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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.
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
Seminar paper from the year 2018 in the subject Law - Data protection, grade: 2,0, University of Hohenheim, language: English, abstract: This paper aims to conduct a critical literature review on the main research question: Does the European General Data Protection Regulation increase consumer's utility by increasing privacy protection? The paper is structured as follows in chapter 2.1, a systematic framework of the notion of privacy and privacy protection will be described. Afterwards, the paper will study which kind of personal data is collected, data collection technologies such as user log-in information, cookies or IP address, and the usage process of personal data. Then, in chapter 2.3, the command and control policy is considered a consumer policy instrument to determine how the consumer can benefit from the command and control policy and how the government can set limitations about the level of privacy protection and consumer's welfare. The last chapter 2.4 presents the significant articles of the law European General Data Protection Regulation (EU GDPR) for privacy protection and the consequences for non-compliance with the EU GDPR. In the main part, the research tries to answer the following questions split in chapters 3.1 and 3.2: How can we reduce privacy concerns? Can a privacy protection law like the EU GDPR lower privacy concerns and protect the welfare of the consumer? This paper sets out the main arguments for introducing consumers’ privacy concerns, privacy paradox, and consumer's utility regarding consumer welfare to answer the questions as mentioned above. Finally, the paper will summarise the findings and a concluding solution to the research question. Edward Snowden's disclosures regarding the surveillance practices of the National Security Agency (NSA) and the Facebook-Cambridge Analytica affair, in which data from up to 87 million Facebook users were illegally collected. These both cases were the largest personal data scandal in the past years. The violations of privacy protection create enormous concerns, not only for the affected firms but also for their customers. Depending on the firm, the stolen data can range from relatively harmless information to extremely personal data. Besides that, a breach of privacy rights will cost a lot of money to remediate and do serious harm to a firm's credibility and reputation. These examples have sent alarming signals to governments, firms, consumer policy, and consumers to address the problem of personal processing data and privacy protection.
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
Countries are increasingly introducing data localization laws, threatening digital globalization and inhibiting cloud computing adoption despite its acknowledged benefits. This multi-disciplinary book analyzes the EU restriction (including the Privacy Shield and General Data Protection Regulation) through a cloud computing lens, covering historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data, and control of access to data through security.
In the age of technological advancement, including the emergence of artificial intelligence, big data, and the internet of things, the need for privacy and protection has risen massively. This phenomenon has led to the enforcement of two major legal directives in the European Union (EU) that aim to provide vigorous protection of personal data. There is a need for research on the repercussions and developments that have materialized with these recent regulations and how the rest of the world has been affected. Personal Data Protection and Legal Developments in the European Union is an essential reference source that critically discusses different aspects of the GDPR and the Law Enforcement Directive as well as recent jurisprudential developments concerning data privacy in the EU and its member states. It also addresses relevant recent case law of the Court of Justice of the EU, the European Court of Human Rights, and national courts. Featuring research on topics such as public transparency, medical research data, and automated decision making, this book is ideally designed for law practitioners, data scientists, policymakers, IT professionals, politicians, researchers, analysts, academicians, and students working in the areas of privacy, data protection, big data, information technology, and human rights law.
Seminar paper from the year 2023 in the subject Politics - Topic: European Union, grade: 1,0, University of Dusseldorf "Heinrich Heine", language: English, abstract: The digital age has revolutionized our lives, offering convenient access to information and services. However, this convenience comes at the cost of data privacy. With a vast majority of the EU population using the internet in 2021, personal data exchange is rampant. Surprisingly, despite privacy being a human right, only 39% of internet users read data protection policies before sharing their personal information. To safeguard personal identities, the General Data Protection Regulation (GDPR) was introduced. While it empowers consumers, it also impacts businesses, especially in terms of competition. This literature analysis delves into the GDPR's effects on companies. The GDPR sets essential principles, making it applicable to all firms processing EU citizens' data. Compliance involves various measures, contingent on data processing volume and method. The GDPR grants consumers rights, including being informed, access, being forgotten, objection, and data portability. These rights offer benefits to companies, fostering trust and enhancing their competitive edge. Companies complying with GDPR have gained more customers and partners, bolstering their market position. Nevertheless, many companies view GDPR negatively, fearing legal uncertainties and curtailment of business activities, particularly affecting innovative, digital firms. GDPR may weaken the competitive position compared to non-GDPR competitors, as it increases costs and causes the loss of some collaboration partners. In conclusion, this analysis demonstrates that the GDPR has had an adverse effect on companies, particularly concerning their competitive position. It suggests implementing the GDPR as a uniform standard framework to ensure fair competition among companies, addressing the law's uneven impact. This work contributes to the understanding of the GDPR's impact on businesses, highlighting the need for more research in this area, which currently tends to be consumer-centric.
EU Data Protection Agencies have been vigorously enforcing violations of regional and national data protection law in recent years against U.S. tech companies but few changes have been made to their business model of exchanging free services for personal data. With the Cambridge Analytica debacle revealing how insufficient American privacy law is, we now find ourselves questioning whether the General Data Protection Regulation (GDPR) is not the onerous 99 article regulation to be feared, but rather a creation years ahead of its time. This paper will explain how the differences in U.S. and EU privacy and data protection law and ideology have led to a wide divergence in enforcement actions and what U.S. companies will need to do in order legally process the data of their users in the EU. The failure of U.S. tech companies to fulfill the requirements of the GDPR, which has extraterritorial application and becomes applicable on May 25, 2, could result in massive fines (up to $4 billion using the example of Google). The GDPR will mandate a completely new business model for these U.S. tech companies that have been operating for well over a decade with very loose restrictions under U.S. law. Will the GDPR be the end of Google and Facebook or will it be embraced as the gold standard of how companies ought to operate?
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.