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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.
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.
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.
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries. Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands. The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume. Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers. Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.
This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. The book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.
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 andrapid way to retrieve the information you need.
To execute and guarantee the right to privacy and data protection within the European Union (EU), the EU found it necessary to establish a stable, consistent framework for personal data protection and to enforce it in a decisive manner. This book, the most comprehensive guide available to the General Data Protection Regulation (GDPR), is the first English edition, updated and expanded, of a bestselling book published in Poland in 2018 by a renowned technology lawyer, expert to the European Commission on cloud computing and to the Article 29 Working Party (now: the European Data Protection Board) on data transfers who in fact contributed ideas to the GDPR. The implications of major innovations of the new system – including the obligation of businesses to consult the GDPR first rather than relevant Member State legislation and the extension of the GDPR to companies located outside of the European Economic Area – are fully analysed for the benefit of lawyers and companies worldwide. Among the specific issues and topics covered are the following: insight into the tricky nature of the GDPR; rules relating to free movement of personal data; legal remedies, liability, administrative sanctions; how to prove compliance with GDPR; direct liability of subcontractors (sub-processors); managing incidents and reporting data breaches; information on when and under what conditions the GDPR rules may apply to non-EU parties; backups and encryption; how to assess risk and adjust security accordingly and document the process; guidelines of the European Data Protection Board; and the GDPR’s digest for obligated parties in a form of a draft data protection policy. The Guide often breaks down GDPR articles into checklists of specific requirements. Of special value are the numerous ready-to-adapt template compliance documents presented in Part II. Because the GDPR contains a set of new obligations and a perspective of severe administrative fines for non-compliance, this guide is an indispensable practical resource for corporate data protection officers, in-house counsel, lawyers in data protection practice, and e-commerce start-ups worldwide.
Today, more than ever, organizations have to cope with increased concerns regarding privacy issues. These concerns are not limited to consumer fears about how information collected by Web sites will be used or misused. They also involve broader issues, including data collected for direct response marketing, privacy of financial and health records,