 25 to 39 and 42 and 43; (b)  the obligations of the certification body pursuant to Articles 42 and 43; (c)  the obligations of the monitoring body pursuant to Article 41(4). 4.5.2016 L 119/82  
5.Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher: (a)  the basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7 and 9; (b)  the data subjects' rights pursuant to Articles 12 to 22; (c)  the transfers of personal data to a recipient in a third country or an international organisation pursuant to Articles 44 to 49; (d)  any obligations pursuant to Member State law adopted under Chapter IX; (e)  non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by the supervisory authority pursuant to Article 58(2) or failure to provide access in violation of Article 58(1).
6.Non-compliance with an order by the supervisory authority as referred to in Article 58(2) shall, in accordance with paragraph 2 of this Article, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.
7.Without prejudice to the corrective powers of supervisory authorities pursuant to Article 58(2), each Member State may lay down the rules on whether and to what extent administrative fines may be imposed on public authorities and bodies established in that Member State.
8.The exercise by the supervisory authority of its powers under this Article shall be subject to appropriate procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process.
9.Where the legal system of the Member State does not provide for administrative fines, this Article may be applied in such a manner that the fine is initiated by the competent supervisory authority and imposed by competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative fines imposed by supervisory authorities. In any event, the fines imposed shall be effective, proportionate and dissuasive. Those Member States shall notify to the Commission the provisions of their laws which they adopt pursuant to this paragraph by 25 May 2018 and, without delay, any subsequent amendment law or amendment affecting them., source_sentence: When was the obligation for the controller to respond to requests from the data subject set to take effect?
sentences: 1.Without prejudice to the tasks and powers of the competent supervisory authority under Articles 57 and 58, certification bodies which have an appropriate level of expertise in relation to data protection shall, after informing the supervisory authority in order to allow it to exercise its powers pursuant to point (h) of Article 58(2) where necessary, issue and renew certification. Member States shall ensure that those certification bodies are accredited by one or both of the following: (a)  the supervisory authority which is competent pursuant to Article 55 or 56; (b)  the national accreditation body named in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council (1) in accordance with EN-ISO/IEC 17065/2012 and with the additional requirements established by the supervisory authority which is competent pursuant to Article 55 or 56. 
2.Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have: (a)  demonstrated their independence and expertise in relation to the subject-matter of the certification to the satisfaction of the competent supervisory authority; 4.5.2016 L 119/59   (1) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30). (b)  undertaken to respect the criteria referred to in Article 42(5) and approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63; (c)  established procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks; (d)  established procedures and structures to handle complaints about infringements of the certification or the manner in which the certification has been, or is being, implemented by the controller or processor, and to make those procedures and structures transparent to data subjects and the public; and (e)  demonstrated, to the satisfaction of the competent supervisory authority, that their tasks and duties do not result in a conflict of interests.
3.The accreditation of certification bodies as referred to in paragraphs 1 and 2 of this Article shall take place on the basis of criteria approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63. In the case of accreditation pursuant to point (b) of paragraph 1 of this Article, those requirements shall complement those envisaged in Regulation (EC) No 765/2008 and the technical rules that describe the methods and procedures of the certification bodies.
4.The certification bodies referred to in paragraph 1 shall be responsible for the proper assessment leading to the certification or the withdrawal of such certification without prejudice to the responsibility of the controller or processor for compliance with this Regulation. The accreditation shall be issued for a maximum period of five years and may be renewed on the same conditions provided that the certification body meets the requirements set out in this Article.
5.The certification bodies referred to in paragraph 1 shall provide the competent supervisory authorities with the reasons for granting or withdrawing the requested certification.
6.The requirements referred to in paragraph 3 of this Article and the criteria referred to in Article 42(5) shall be made public by the supervisory authority in an easily accessible form. The supervisory authorities shall also transmit those requirements and criteria to the Board. The Board shall collate all certification mechanisms and data protection seals in a register and shall make them publicly available by any appropriate means.
7.Without prejudice to Chapter VIII, the competent supervisory authority or the national accreditation body shall revoke an accreditation of a certification body pursuant to paragraph 1 of this Article where the conditions for the accreditation are not, or are no longer, met or where actions taken by a certification body infringe this Regulation.
8.The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of specifying the requirements to be taken into account for the data protection certification mechanisms referred to in Article 42(1).
9.The Commission may adopt implementing acts laying down technical standards for certification mechanisms and data protection seals and marks, and mechanisms to promote and recognise those certification mechanisms, seals and marks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2). CHAPTER V Transfers of personal data to third countries or international organisations, In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, the supervisory authorities should have in each Member State the same tasks and effective powers, including powers of investigation, corrective powers and sanctions, and authorisation and advisory powers, in particular in cases of complaints from natural persons, and without prejudice to the powers of prosecutorial authorities under Member State law, to bring infringements of this Regulation to the attention of the judicial authorities and engage in legal proceedings. Such powers should also include the power to impose a temporary or definitive limitation, including a ban, on processing. Member States may specify other tasks related to the protection of personal data under this Regulation. The powers of supervisory authorities should be exercised in accordance with appropriate procedural safeguards set out in Union and Member State law, impartially, fairly and within a reasonable time. In particular each measure should be appropriate, necessary and proportionate in view of ensuring compliance with this Regulation, taking into account the circumstances of each individual case, respect the right of every person to be heard before any individual measure which would affect him or her adversely is taken and avoid superfluous costs and excessive inconveniences for the persons concerned. Investigatory powers as regards access to premises should be exercised in accordance with specific requirements in Member State procedural law, such as the requirement to obtain a prior judicial authorisation. Each legally binding measure of the supervisory authority should be in writing, be clear and unambiguous, indicate the supervisory authority which has issued the measure, the date of issue of the measure, bear the signature of the head, or a member of the supervisory authority authorised by him or her, give the reasons for the measure, and refer to the right of an effective remedy. This should not preclude additional requirements pursuant to Member State procedural law. The adoption of a legally binding decision implies that it may give rise to judicial review in the Member State of the supervisory authority that adopted the decision., Modalities should be provided for facilitating the exercise of the data subject's rights under this Regulation, including mechanisms to request and, if applicable, obtain, free of charge, in particular, access to and rectification or erasure of personal data and the exercise of the right to object. The controller should also provide means for requests to be made electronically, especially where personal data are processed by electronic means. The controller should be obliged to respond to requests from the data subject without undue delay and at the latest within one month and to give reasons where the controller does not intend to comply with any such requests. 4.5.2016 L 119/11 Official Journal of the European Union EN, source_sentence: When may the controller charge a reasonable fee to the data subject?
sentences: In order to ensure a consistent and high level of protection of natural persons and to remove the obstacles to flows of personal data within the Union, the level of protection of the rights and freedoms of natural persons with regard to the processing of such data should be equivalent in all Member States. Consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data should be ensured throughout the Union. Regarding the processing of personal data for compliance with a legal obligation, for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, Member States should be allowed to maintain or introduce national provisions to further specify the application of the rules of this Regulation. In conjunction with the general and horizontal law on data protection implementing Directive 95/46/EC, Member States have several sector-specific laws in areas that need more specific provisions. This Regulation also provides a margin of manoeuvre for Member States to specify its rules, including for the processing of special categories of personal data (‘sensitive data’). To that extent, this Regulation does not exclude Member State law that sets out the circumstances for specific processing situations, including determining more precisely the conditions under which the processing of personal data is lawful. 4.5.2016 L 119/2 Official Journal of the European Union EN, 1.The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means. 4.5.2016 L 119/39  
2.The controller shall facilitate the exercise of data subject rights under Articles 15 to 22. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.
3.The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
4.If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
5.Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either: (a)  charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b)  refuse to act on the request. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.
6.Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15 to 21, the controller may request the provision of additional information necessary to confirm the identity of the data subject.
7.The information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. Where the icons are presented electronically they shall be machine-readable.
8.The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons. Section 2 Information and access to personal data, 1.Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
2.The processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes.
3.Processing by a processor shall be governed by a contract or other legal act under Union or Member State law, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. That contract or other legal act shall stipulate, in particular, that the processor: (a)  processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest; (b)  ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; (c)  takes all measures required pursuant to Article 32; (d)  respects the conditions referred to in paragraphs 2 and 4 for engaging another processor; (e)  taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III; (f)  assists the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 taking into account the nature of processing and the information available to the processor; (g)  at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data; (h)  makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller. 4.5.2016 L 119/49   With regard to point (h) of the first subparagraph, the processor shall immediately inform the controller if, in its opinion, an instruction infringes this Regulation or other Union or Member State data protection provisions.
4.Where a processor engages another processor for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor as referred to in paragraph 3 shall be imposed on that other processor by way of a contract or other legal act under Union or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of this Regulation. Where that other processor fails to fulfil its data protection obligations, the initial processor shall remain fully liable to the controller for the performance of that other processor's obligations.
5.Adherence of a processor to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which to demonstrate sufficient guarantees as referred to in paragraphs 1 and 4 of this Article.
6.Without prejudice to an individual contract between the controller and the processor, the contract or the other legal act referred to in paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8 of this Article, including when they are part of a certification granted to the controller or processor pursuant to Articles 42 and 43
7.The Commission may lay down standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the examination procedure referred to in Article 93(2).
8.A supervisory authority may adopt standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the consistency mechanism referred to in Article 63
9.The contract or the other legal act referred to in paragraphs 3 and 4 shall be in writing, including in electronic form.
10.Without prejudice to Articles 82, 83 and 84, if a processor infringes this Regulation by determining the purposes and means of processing, the processor shall be considered to be a controller in respect of that processing.
pipeline_tag: sentence-similarity
library_name: sentence-transformers
metrics: cosine_accuracy@1, cosine_accuracy@3, cosine_accuracy@5, cosine_accuracy@10, cosine_precision@1, cosine_precision@3, cosine_precision@5, cosine_precision@10, cosine_recall@1, cosine_recall@3, cosine_recall@5, cosine_recall@10, cosine_ndcg@10, cosine_mrr@10, cosine_map@100
model-index: name: ModernBERT Embed base Legal Matryoshka
results: task: type: information-retrieval
name: Information Retrieval
dataset: name: dim 384
type: dim_384
metrics: type: cosine_accuracy@1
value: 0.41414141414141414
name: Cosine Accuracy@1
verified: no, type: cosine_accuracy@3
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name: Cosine Map@100
verified: no, task: type: information-retrieval
name: Information Retrieval
dataset: name: dim 256
type: dim_256
metrics: type: cosine_accuracy@1
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verified: no, type: cosine_map@100
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name: Cosine Map@100
verified: no, task: type: information-retrieval
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dataset: name: dim 128
type: dim_128
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verified: no, type: cosine_map@100
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verified: no, task: type: information-retrieval
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dataset: name: dim 64
type: dim_64
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verified: no
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Created: 2025-07-13 10:42:24