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Vol 25 No 1 Jan/Feb 2020

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Guide to the General Data Protection Regulation: A Companion to the 4th ed of Data Protection Law and Practice

ISBN13: 9780414061019
New Edition ISBN: 9780414069299
Published: February 2017
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £210.00

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Rosemary Jay on the Guide to the General Data Protection Regulation: A Companion to the 4th ed of Data Protection Law and Practice provides comprehensive coverage on the new EU General Data Protection Regulation and commentary on how it is expected to apply at the UK national level.

The key and sole focus of this companion to the main work is the General Data Protection Regulation. As a companion to Data Protection Law and Practice this title will follow the same structure referring to the Main Work whilst still providing a detailed and stand alone account of the most significant development in UK Data Protection law since the 1998 Act itself.

Main Features:-

  • Covers the EU General Data Protection Regulation 2016/679, the new legal landscape arising from it and how it is expected to apply at a national level
  • Details the structure and scope of the Regulation, including the extended territorial reach
  • Reviews the new legal obligations on data processors and affecting processor contracts and the impact of these changes on contractual arrangements
  • Examines the new and expanded definitions, including personal data, profiling, pseudonymisation, filing system, consent, enterprise, and group of undertakings
  • Analyses the novel significant obligations on data controllers and data processors, including breach notification and the extended rights of individuals
  • Explains the extensive powers of regulators, including the ability to impose very significant fines and mandatory orders on a pan-EU basis
  • Examines in depth the wording of the “One Stop Shop” and the role of the European Data Protection Board
  • Places the new rules in the broader current context, including discussion of the Schrems decision and the US/EU Privacy Shield

Data Protection
History and Context
Interpretation and the case law of the CJEU
Main Definitions, Scope and Territorial Application
Grounds for the processing of data and sensitive personal data
Principles 1 – 6 and issues common to the exercise of individual rights under Principle 6
Security obligations and the use of data processors
Overseas or cross-border transfers of data
Notification; The Commissioner
Subject access
Rights to prevent processing
Rights in relation to automated decisions
Accuracy of personal data, compensation and individual remedies
Exemptions for national security, the prevention and detection of crime, regulatory purposes and taxation
Exemptions for personal and family information, health and social work, employment and schools
Freedom of expression and exemptions for special (journalistic) purposes
Civil enforcement powers of the Commissioner
Criminal offences, warrants and prosecutions
Monitoring of communications, interception and access to encrypted data
First Tier Tribunal and Upper Tribunal