Handbook on European data protection law PDF Download

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287198497
Category : Political Science
Languages : en
Pages : 402

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Book Description
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.

Author: Mariusz Krzysztofek
Publisher: Kluwer Law International B.V.
ISBN: 9403532718
Category : Law
Languages : en
Pages : 330

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Book Description
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.

Author: Brendan Van Alsenoy
Publisher:
ISBN: 9781780688282
Category : Data protection
Languages : en
Pages : 0

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Book Description
Practically every organisation in the world processes personal data. European data protection law imposes a series of requirements designed to protect individuals against the risks that result from the processing of their data. It also distinguishes among different types of actors involved in the processing and sets out different obligations for each type of actor. The most important distinction in this regard is the distinction between 'controllers' and 'processors'. This book seeks to determine whether EU data protection law should continue to maintain its current distinction.

Author: Jos Dumortier
Publisher: Kluwer Law International B.V.
ISBN: 9403508361
Category : Law
Languages : en
Pages : 320

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in the EU covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including an in-depth overview of the case law of the European Court of Human Rights and an analysis of the European e-Privacy Directive regarding the protection of privacy in electronic communications; (2) personal data protect on, including a detailed analysis of the provisions of the GDPR, an up-to-date overview of the case law of the Court of Justice of the EU and of the opinions and guidelines of the European Data Protection Board (EDPB).

Author: Orla Lynskey
Publisher: Oxford University Press
ISBN: 0191028061
Category : Law
Languages : en
Pages : 264

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Book Description
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.

Author: Christopher Kuner
Publisher: OUP Oxford
ISBN: 9780199283859
Category : Computers
Languages : en
Pages : 0

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Book Description
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.

Author: Serge Gutwirth
Publisher: Springer
ISBN: 9401793859
Category : Law
Languages : en
Pages : 406

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Book Description
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.

Author: Denis Kelleher
Publisher: Bloomsbury Publishing
ISBN: 178451554X
Category : Law
Languages : en
Pages : 600

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Book Description
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.

Author: Normann Witzleb
Publisher: Cambridge University Press
ISBN: 1107041678
Category : Business & Economics
Languages : en
Pages : 469

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Book Description
Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.

Author: Eleni Kosta
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232362
Category : Law
Languages : en
Pages : 461

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Book Description
Against the background of European legal framework, this book offers a comprehensive analysis of the concept of consent in data protection, with a special focus on the field of electronic communications.