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Vol 23 No 11 Nov/Dec 2018

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The EU General Data Protection Regulation (GDPR): A Commentary


ISBN13: 9781787421363
Published: March 2018
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £90.00



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From May 2018, the General Data Protection Regulation 2016/679 (GDPR) replaces the Data Protection Directive 95/46/EC, representing a significant overhaul of data protection law in the European Union.

Applicable to all EU Member States, the GDPR’s relevance spans not only organisations operating within the EU, but also those operating outside the EU.

This commentary, published in association with German Law Publishers, provides a detailed look at the individual articles of the GDPR and is an essential resource aimed at helping legal practitioners prepare for compliance.

Content includes:

  • full text of the GDPR’s articles and recitals;
  • article-by-article commentary explaining the individual provisions and elements of each article;
  • a general introduction to data protection law with a focus on issues such as:
  • how to adapt a compliance management program
  • whether or not to appoint a data protection officer
  • ‘privacy by design’ and ‘privacy by default’
  • the consequences of non-compliance with the GDPR
  • data portability
  • the need for data protection impact assessments
  • a detailed index.
In addition to lawyers and in-house counsel, this book is also suitable for law professors and students, and offers comprehensive coverage of this increasingly important area of data protection legislation.

Subjects:
Data Protection
Contents:
List of abbreviations
List of Recitals of the General Data Protection Regulation
Introduction to the General Data Protection Regulation
1. Introduction
2. The most important compliance steps until the GDPR applies from May 25, 2018
3. Basic terms of the GDPR
4. The scope of the GDPR
4.1 Material scope – What processing activities are covered?
4.2 Personal scope – Who does the GDPR apply to?
4.3 Territorial scope – Where does the GDPR apply?
5. The relationship with national data protection laws
6. The principles relating to the processing of personal data
7. Legal basis requirement for any data processing activity
7.1 Available legal bases
7.2 Requirements for valid consent
8. Information obligations and privacy notices
9. Rights of the data subject
10. Profiling and automated individual decision-making
11. Data protection compliance program
11.1 Organizational measures including data protection strategies
11.2 Technical measures including privacy by design and by default
12. Maintaining a record of processing activities
13. Data protection impact assessment and consultation obligation with supervisory authority
14. Data protection officer
15. Data security
15.1 Mandatory data security measures
15.2 Obligation to notify personal data breaches
16. Mandatory arrangements between joint controllers
17. Obligations in case of outsourcing
18. International data transfers
18.1 Transfers not subject to notification or approval
18.2 Transfers subject to notification
18.3 Transfers subject to approval
19. International jurisdiction of supervisory authorities
20. Administrative fines and other sanctions
21. Civil liability and private enforcement

Text of the General Data Protection Regulation and commentary

Chapter I – General Provisions
Article 1 Subject-matter and objectives
Article 2 Material scope
Article 3 Territorial scope
Article 4 Definitions
Chapter II – Principles
Article 5 Principles relating to processing of personal data
Article 6 Lawfulness of processing
Article 7 Conditions for consent
Article 8 Conditions applicable to child's consent in relation to information society services
Article 9 Processing of special categories of personal data
Article 10 Processing of personal data relating to criminal convictions and offences
Article 11 Processing which does not require identification
Chapter III – Rights of the data subject
Section 1 – Transparency and modalities
Article 12 Transparent information, communication and modalities for the exercise of the rights of the data subject
Section 2 – Information and access to personal data
Article 13 Information to be provided where personal data are collected from the data subject
Article 14 Information to be provided where personal data have not been obtained from the data subject; Article 15 Right of access by the data subject
Section 3 – Rectification and erasure
Article 16 Right to rectification
Article 17 Right to erasure (‘right to be forgotten’)
Article 18 Right to restriction of processing
Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing
Article 20 Right to data portability
Section 4 – Right to object and automated individual decision-making
Article 21 Right to object
Article 22 Automated individual decision-making, including profiling
Section 5 – Restrictions
Article 23 Restrictions
Chapter IV – Controller and processor
Section 1 – General obligations
Article 24 Responsibility of the controller
Article 25 Data protection by design and by default
Article 26 Joint controllers
Article 27 Representatives of controllers or processors not established in the Union
Article 28 Processor
Article 29 Processing under the authority of the controller or processor
Article 30 Records of processing activities
Article 31 Cooperation with the supervisory authority
Section 2 – Security of personal data
Article 32 Security of processing
Article 33 Notification of a personal data breach to the supervisory authority
Article 34 Communication of a personal data breach to the data subject
Section 3 – Data protection impact assessment and prior consultation
Article 35 Data protection impact assessment
Article 36 Prior consultation
Section 4 – Data protection officer
Article 37 Designation of the data protection officer
Article 38 Position of the data protection officer
Article 39 Tasks of the data protection officer
Section 5 – Codes of conduct and certification
Article 40 Codes of conduct
Article 41 Monitoring of approved codes of conduct
Article 42 Certification
Article 43 Certification bodies
Chapter V – Transfers of personal data to third countries or international organisations
Article 44 General principle for transfers
Article 45 Transfers on the basis of an adequacy decision
Article 46 Transfers subject to appropriate safeguards
Article 47 Binding corporate rules
Article 48 Transfers or disclosures not authorised by Union law
Article 49 Derogations for specific situations
Article 50 International cooperation for the protection of personal data
Chapter VI – Independent supervisory authorities
Section 1 – Independent status
Article 51 Supervisory authority
Article 52 Independence
Article 53 General conditions for the members of the supervisory authority
Article 54 Rules on the establishment of the supervisory authority
Section 2 – Competence, tasks and powers
Article 55 Competence
Article 56 Competence of the lead supervisory authority
Article 57 Tasks
Article 58 Powers
Article 59 Activity reports
Chapter VII – Cooperation and consistency
Section 1 – Cooperation
Article 60 Cooperation between the lead supervisory authority and the other supervisory authorities concerned
Article 61 Mutual assistance
Article 62 Joint operations of supervisory authorities
Section 2 – Consistency
Article 63 Consistency mechanism
Article 64 Opinion of the Board
Article 65 Dispute resolution by the Board
Article 66 Urgency procedure
Article 67 Exchange of information
Section 3 – European data protection board
Article 68 European Data Protection Board
Article 69 Independence
Article 70 Tasks of the Board
Article 71 Reports
Article 72 Procedure
Article 73 Chair
Article 74 Tasks of the Chair
Article 75 Secretariat
Article 76 Confidentiality
Chapter VIII – Remedies, liability and penalties
Article 77 Right to lodge a complaint with a supervisory authority
Article 78 Right to an effective judicial remedy against a supervisory authority
Article 79 Right to an effective judicial remedy against a controller or processor
Article 80 Representation of data subjects
Article 81 Suspension of proceedings
Article 82 Right to compensation and liability
Article 83 General conditions for imposing administrative fines
Article 84 Penalties
Chapter IX – Provisions relating to specific processing situations
Article 85 Processing and freedom of expression and information
Article 86 Processing and public access to official documents
Article 87 Processing of the national identification number
Article 88 Processing in the context of employment
Article 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
Article 90 Obligations of secrecy
Article 91 Existing data protection rules of churches and religious associations
Chapter X – Delegated acts and implemented acts
Article 92 Exercise of the delegation
Article 93 Committee procedure
Chapter XI – Final provisions
Article 94 Repeal of Directive 95/46/EC
Article 95 Relationship with Directive 2002/58/EC
Article 96 Relationship with previously concluded
Agreements Article 97 Commission reports
Article 98 Review of other Union legal acts on data protection
Article 99 Entry into force and application
Keyword Index