AN ANALYSIS OF THE GENERAL DATA PROTECTION REGULATION (EU) 2016 679.pdf (original) (raw)
Related papers
AmCham Magazine, Issue 4(175), 2017
The present paper analyzes some of the key novelties introduced in the EU data protection legislation with the General Data Protection Regulation (GDPR). (Note: The paper is in English)
Data Privacy Legislation in the EU Member States – Part Two of the Pratical Overview
Computer Law Review International, 2018
This article concerns the national data privacy laws of the EU Member States which introduced specific domestic laws supplementing GDPR during the third quarter of 2018. The article provides an overview of how such EU Member States have adjusted their domestic data protection laws in the following core areas: (1) domestic legislation; (2) definitions; (3) relevant supervisory authority; (4) registration requirements; (5) data protection officer (DPO); (6) collection and processing; (7) data subject rights; (8) data transfer to third countries; (9) security of personal data; (10) data breach notification; (11) enforcement; (12) data processing in employment context; (13) provisions relating to specific processing situations (chapter 9 of the GDPR); (14) electronic marketing; (15) online privacy; (16) other notable domestic regulations.
The Sanctioning Regime Provided by Regulation (EU) 2016/679 on the Protection of Personal Data
Abstract In the public space and in the debates among professionals, the new general data protection regulation, which is to be applied from May 25th 2018, is debated more and more conjunctively with the news brought by this European Union legislative act, but especially regarding the new sanctioning regime. We analyse the questions that arise concerning the violations to be sanctioned, the classification of sanctions and their amount, the deliberate nature of the violation and the effective procedural safeguards, in accordance with the general principles of European Union law and the CFSP. During the analysis we identify answers to these questions and, last but not least, underline the competence of the Member States as well as the role of the national supervisory authorities regarding to the sanctioning regime provided for by the Regulation. Keywords: Regulation (EU) 2016/679 (GDPR), the protection of personal data, corrective powers, administrative fines, sanctioning regime, the competence of the Member States, national supervisory authorities Irina Alexe, The Sanctioning Regime Provided by Regulation (EU) 2016/679 on the Protection of Personal Data (December 05, 2017). Law Review, Volume VIII, Issue 1, January-June 2018, p. 60-73.
Challenges of General Data Protection Regulation (GDPR)
Proceedings of the International Scientific Conference - Sinteza 2018, 2018
The aim of this paper is The General Data Protection Regulation (GDPR), an overview of current achievements in this domain within the framework of existing knowledge in literature, international standards and the best practice as far as the GDPR is concerned. This paper is particularly dedicated to GDPR who harmonizes data protection requirements across all 28 Member States, introduces new rights for data subjects, and applies extraterritorially to any organization controlling or processing data on natural persons in the European Union.
The European Union general data protection regulation: what it is and what it means
Information & Communications Technology Law, 2019
This paper introduces the strategic approach to regulating personal data and the normative foundations of the European Union's General Data Protection Regulation ('GDPR'). We explain the genesis of the GDPR, which is best understood as an extension and refinement of existing requirements imposed by the 1995 Data Protection Directive; describe the GDPR's approach and provisions; and make predictions about the GDPR's implications. We also highlight where the GDPR takes a different approach than U.S. privacy law. The GDPR is the most consequential regulatory development in information policy in a generation. The GDPR brings personal data into a detailed regulatory regime, that will influence personal data usage worldwide. Understood properly, the GDPR encourages firms to develop information governance frameworks, to in-house data use, and to keep humans in the loop in decision making. Companies with direct relationships with consumers have strategic advantages under the GDPR, compared to third party advertising firms on the internet. To reach these objectives, the GDPR uses big sticks, structural elements that make proving violations easier, but only a few carrots. The GDPR will complicate and restrain some informationintensive business models. But the GDPR will also enable approaches previously impossible under less-protective approaches.
Data Protection: A new Regulation in the European Union
The European Union has approved a new Regulation that lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. This Regulation will apply to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. It will also apply to the processing of personal data by a controller not established in the Union in certain circumstances. This article is a little abstract of part of the Regulation content.
General Data Protection Regulation in the EU: critical review of the Impact Assessment
The European centrepiece of existing European Union (EU) legislation on personal data protection is regulated since 1995 by the Directive 95/46/EC1, which was adopted with the main objetctive of harmonising national laws on data protection across Europe. The Directive is binding on the countries to whom it is addressed as to the result to be achieved, while leaving national authorities competence as to form and means. Each Member State, thus, havs implemented its dispositions differently and this fact has led to inconsistencies which create complexity, legal uncertainty and administrative costs. In addition to this legal fragmentation and uncertainty, it has to be remarked that the EU legislation on data protection, the Directive, has been in place since 1995 and it was introduced at a time when many today’s online services did not exist yet. Internet environment and technological developments came up with such rapidity and strength that they have brought great new challenges for the protection of personal data: the scale of sharing data and collecting has increased dramatically allowing both private companies and public authorities to use them on an unprecedented scale in order to pursue their activities. In January 2012, the European Commission published a vast legislative package which includes, inter alia, a legislative proposal for a General Data Protection Regulation aimed at improving the current legislation and giving greater protection to personal data across the EU. European harmonization in the field of personal data protection is significantly important for everyone: as individuals we are so far completely involved in the “digitalised age” since we increasingly make personal information available publicly and globally affecting the economy and social life: nowadays our personal data cross rapidly borders between Member States and worldwide, they do not simply stay in one single country. In this scenario, our interest lies in understanding and assessing the quality of the present Impact Assessment (IA). We will base our understanding and evaluations of the IA on the base of the IA Guidelines adopted by the European Commission in 2009. In particular a number of questions will be answered following IA’s key analytical steps: identifying the problem, defining the objectives, developing main policy options, analysing the impacts of the options, comparing the options and at the end outlining policy monitoring and evaluation. In addition to the recommendations made by the Board, we decided to add our own recommendations based on the indications provided by the IA Guidelines as well as by the European Parliament Jan Philipp Albrecht, rapporteur on the data protection regulation. During our analysis, we decided to integrate our knowledge in the field of personal data at EU level based in particular on Albrecht’s expertise. Indeed, through the researches and studies made by Albrecht on European data protection, we thereby acquire important and proper tolls as well as theoretical means concerning data protection first in order to deep understand the whole subject of analysis, secondly in order to better assess the quality of the IA. Our contribution is, therefore, a confirmation of the core of the present topic: as technological inputs are able to collect nowadays more and more information at an extraordinary rate, we share the belief that it urges to have a common legal framework and a comprehensive data protection scheme in the EU to protect our rights also in the Internet environment. It is, thereby, clear the need to ensure that the fundamental right to personal data protection is consistently applied in the context of all EU policies in the most comprehensive and consistent way.
European Union Data Privacy Law Developments
Business Lawyer, 2014
This article explores recent developments in European Union data privacy and data protection law, through an analysis of European Union advisory guidance, independent administrative agency enforcement action, case law, and legislative reform in the areas of digital technologies, the internet, telecommunications and personal data. In the first case, Article 29 Working Party guidance on anonymization techniques – so important in the field of big data – is discussed and distinguished from pseudonymization. Next, Google privacy policy enforcement action by various EU Member State data protection agencies (inter alia, France, Germany, Italy, the Netherlands and Spain) is chronicled, with lessons being drawn for businesses regarding privacy policies and data protection compliance generally. Thirdly, European Union Court of Justice joined cases Digital Rights Ir. Ltd. V. Minister for Comm. Marine & Natural Res., invalidating the EU Data Retention Directive, which was applicable to providers of publicly available electronic communications services and public communications networks, such as ISPs and telecom operators, is analyzed and the WP29 reaction to the decision is discussed. The Data Retention Directive decision and recent legislative action on the proposed EU General Data Protection Regulation (GDPR) highlight the importance in Europe of the protection of individuals’ fundamental rights to privacy and freedom of expression in the internet and telecommunications context. Finally, this article discusses recent developments regarding the GDPR, while the revelations of U.S. NSA mass surveillance programs continued to preoccupy European lawmakers. PLEASE NOTE THAT THIS PAPER MAY BE DOWNLOADED USING THE SSRN LINK PROVIDED.
Towards Standard Information Privacy, Innovations of the new General Data Protection Regulation
Library Philosophy and Practice (e-journal)- Scopus Indexed, 2019
Protection of personal data in recent decades became more crucial affecting by emergence of the new technologies especially computer, internet, information and communications technology. However, Europeans felt this necessity at time and provided for up-to-date and supportive laws. The General Data Protection Regulation (GDPR) is the latest legislation in EU to protect personal data of individuals based on the recent technological advancements. However, its' domestic and international output still is debatable. This doctrinal legal study by using descriptive methods, aimed to evaluate the GDPR through analyzing and interpreting its' provisions by especial focus on its' innovations. The results show that the GDPR is much developed in comparison with previous personal data protection documents and will be a referred reference for the rest of the world in the near future.
Privacy and Data Protection in EU
As far as the technology has become more user friendly, individuals exchange more data between themselves using technological tools. The communication between individuals has become faster and more intense. In parallel to these developments, the norms and values of the societies, thus of the individuals have changed and the meaning of data privacy has being re-interpreted in today’s world. Each development in the technology fuels another one. In parallel to that, individuals’ interactions have gained new formats based on the new technologies. On the other hand, political concerns, like more need to defend public security should also be mentioned. While encouraging the developments of the new technologies, the States consider to maintain their citizens’ security and rights to their personal data protection. How far the European Union, with its legislation for data protection, is reaching to this target? This study will give some highlights for answering this question.