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Vol 24 No 5 May/June 2019

Book of the Month

Cover of Remedies for Torts, Breach of Contract, and Equitable Wrongs

Remedies for Torts, Breach of Contract, and Equitable Wrongs

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GDPR: General Data Protection Regulation 2nd ed (EU) 2016/679: Post-Reform Personal Data Protection in the European Union

ISBN13: 9789403505947
Previous Edition ISBN: 9789041162373
Published: January 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £123.00

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GDPR: General Data Protection Regulation (EU) 2016/679 is a comprehensive commentary in the market on the post-reform personal data protection in the European Union (EU).

The book offers an extensive discussion of all principles of personal data processing, obligations of data controllers and processors and rights of data subjects. It gives a broad account of the legal and practical aspects of the EU personal data protection law following its 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.

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 GDPR.

GDPR is applicable directly in all Member States, providing for the unification of data protection rules within the EU. However, it poses a problem in enabling international trade and data transfers outside the EU between economies which have different data protection models in place.

What’s in this book:

Among the broad spectrum of aspects of the subject covered are the following:

  • summary of the changes introduced by the GDPR;
  • new territorial scope;
  • key principles of personal data processing;
  • legal bases for the processing of personal data;
  • marketing, cookies and profiling;
  • new information clauses;
  • new Subject Access Requests (SARs), including the ‘right to be forgotten’ on the Internet, the right to data portability and the right to object to profiling;
  • new data protection by design and by default;
  • benefits from implementing a data protection certificate; and
  • data transfers outside the EU, including binding corporate rules, standard contractual clauses and special features of EU–US arrangements.
How this will help you:

Because of the increasing legal certainty in this area guaranteed by the GDPR, multinational corporations and their customers and contractors will benefit enormously from consulting and using this book. For practitioners and academics, researching or advising clients in this area, and government policy advisors, this book provides an indispensable source of guidance and information for many years to come. Referencing many rulings of European courts, as well as interpretations and guidelines formulated by European data protection authorities, examples and best practices, makes this book of great practical value to lawyers and business leaders.

Data Protection
About the Author
Scope of the Book. Impact of the GDPR on Member State National Personal Data Protection Laws
Chapter 1
Subject Matter and Objectives of the GDPR and the Nature of Changes Introduced By It; Direct Applicability of the GDPR; The Right to Protection of Personal Data as a Fundamental Right; The Context of Personal Data Protection in the European Union; International Models of Personal Data Protection; Update of the Council of Europe Convention No.
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 European Union Law; Scope of the Right to Privacy in European Union Case Law
Chapter 3
Scope of Protection of Personal Data and Key Definitions
Chapter 4
Key Principles of Personal Data Processing
Chapter 5
Legal Bases for the Processing of Personal Data
Chapter 6
Processing of Personal Data of Employees
Chapter 7
Sensitive Data and Criminal Records
Chapter 8
The Obligation to Provide Information on Data Processing. Privacy Notices
Chapter 9
The Rights of Access, Rectification, Erasure (‘Right to Be Forgotten’), Restriction of Processing, Data Portability, and Objection to Processing for Direct Marketing and Profiling (Subject Access Requests, Data Subject Rights)
Chapter 10
Data Controller and Joint Controllers; Data Processor; Processor Selection Criteria and Contractual Terms
Chapter 11
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 12
Data Protection Officer (DPO)
Chapter 13
Transferring Personal Data to Non-EU/EEA Countries
Chapter 14
Privacy in the Internet Age; Technology and Threats to Privacy