Lastly, the Court states that the directive does not require that the data be retained within the EU.
Therefore, the directive does not fully ensure the control of compliance with the requirements of
protection and security by an independent authority, as is, however, explicitly required by the
Charter. Such a control, carried out on the basis of EU law, is an essential component of the
protection of individuals with regard to the processing of personal data.
NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes
which have been brought before them, to refer questions to the Court of Justice about the interpretation of
European Union law or the validity of a European Union act. The Court of Justice does not decide the
dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s
decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised.
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