Understanding The New European Data Protection Rules
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Understanding the New European Data Protection Rules by Paul Lambert Pdf
Compared to the US, European data and privacy protection rules seem Draconian. The European rules apply to any enterprise doing business in the EU. The new rules are far more stringent than the last set. This book is a quick guide to the directives for companies, particularly US, that have to comply with them. Where US organizations and businesses who collect or receive EU personal data fail to comply with the rule, the bottom line can suffer from very significant official fines and penalties, as well as from users, customers or representative bodies to pursuing litigation. This guide is essential for all US enterprises who directly or indirectly deal with EU personal data.
GDPR: Personal Data Protection in the European Union by Mariusz Krzysztofek Pdf
GDPR: Personal Data Protection in the European Union Mariusz Krzysztofek Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) (EU) 2016/679. Following the GDPR’s recent reform – the most extensive since the first EU laws in this area were adopted and implemented into the legal orders of the Member States – this book offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers, and rights of data subjects, providing a thorough, up-to-date account of the legal and practical aspects of personal data protection in the EU. Coverage includes the recent Court of Justice of the European Union (CJEU) judgment on data transfers and new or updated data protection authorities’ guidelines in the EU Member States. Among the broad spectrum of aspects of the subject covered are the following: – right to privacy judgments of the CJEU and the European Court of Human Rights; – scope of the GDPR and its key definitions, key principles of personal data processing; – legal bases for the processing of personal data; – direct and digital marketing, cookies, and online behavioural advertising; – processing of personal data of employees; – sensitive data and criminal records; – information obligation & privacy notices; – data subjects rights; – data controller, joint controllers, and processors; – data protection by design and by default, data security measures, risk-based approach, records of personal data processing activities, notification of a personal data breach to the supervisory authority and communication to the data subject, data protection impact assessment, codes of conduct and certification; – Data Protection Officer; – transfers of personal data to non-EU/EEA countries; and – privacy in the Internet and surveillance age. Because the global scale and evolution of information technologies have changed the data processing environment and brought new challenges, and because many non-EU jurisdictions have adopted equivalent regimes or largely analogous regulations, the book will be of great usefulness worldwide. Multinational corporations and their customers and contractors will benefit enormously from consulting and using this book, especially in conducting case law, guidelines and best practices formulated by European data protection authorities. For lawyers and academics researching or advising clients on this area, this book provides an indispensable source of practical guidance and information for many years to come.
Council of Europe,European Union Agency for Fundamental Rights
Author : Council of Europe,European Union Agency for Fundamental Rights Publisher : Council of Europe Page : 402 pages File Size : 46,5 Mb Release : 2018-04-15 Category : Political Science ISBN : 9789287198495
Handbook on European data protection law by Council of Europe,European Union Agency for Fundamental Rights Pdf
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
The EU General Data Protection Regulation (GDPR) by Paul Voigt,Axel von dem Bussche Pdf
This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.
New European General Data Protection Regulation by Daniel Rücker,Tobias Kugler Pdf
"The European Data Protection Basic Regulation brings a uniform data protection law directly applicable in all European Member States, which will also have to be complied with by numerous companies outside the EU with business in the EU. The existing national data protection laws are thus largely replaced. Companies have to adapt their business models and processes to the new requirements within a period of two years. This book is the ideal basis for legal advisors and all internationally affected companies to review existing business processes and to shape new processes and business models in accordance with data privacy."--Bloomsbury Publishing.
Research Handbook on EU Data Protection Law by Kosta, Eleni,Leenes, Ronald,Kamara, Irene Pdf
Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.
European Data Protection: In Good Health? by Serge Gutwirth,Ronald Leenes,Paul de Hert,Yves Poullet Pdf
Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are ‘in good health’ is increasingly being posed. Advanced technologies raise fundamental issues regarding key concepts of data protection. Falling storage prices, increasing chips performance, the fact that technology is becoming increasingly embedded and ubiquitous, the convergence of technologies and other technological developments are broadening the scope and possibilities of applications rapidly. Society however, is also changing, affecting the privacy and data protection landscape. The ‘demand’ for free services, security, convenience, governance, etc, changes the mindsets of all the stakeholders involved. Privacy is being proclaimed dead or at least worthy of dying by the captains of industry; governments and policy makers are having to manoeuvre between competing and incompatible aims; and citizens and customers are considered to be indifferent. In the year in which the plans for the revision of the Data Protection Directive will be revealed, the current volume brings together a number of chapters highlighting issues, describing and discussing practices, and offering conceptual analysis of core concepts within the domain of privacy and data protection. The book’s first part focuses on surveillance, profiling and prediction; the second on regulation, enforcement, and security; and the third on some of the fundamental concepts in the area of privacy and data protection. Reading the various chapters it appears that the ‘patient’ needs to be cured of quite some weak spots, illnesses and malformations. European data protection is at a turning point and the new challenges are not only accentuating the existing flaws and the anticipated difficulties, but also, more positively, the merits and the need for strong and accurate data protection practices and rules in Europe, and elsewhere.
A Business Guide to Changes in European Data Protection Legislation by Cullen International Pdf
European businesses, from the smallest family company to the largest multinational corporation, will soon find themselves impacted by new European Community Data Protection legislation. Business managers, lawyers, and others involved in data protection must ready themselves to deal with the coming changes. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 concerns the protection of individuals with regard to the processing of personal data and the free movement of such data, with the intent to harmonise the differing data protection regimes operating in the Member States of the European Union. If your organisation handles personal information, it is essential that you understand the requirements of the Directive now so that you can make arrangements to comply. A Business Guide to Changes in European Data Protection Legislation will help you greatly in complying with the legal requirements. The work is written in plain English, cutting through complicated terminology in a way that will appeal to business managers as well as to lawyers and data protection specialists. It provides article-by-article analysis of the 'General Directive' (95/46/EC) and the sector specific 'Telecommunications Directive' (97/66/EC), along with an overview of EU and EEA institutions and political processes, a glossary of terms, and other key fundamental reference materials. Because the European Community Data Protection legislation is the first regional legislation of its kind in the world, specialists around the globe will find this guide compelling and important. Purchasers of this Guide may also order a Hypertext Electronic version on CD ROM. This provides a simple and rapid way to retrieve the information you need.
EU Data Protection and the GDPR by Daniel J. Solove,Paul M. Schwartz Pdf
A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on EU Data Protection and the GDPR. The volume is perfect as a stand-alone text for a seminar and as supplement to a course on EU law. It contains the latest cases and materials exploring issues of emerging technology, information privacy, OECD privacy guidelines, privacy protection in Europe, international transfers of data, and selected provisions of the GDPR. New to the 2nd Edition: Tighter editing and shorter chapters Full text of the GDPR Schrems II and the Data Privacy Framework
The Emergence of Personal Data Protection as a Fundamental Right of the EU by Gloria González Fuster Pdf
This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.
Data Protection and Privacy Under Pressure by Gert Vermeulen,Eva Lievens Pdf
Since the Snowden revelations, the adoption in May 2016 of the General Data Protection Regulation and several ground-breaking judgments of the Court of Justice of the European Union, data protection and privacy are high on the agenda of policymakers, industries and the legal research community. Against this backdrop, Data Protection and Privacy under Pressure sheds light on key developments where individuals’ rights to data protection and privacy are at stake. The book discusses the persistent transatlantic tensions around various EU-US data transfer mechanisms and EU jurisdiction claims over non-EU-based companies, both sparked by milestone court cases. Additionally, it scrutinises the expanding control or surveillance mechanisms and interconnection of databases in the areas of migration control, internal security and law enforcement, and oversight thereon. Finally, it explores current and future legal challenges related to big data and automated decision-making in the contexts of policing, pharmaceutics and advertising.
EU Data Protection and the GDPR by Daniel J. Solove,Paul M. Schwartz Pdf
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on EU Data Protection and the GDPR. The volume is perfect as a stand-alone text for a seminar and as supplement to a course on EU law. It contains the latest cases and materials exploring issues of emerging technology, information privacy, OECD privacy guidelines, privacy protection in Europe, international transfers of data, and selected provisions of the GDPR. New to the 2nd Edition: Tighter editing and shorter chapters Full text of the GDPR Schrems II and the Data Privacy Framework
Reforming European Data Protection Law by Serge Gutwirth,Ronald Leenes,Paul de Hert Pdf
This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.
Transnational Data Protection by Jan Alexander Linxweiler Pdf
Master's Thesis from the year 2017 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0, Steinbeis University Berlin (SIBE), language: English, abstract: The Thesis focuses on the legal perspective of Transnational Data Protection. Here, the scope of the thesis is limited to the provisions and interdependencies of the European Union (EU). Matters of national legislation of EU Member States are implicitly mentioned or characterized but not within the scope of the thesis. Within the current business as well as administrative environment the topic of data protection is a crucial factor for business, public reception and security. The Snowden incident, the Safe Harbor Ruling of the European Court of Justice and ultimately the introduction of the new European General Data Protection Regulation in May 2018 poses potential threat scenarios for businesses and require responsive actions on the respective management level. While the importance of data protections is now an omnipresent and a commonly known issue, it is still a rather neglected topic. It often bears the stigma of nuisance and implies costly implementation of measures and processes. Nonetheless, corporations, companies, businesses and governmental agencies have to adhere to data protection regulations, the demands of the digitalization and social pressure. Therefore, the abidance by Data Protection Law has incrementally gained a more essential role within company’s and administration’s structures during the last years. This is especially true for transnational contexts. Here, Data Protection Management encompasses privacy compliance and organizational privacy management as part of the information security risk management. Essentially the objective and responsibility of Data Protection Management in the context of transnational data flows in the EU are based in its the legal framework. Within the current business environment the topic of data protection is a crucial factor for business, public reception and security. Businesses and governmental agencies have to adhere to data protection regulations. Therefore, the abidance by Data Protection Law has gained a more essential role within company’s and administration’s structures. This is especially true for transnational contexts. Data Protection encompasses privacy compliance and management as part of the information security risk management.