In the field of data protection, the European Court of Justice has handed down landmark decisions, leading to a shift in the vertical division of powers. This is not only due to the legally binding Charter of Fundamental Rights, but also to the court's generous perspective on the application of EU law, contradicting the central principle of conferral. This work sheds light on the opening clauses of the General Data Protection Regulation, which limit the scope of the court's fundamental rights review power.