European Union Law Privacy and Data Protection

GDPR: Personal Data Protection in the European Union

By Mariusz Krzysztofek
Kluwer Law International April 2021

Specifications

ISBN-13
9789403532707
Publisher
Kluwer Law International
Publication
April 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

GDPR: Personal Data Protection in the European Union gives a detailed account of the legal and practical aspects of EU’s personal data protection law and presents the new solutions according to the new legal situation following its recent reform. Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the EU has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) (EU) 2016/679. This book offers a comprehensive discussion of key 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 and expanding the scope in the context of electronic communication, including aspects such as digital marketing and cookies, under the ePrivacyDirective 2002/58/EC, which complements the GDPR.

What’s in this book:

Among the broad spectrum of aspects of the subject covered, it includes the recent judgment of the Court of Justice of the European Union (CJEU) on data transfers and new or updated data protection authorities’ guidelines in the EU Member States and the following:

  • right to privacy judgments of 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 and 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
  • transfer of personal data to non-EU/EEA countries, and
  • privacy in the Internet and surveillance age

How this will help you:

Referencing many rulings of European courts, as well as interpretations and guidelines formulated by European data protection authorities, this book will be of great practical value to lawyers, multinational corporations and their customers and contractors. As the global scale and evolution of information technologies have changed the data processing environment and brought in new challenges, and as many non-EU jurisdictions have adopted equivalent regimes or largely analogous regulations, this book will be an indispensable source of practical guidance and information to lawyers and business leaders for many years to come.

Table of Contents

Chapter 1. Subject Matter and Objectives of the GDPR and the Nature of Changes Introduced By It
Direct Applicability of the GDPR
Chapter 2. Definitions of the Right to Privacy
Protection of Personal Data as One Aspect of This Right
Legal Foundations of the Right to Privacy in EU Law
Scope of the Right to Privacy in EU Case Law
Chapter 3. Scope of the GDPR and Protection of Personal Data
Key Definitions
Chapter 4. Key Principles of Personal Data Processing
Chapter 5. Legal Bases for the Processing of Personal Data
Chapter 6. Direct Marketing. Digital Marketing. Cookies and Online Behavioural Advertising.
Chapter 7. Processing of Personal Data of Employees
Chapter 8. Sensitive Data and Criminal Records
Chapter 9. The Obligation to Provide Information on Data Processing. Privacy Notices
Chapter 10. Data Subject Rights: The Rights of Access, Rectification, Erasure (‘Right to Be Forgotten’), Restriction of Processing, Data Portability, and Objection to Processing for Direct Marketing and Profiling
Chapter 11. Data Controller and Joint Controllers
Data Processor
Processor Selection Criteria and Contractual Terms
Chapter 12. Data Protection by Design and by Default
Appropriateness of Data Security Measures in the Context of Risk-Based Approach
Records of Personal Data Processing Activities
Authority to Process Data
Notification of a Personal Data Breach to the Supervisory Authority and Communication to the Data Subject
Data Protection Impact Assessment
Consultation of Effects on Data Protection with a Supervisory Authority
Codes of Conduct and Certification
Chapter 13. Data Protection Officer
Chapter 14. Transfers of Personal Data to Non-EU/EEA Countries
Chapter 15. Privacy in the Internet and Surveillance Age
Technology and Threats to Privacy
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