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European Data Protection Third Edition: Navigating the Evolving Landscape
The landscape of data protection in Europe is constantly shifting. With the General Data Protection Regulation (GDPR) already a cornerstone of digital privacy, understanding its nuances and subsequent evolutions is crucial for businesses and individuals alike. This comprehensive guide delves into the "European Data Protection Third Edition," focusing not on a specific numbered edition of a physical book, but rather on the third major phase of evolution in European data protection since the GDPR's implementation. We'll explore key updates, challenges, and future trends, providing you with the knowledge to navigate this complex regulatory environment.
What constitutes this "Third Edition" of European data protection? It's not a literal book revision, but rather a metaphorical representation of the evolving regulatory landscape. This "third edition" encompasses the core principles of the GDPR, augmented by significant case law interpretations, the emergence of new technologies requiring adaptation, and the ongoing influence of related legislation like the Digital Services Act (DSA) and Digital Markets Act (DMA).
Understanding the Foundation: The GDPR
The GDPR, implemented in 2018, revolutionized data protection across the European Union. Its core principles—lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, and accountability—remain central. However, their interpretation and application have evolved significantly since the initial rollout.
Key GDPR Principles in the "Third Edition":
Accountability: The responsibility for compliance rests squarely with the data controller. The "third edition" highlights the increased scrutiny and potential penalties for failing to demonstrate effective data protection practices.
Data Minimization: This principle is being increasingly emphasized in light of the sheer volume of data collected. Organizations are under pressure to justify the necessity of collecting every data point.
Transparency: Clear and concise privacy policies are non-negotiable. The "third edition" sees a greater focus on making these policies easily accessible and understandable for individuals.
The Impact of Case Law
Court rulings across Europe have shaped the interpretation of the GDPR, adding layers of complexity and clarity. Significant cases have provided further guidance on issues like consent, data breaches, and cross-border data transfers. Understanding these precedents is critical for compliant operations.
Key Case Law Impacts:
Consent: Courts have rigorously scrutinized what constitutes valid consent, emphasizing the need for freely given, specific, informed, and unambiguous consent.
Data Breaches: The "third edition" sees a stricter approach to reporting and mitigating data breaches, emphasizing proactive risk management.
Data Transfers: The Schrems II ruling significantly impacted international data transfers, highlighting the need for robust safeguards to protect data transferred outside the EU.
Emerging Technologies and the "Third Edition"
The rapid advancements in artificial intelligence (AI), the Internet of Things (IoT), and other technologies present new challenges for data protection. The "third edition" necessitates a proactive approach to addressing the unique risks these technologies pose.
Addressing Technological Advancements:
AI and Data Protection: The use of AI raises concerns about algorithmic bias, automated decision-making, and the potential for discriminatory outcomes. Regulations are adapting to address these challenges.
IoT Security: The proliferation of connected devices increases the attack surface for data breaches. Robust security measures and data minimization strategies are paramount.
Data Analytics: The analysis of large datasets necessitates careful consideration of data anonymization and pseudonymization techniques to protect individual privacy.
The Influence of the DSA and DMA
The Digital Services Act (DSA) and Digital Markets Act (DMA) represent a significant expansion of the regulatory landscape. They address issues like online content moderation, digital market competition, and the responsibilities of large online platforms, indirectly impacting data protection practices.
The Interplay with DSA and DMA:
Transparency Requirements: The DSA emphasizes transparency regarding algorithm usage and content moderation policies, aligning with the GDPR’s focus on transparency.
Platform Liability: The DSA and DMA introduce new responsibilities for online platforms regarding user data and content, indirectly influencing data protection strategies.
Enforcement: The combined enforcement power of the GDPR, DSA, and DMA strengthens the regulatory framework and increases the potential for significant penalties for non-compliance.
Conclusion
The "European Data Protection Third Edition" represents a continuous evolution of the regulatory landscape, not a static legal document. Navigating this dynamic environment requires a proactive, adaptive approach focusing on understanding the core principles of the GDPR, staying abreast of case law developments, and anticipating the challenges posed by emerging technologies. By embracing a culture of data protection and proactively addressing potential risks, businesses and individuals can ensure compliance and protect valuable data.
FAQs:
1. What is the key difference between the GDPR and the "third edition"? The "third edition" isn't a formal revision but reflects the evolution of the GDPR's interpretation and application through case law, technological advancements, and new legislation like the DSA and DMA.
2. How do I stay updated on changes in European data protection? Regularly consult the official websites of the European Data Protection Board (EDPB) and relevant national data protection authorities. Following legal news and industry publications is also crucial.
3. What are the potential penalties for non-compliance? Penalties for GDPR violations can be substantial, reaching up to 20 million euros or 4% of annual global turnover, whichever is higher.
4. How does the DSA and DMA impact data protection? These acts introduce new requirements regarding transparency, platform liability, and content moderation, indirectly impacting how organizations handle user data.
5. Where can I find resources to help with GDPR compliance? The EDPB website offers numerous guidance documents, while many consulting firms specialize in GDPR compliance. Industry associations also provide valuable resources and networking opportunities.
| european data protection third edition: European Data Protection, Third Edition Eduardo Ustaran, 2022-12 |
| european data protection third edition: Handbook on European data protection law Council of Europe, European Union Agency for Fundamental Rights, 2018-04-15 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. |
| european data protection third edition: DPO Handbook - Data Protection Officers Under the GDPR Thomas Shaw, 2018-03 |
| european data protection third edition: European Data Protection: In Good Health? Serge Gutwirth, Ronald Leenes, Paul de Hert, Yves Poullet, 2012-02-23 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. |
| european data protection third edition: Privacy Program Management, Third Edition Russell Densmore, 2021-12 |
| european data protection third edition: Reforming European Data Protection Law Serge Gutwirth, Ronald Leenes, Paul de Hert, 2014-11-17 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. |
| european data protection third edition: The EU General Data Protection Regulation (GDPR) Paul Voigt, Axel von dem Bussche, 2017-08-07 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. |
| european data protection third edition: Data Protection Around the World Elif Kiesow Cortez, 2020-11-20 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. |
| european data protection third edition: Understanding the New European Data Protection Rules Paul Lambert, 2017-09-20 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. |
| european data protection third edition: The Emergence of Personal Data Protection as a Fundamental Right of the EU Gloria González Fuster, 2014-04-28 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. |
| european data protection third edition: Information Sharing and Data Protection in the Area of Freedom, Security and Justice Franziska Boehm, 2011-11-06 Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field. |
| european data protection third edition: The Evolution of EU Law Paul P. Craig, Gráinne De Búrca, 2011 The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future. |
| european data protection third edition: European Data Protection: Coming of Age Serge Gutwirth, Ronald Leenes, Paul de Hert, Yves Poullet, 2012-11-22 On 25 January 2012, the European Commission presented its long awaited new “Data protection package”. With this proposal for a drastic revision of the data protection framework in Europe, it is fair to say that we are witnessing a rebirth of European data protection, and perhaps, its passage from an impulsive youth to a more mature state. Technology advances rapidly and mobile devices are significantly changing the landscape. Increasingly, we carry powerful, connected, devices, whose location and activities can be monitored by various stakeholders. Very powerful social network sites emerged in the first half of last decade, processing personal data of many millions of users. Updating the regulatory network was imminent and the presentation of the new package will initiate a period of intense debate in which the proposals will be thoroughly commented upon and criticized, and numerous amendments will undoubtedly be proposed. This volume brings together some 19 chapters offering conceptual analyses, highlighting issues, proposing solutions, and discussing practices regarding privacy and data protection. In the first part of the book, conceptual analyses of concepts such as privacy and anonymity are provided. The second section focuses on the contrasted positions of digital natives and ageing users in the information society. The third section provides four chapters on privacy by design, including discussions on roadmapping and concrete techniques. The fourth section is devoted to surveillance and profiling, with illustrations from the domain of smart metering, self-surveillance and the benefits and risks of profiling. The book concludes with case studies pertaining to communicating privacy in organisations, the fate of a data protection supervisor in one of the EU member states and data protection in social network sites and online media. This volume brings together some 19 chapters offering conceptual analyses, highlighting issues, proposing solutions, and discussing practices regarding privacy and data protection. In the first part of the book, conceptual analyses of concepts such as privacy and anonymity are provided. The second section focuses on the contrasted positions of digital natives and ageing users in the information society. The third section provides four chapters on privacy by design, including discussions on roadmapping and concrete techniques. The fourth section is devoted to surveillance and profiling, with illustrations from the domain of smart metering, self-surveillance and the benefits and risks of profiling. The book concludes with case studies pertaining to communicating privacy in organisations, the fate of a data protection supervisor in one of the EU member states and data protection in social network sites and online media. |
| european data protection third edition: European Data Protection Law Christopher Kuner, 2007-02-22 The new edition of this acclaimed book has been expanded to give a fully updated overview of European data protection law, with a focus on data protection compliance issues affecting companies, and incorporating the important legal developments which have taken place since the last edition was published. These include the first three cases of the European Court of Justice interpreting the EU Data Protection Directive (95/46); accession of new Member States to the EU; the new Data Retention Directive; new developments on international data transfers, such as model contracts and binding corporate rules; and conflicts between US security requirements and EU data protection law. The book provides pragmatic guidance for companies faced with data protection compliance issues. It includes extensive appendices, such as texts of the relevant directives, model contracts, and overviews of Member State implementations. |
| european data protection third edition: Data Protection in the Internet Dário Moura Vicente, Sofia de Vasconcelos Casimiro, 2019-12-01 This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict. |
| european data protection third edition: EU Personal Data Protection in Policy and Practice Bart Custers, Alan M. Sears, Francien Dechesne, Ilina Georgieva, Tommaso Tani, Simone van der Hof, 2019-03-08 In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement. Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection. With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe. Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director. |
| european data protection third edition: EU Data Protection and the GDPR Daniel J. Solove, Paul M. Schwartz, 2020-11-23 Developed from the casebook Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues related to the GDPR and data protection in the European Union. Topics covered include the GDPR, Schrems cases, the right to be forgotten, and international data transfers. This book is designed for use in courses and seminars on: Comparative and international law EU law Privacy law Information law Consumer law Topics covered include: GDPR Schrems I and Schrems II cases The right to be forgotten International data transfers, including an account of the rise and fall of the Privacy Shield European Court of Human Rights cases European Court of Justice cases Comparative analysis of EU and US privacy law |
| european data protection third edition: Reinventing Data Protection? Serge Gutwirth, Yves Poullet, Paul de Hert, Cécile de Terwangne, Sjaak Nouwt, 2009-05-24 data. Furthermore, the European Union established clear basic principles for the collection, storage and use of personal data by governments, businesses and other organizations or individuals in Directive 95/46/EC and Directive 2002/58/EC on Privacy and Electronic communications. Nonetheless, the twenty-?rst century citizen – utilizing the full potential of what ICT-technology has to offer – seems to develop a digital persona that becomes increasingly part of his individual social identity. From this perspective, control over personal information is control over an aspect of the identity one projects in the world. The right to privacy is the freedom from unreasonable constraints on one’s own identity. Transactiondata–bothtraf?candlocationdata–deserveourparticularattention. As we make phone calls, send e-mails or SMS messages, data trails are generated within public networks that we use for these communications. While traf?c data are necessary for the provision of communication services, they are also very sensitive data. They can give a complete picture of a person’s contacts, habits, interests, act- ities and whereabouts. Location data, especially if very precise, can be used for the provision of services such as route guidance, location of stolen or missing property, tourist information, etc. In case of emergency, they can be helpful in dispatching assistance and rescue teams to the location of a person in distress. However, p- cessing location data in mobile communication networks also creates the possibility of permanent surveillance. |
| european data protection third edition: U. S. Private-Sector Privacy, Third Edition Peter Swire, DeBrae Kennedy-Mayo, 2020-06 |
| european data protection third edition: Personal Data in Competition, Consumer Protection and Intellectual Property Law Mor Bakhoum, Beatriz Conde Gallego, Mark-Oliver Mackenrodt, Gintarė Surblytė-Namavičienė, 2018-11-02 This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data. |
| european data protection third edition: European Data Privacy Law and Online Business Christopher Kuner, 2003 EU data protection law is of great practical relevance for any company doing business in today's global information economy. This book provides a detailed and practical exposition of European data protection law in the context of the issues that arise in electronic commerce and dataprocessing. It analyses the relevant EU legislation and case-law, and makes particular reference to the EU Data Protection Directives as well as to the national regulatory systems in Europe and the US. Numerous examples are taken from practice, and advice is given on how the relevant data protectionlaws apply to and impact upon business in Europe, the US, and worldwide. Beginning with a detailed description of the legislative process, the book goes on to discuss the basic legal concepts underlying data protection law. It then focuses on how to determine whether EU law applies to particular electronic commerce and online activities, and how to transfer personal dataoutside Europe so as to comply with EU law. The book also includes a comprehensive analysis of how to deal with complex compliance challenges, including notification of databases, processing of employee data, privacy policies, and website compliance and standardization. The key legislative texts needed to deal with complex data protection issues are included in the appendices, along with forms and precedents, contact information for data protection authorities, and links to useful websites. The book is fully up-to-date with the amendments to the TelecommunicationsData Protection Directive passed in the summer of 2002. |
| european data protection third edition: The European Union as Guardian of Internet Privacy Hielke Hijmans, 2016-09-06 This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world. |
| european data protection third edition: Data Protection and Privacy: (In)visibilities and Infrastructures Ronald Leenes, Rosamunde van Brakel, Serge Gutwirth, Paul De Hert, 2017-02-07 This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work. |
| european data protection third edition: Data Protection Law Robert Walters, Leon Trakman, Bruno Zeller, 2019-09-04 This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals. |
| european data protection third edition: Education and Public Policy in the European Union Sarah K. St. John, Mark Murphy, 2019-02-12 This book fleshes out activities and initiatives in the field of education from across areas of European Union competence in order to highlight the extent to which education and training have penetrated the European Community’s policymaking since its creation. Policies are all too often placed in their individual silos, which can sometimes work against deeper understanding of policymaking and its reach across policy domains. This project avoids such compartmentalisation and instead crosses boundaries to explore education’s relationship with other policy areas, as well as its far-reaching role in the construction of a united Europe. It demonstrates education’s significance across the broad landscape of European integration by presenting a collection of case studies, which represent policy areas that have experienced the infiltration of education. These include: Migration, Health, Agriculture, Multilingualism, Media and Communications, and the environment. |
| european data protection third edition: Data Protection Rosemary Jay, Angus Hamilton, 2003 Focusing on restitution, this title provides comprehensive interpretation of various aspects of the subject. It first examines the principles of unjust enrichment and then goes on to give detailed coverage of the principles and practical applications of mistake, compulsion, necessity, ineffective transactions, and defences |
| european data protection third edition: GDPR and Biobanking Jane Reichel, Santa Slokenberga, Olga Tzortzatou, Springer Nature, 2021 Part I Setting the scene -- Introduction: Individual rights, the public interest and biobank research 4000 (8) -- Genetic data and privacy protection -- Part II GDPR and European responses -- Biobank governance and the impact of the GDPR on the regulation of biobank research -- Controller' and processor's responsibilities in biobank research under GDPR -- Individual rights in biobank research under GDPR -- Safeguards and derogations relating to processing for archiving purposes in the scientific purposes: Article 89 analysis for biobank research -- A Pan-European analysis of Article 89 implementation and national biobank research regulations -- EEA, Switzerland analysis of GDPR requirements and national biobank research regulations -- Part III National insights in biobank regulatory frameworks -- Selected 10-15 countries for reports: Germany -- Greece -- France -- Finland -- Sweden -- United Kingdom -- Part IV Conclusions -- Reflections on individual rights, the public interest and biobank research, ramifications and ways forward. . |
| european data protection third edition: The EU General Data Protection Regulation (GDPR) Christopher Kuner, 2019-06-13 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 data protection third edition: Between Compliance and Particularism Marton Varju, 2019-02-08 The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework. |
| european data protection third edition: A Collection of Practice Exams on European Data Protection Law Majid Hatamian, 2021-08-13 This book contains 180 multiple-choice and scenario-based questions divided into two practice exams (each contains 90 questions). Detailed answers for all questions are provided with citations to relevant articles and recitals of the General Data Protection Regulation (GDPR) to help you grasp hands-on experience on European privacy and data protection challenges that you may face in your actual CIPP/E exam. This book provides a deep understanding of privacy and data protection matters in relation to practical and theoretical aspects of existing European data protection frameworks such as the GDPR and the ePrivacy Directive. This book also covers a broad range of legal, technological, and societal perspectives in conjunction with European privacy and data protection frameworks such as the use of Artificial Intelligence (AI), privacy dark patterns, cloud computing, direct marketing, surveillance activities, employment relationships and many other topics inspired by multiple-choice and scenario-based questions to profoundly test your existing knowledge on practical and theoretical implications of European data protection laws. |
| european data protection third edition: Designing for Privacy and its Legal Framework Aurelia Tamò-Larrieux, 2018-11-03 This book discusses the implementation of privacy by design in Europe, a principle that has been codified within the European Data Protection Regulation (GDPR). While privacy by design inspires hope for future privacy-sensitive designs, it also introduces the need for a common understanding of the legal and technical concepts of privacy and data protection. By pursuing an interdisciplinary approach and comparing the problem definitions and objectives of both disciplines, this book bridges the gap between the legal and technical fields in order to enhance the regulatory and academic discourse. The research presented reveals the scope of legal principles and technical tools for privacy protection, and shows that the concept of privacy by design goes beyond the principle of the GDPR. The book presents an analysis of how current regulations delegate the implementation of technical privacy and data protection measures to developers and describes how policy design must evolve in order to implement privacy by design and default principles. |
| european data protection third edition: Data Protection Implementation Guide Brendan Quinn, 2021-09-02 The complexities of implementing the General Data Protection Regulation (GDPR) continue to grow as it progresses through new and ever-changing technologies, business models, codes of conduct, and decisions of the supervisory authorities, and the courts. This eminently practical guide to implementing the GDPR – written in an original, problem-solving style by a highly experienced data protection expert with equal knowledge of both law and technology – provides a step-by-step project management approach to building a GDPR-compliant data protection system, assessing, and documenting the risks and then implementing these changes through processes at the operational level. With detailed attention to case law (Member State, ECJ, and ECHR), especially where affecting high-risk areas that have attracted scrutiny, the guidance proceeds systematically through such topics and issues as the following: required documentation, policies, and procedures; risk assessment tools and analysis frameworks; children’s data; employee and health data; international transfers post-Schrems II; data subject rights including the right of access; data retention and erasure; tracking and surveillance; and effects of technologies such as artificial intelligence, biometrics, and machine learning. With its practical examples derived from the author’s experience in building GDPR-compliant software, as well as its analysis of case law and enforcement priorities, this incomparable guide enables company data protection officers and compliance staff to advise on key issues with full awareness of the legal and reputational risks and how to mitigate them. It is also sure to be of immeasurable value to concerned regulators and policymakers at all government levels. “…it's going to be the go to resource for practitioners.” Tom Gilligan, Data Protection Consultant, September 2021 I purchased this book recently and I’m very glad I did. It’s the textbook I have been waiting for. As someone relatively new to data protection, I was finding it very difficult to find books on the practical side of data protection. This book is very clearly laid out with practical examples and case law given for each topic, which is immensely helpful. I would recommend it to any data protection practitioners. Jennifer Breslin, LLM CIPP/E, AIPP Member |
| european data protection third edition: Data Protection Compliance Laura L. Keogh, 2019 |
| european data protection third edition: The Birth of Digital Human Rights Rebekah Dowd, 2021-11-17 This book considers contested responsibilities between the public and private sectors over the use of online data, detailing exactly how digital human rights evolved in specific European states and gradually became a part of the European Union framework of legal protections. The author uniquely examines why and how European lawmakers linked digital data protection to fundamental human rights, something heretofore not explained in other works on general data governance and data privacy. In particular, this work examines the utilization of national and European Union institutional arrangements as a location for activism by legal and academic consultants and by first-mover states who legislated digital human rights beginning in the 1970s. By tracing the way that EU Member States and non-state actors utilized the structure of EU bodies to create the new norm of digital human rights, readers will learn about the process of expanding the scope of human rights protections within multiple dimensions of European political space. The project will be informative to scholar, student, and layperson, as it examines a new and evolving area of technology governance – the human rights of digital data use by the public and private sectors. |
| european data protection third edition: GDPR For Dummies Suzanne Dibble, 2019-11-22 Don’t be afraid of the GDPR wolf! How can your business easily comply with the new data protection and privacy laws and avoid fines of up to $27M? GDPR For Dummies sets out in simple steps how small business owners can comply with the complex General Data Protection Regulations (GDPR). These regulations apply to all businesses established in the EU and to businesses established outside of the EU insofar as they process personal data about people within the EU. Inside, you’ll discover how GDPR applies to your business in the context of marketing, employment, providing your services, and using service providers. Learn how to avoid fines, regulatory investigations, customer complaints, and brand damage, while gaining a competitive advantage and increasing customer loyalty by putting privacy at the heart of your business. Find out what constitutes personal data and special category data Gain consent for online and offline marketing Put your Privacy Policy in place Report a data breach before being fined 79% of U.S. businesses haven’t figured out how they’ll report breaches in a timely fashion, provide customers the right to be forgotten, conduct privacy impact assessments, and more. If you are one of those businesses that hasn't put a plan in place, then GDPR For Dummies is for you. |
| european data protection third edition: Cipp/E Gabe Smit, Timothy Smit, 2020-11-07 Assists you in your focused preparation for the Certified Information Privacy Professional/Europe certification exam while delivering exam preparation that is comprehensive, based on the GDPR, ensuring your understanding of the material enabling success to sit the exam. |
| european data protection third edition: Handbook on European Data Protection Law Union européenne. Agence des droits fondamentaux, Conseil de l'Europe, Cour européenne des droits de l'homme, 2014 The aim of this handbook is to raise awareness and improve knowledge of data protection rules in European Union and Council of Europe member states by serving as the main point of reference to which readers can turn. It is designed for non-specialist legal professionals, judges, national data protection authorities and other persons working in the field of data protection. |
| european data protection third edition: EU Data Protection Law Denis Kelleher, Karen Murray, 2018-03-01 Data Protection has become one of the most important news topics of recent years, playing a role in elections and referendums, and posing a whole host of new legal questions. At its core, data protection is the statutory protection provided to protect the privacy of individuals with regard to personal data. It's places various obligations on persons who keep personal data, eg that the data must be accurate and kept for lawful purposes. EU Data Protection Law provides an analysis of the EU's proposed General Data Protection Regulation. The book analyses the rights of the data subject including rights to information, access, rectification, erasure (right to be forgotten), restriction, portability and objection. It examines in detail the role and responsibilities of controllers and processors together with governance (including the Data Protection Officer) and risk (data protection by design and default, the Data Protection Impact Assessment, data security and the notification of subjects). The role of data protection authorities, the European Data Protection Board and enforcement mechanisms such as fines and other liabilities and penalties are also explored. Other relevant Directives are discussed together with appropriate case law. This comprehensive treatment is the only one of its kind. It will also be of international appeal, as Ireland's perspective in this area carries great weight in light of Ireland's position as the European headquarters for many digital technology companies such as Facebook and Google. |
| european data protection third edition: Taxation in European Union Pietro Boria, 2017-04-04 This book provides a comprehensive and systematic overview of the main topics of taxation in European law. The sequence of arguments follows an institutional logic, respecting the academic tradition of tax law. It first outlines the general framework of EU institutions, with a particular focus on the set of regulations regarding taxation with reference to the stage of formation of EU rules and the potential contrast with national legal systems. It then explores the general principles emerging from the European treaties that typically involve the taxation system, and examines in detail the fiscal importance of European freedoms, the principle of tax non-discrimination, the balance between national interest and EU values, tax harmonization, state aids and other general principles applicable in tax jurisdiction. Lastly, it offers an overall assessment of the development of the European integration process, with particular regard to the nexus between taxation power and sovereignty, in order to highlight the possible and desirable next stages of the evolution of “European tax law”. |
| european data protection third edition: The Brussels Effect Anu Bradford, 2020-01-27 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. |
European Data Protection: Coming of Age - Springer
title for CPDP2012. The Data Protection Package can indeed be described as a turning point, a rebirth of European data protection, and perhaps, its passage from an impulsive youth to a …
Report on the protection and enforcement of intellectual …
This report is part of the efforts of the European Commission to strengthen the protection and enforcement of IPR in third countries2. It has been published biennially since 2006, the last …
Review of the European Data Protection Directive
Non-European organisations tend to perceive the European regulations as somewhat paternalistic towards other and perhaps equally valid data protection approaches. The interviews …
Expanding the European data protection scope beyond …
processing of personal data.5 With the development of the information society and ease of data transfers through the web, the territoriality principle seems to be becoming obsolete.
An overview on data pseudonymisation
Third-party sources are quoted as appropriate. ENISA is not responsible for the content of the external ... Regulators (e.g. Data Protection Authorities and the European Data Protection …
Copyright © 2017, IAPP v. 4.0. European Privacy Certification
European Data Protection: Law and Practice (Print & Digital Copies available). Portsmouth: IAPP Publications, 2018 ... Handbook on European Data Protection Law 2018 edition. European …
Handbook on European law relating to the rights of the child
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Statement 02/2021 on new draft provisions of the second
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EUROPEAN DATA PROTECTION SUPERVISOR
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TO: European Data Protection Board (EDPB)
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Review of the European Data Protection Directive
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The Privacy Shield - European Parliament
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ARTICLE 29 DATA PROTECTION WORKING PARTY - Die …
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