Data Transfer Between The European Union And Third Countries Legal Options For Data Controllers And Data Processors In A Post Brexit Britain
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Data Transfer Between The European Union And Third Countries Legal Options For Data Controllers And Data Processors In A Post Brexit Britain
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Author : Guido Reinke
language : en
Publisher: Professional
Release Date : 2019-10-31
Data Transfer Between The European Union And Third Countries Legal Options For Data Controllers And Data Processors In A Post Brexit Britain written by Guido Reinke and has been published by Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-31 with Law categories.
This Blue Paper is a new notion in concept papers. It provides robust legal options for data professionals and policy options for law-makers on data transfers between the EU and third countries. In particular, it outlines the UK's post-Brexit options. It is best guidance for professionals, politicians, scholars, and all who wish to glean more insight into how Brexit will likely change the UK's existing data protection framework. What readers will find in this Blue Paper will empower them to assess their real situation and conceptualise practical solutions.
The Transfer Of Personal Data From The European Union To The United Kingdom Post Brexit
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Author : Leonie Wittershagen
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2022-12-05
The Transfer Of Personal Data From The European Union To The United Kingdom Post Brexit written by Leonie Wittershagen and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-05 with Law categories.
The transfer of personal data to the UK raises a multitude of data protection law issues and opens up the view of the key challenges of global data exchange. The study contains an overall view of the regulations on third country transfers under the GDPR and the current state of regulation in the UK. It provides an assessment as to whether and to what extent the UK provides an adequate level of protection within the meaning of the GDPR for personal data transferred from the EU and whether the EU Commission's adequacy decision under the GDPR is compliant with the CJEU’s relevant case law. The examination of the UK’s data protection law as well as the regulations of the Investigatory Power Act and the extensive onward transfer practice to the USA form a main focus of the study. The alternative data transfer mechanisms and bases (Articles 46, 47 and 49 GDPR) are (also) examined with regard to their practicability for companies. The study also looks at relevant emerging developments and the wider context of the third country regimes of the EU’s data protection regime.
Data Localization Laws And Policy
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Author : W. Kuan Hon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017
Data Localization Laws And Policy written by W. Kuan Hon and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Cloud computing categories.
Countries are increasingly introducing data localization laws, threatening digital globalization and inhibiting cloud computing adoption despite its acknowledged benefits. This multi-disciplinary book analyzes the EU restriction (including the Privacy Shield and General Data Protection Regulation) through a cloud computing lens, covering historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data, and control of access to data through security.
Data Protection And Digital Sovereignty Post Brexit
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Author : Edoardo Celeste
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-09-07
Data Protection And Digital Sovereignty Post Brexit written by Edoardo Celeste and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-07 with Law categories.
One of the promises of Brexit was to allow the UK to regain its legislative sovereignty from the EU. However, after Brexit, UK data protection law must remain in line with EU standards in order not to lose the adequacy status that allows personal data to be transferred from the EU. This circumstance generates tensions between the EU, which is committed to preserving its digital sovereignty by ensuring an adequate protection of personal data even beyond its borders, and the UK's ambition to become a champion of the digital economy by adopting an innovative and pro-business legislation in the digital field. The book analyses the latest legal and policy developments in this context, focusing on data protection but also exploring its intersection with other related regulatory areas, such as artificial intelligence and online safety. Renowned international experts contextualise current regulatory trends and policy proposals to understand whether a new UK model in the field of digital regulation is emerging and to what extent this will exacerbate existing tensions between the UK and the EU. The book includes an accessible and detailed analysis of the major judicial decisions, laws, and current bills offering an invaluable guide to academics, practitioners, and policymakers navigating the complex issues of cross-border data protection post-Brexit.
Data Protection And Data Transfers Law
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Author : Paul Lambert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-02-13
Data Protection And Data Transfers Law written by Paul Lambert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-13 with Law categories.
This title brings together the different aspects of the transfer landscape and outlines the separate rules, all in one accessible place. Data transfers (under data protection rules) are one of the most discussed areas of data protection, and are currently undergoing significant change. Data transfers are relied on as an essential function of national and international trade, business, and internet use. It is essential for practitioners to keep abreast of the new data transfer rules and changes for their clients. Following on from Brexit, professionals now have more than one set of transfer rules to comply with, including: - The different data transfer channels - New Adequacy Decision - New Standard Contract rules - New UK Contract rules - Consultation process on future laws - New proposed UK data laws - Data law and data transfer changes - Practical and commercial considerations There are more UK data transfer channels and rules to consider now than at any time previously. The UK data transfer regime is now more complex than the EU data transfer regime, necessitating significant extra diligence by commercial entities. This book is designed to assist UK and international law professionals, in-house data protection professionals and a wide range of other interested readers on the increasingly complex area of data rules. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
Data Protection Privacy
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Author : Monika Kuschewsky
language : en
Publisher: Sweet & Maxwell
Release Date : 2012
Data Protection Privacy written by Monika Kuschewsky and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Governing Cross Border Data Flows
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Author : Svetlana Yakovleva
language : en
Publisher: Oxford University Press
Release Date : 2024-02-27
Governing Cross Border Data Flows written by Svetlana Yakovleva and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-27 with Law categories.
Governing Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, Yakovleva examines the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for the further research necessary to design a fully-fledged reform proposal of the EU framework for the transfer of personal data outside the European Economic Area.
None Of Your Business
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Author : Peter P. Swire
language : en
Publisher: Rowman & Littlefield
Release Date : 2010-12-01
None Of Your Business written by Peter P. Swire and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-01 with Business & Economics categories.
The historic European Union Directive on Data Protection will take effect in October 1998. A key provision will prohibit transfer of personal information from Europe to other countries if they lack “adequate” protection of privacy. If enforced as written, the Directive could create enormous obstacles to commerce between Europe and other countries, such as the United States, that do not have comprehensive privacy statutes. In this book, Peter Swire and Robert Litan provide the first detailed analysis of the sector-by-sector effects of the Directive. They examine such topics as the text of the Directive, the tension between privacy laws and modern information technologies, issues affecting a wide range of businesses and other organizations, effects on the financial services sector, and effects on other prominent sectors with large transborder data flows. In light of the many and significant effects of the Directive as written, the book concludes with detailed policy recommendations on how to avoid a coming trade war with Europe. The book will be of interest to the wide range of individuals and organizations affected by the important new European privacy laws. More generally, the privacy clash discussed in the book will prove a major precedent for how electronic commerce and world data flows will be governed in the Internet Age.
European Data Privacy Law And Online Business
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Author : Christopher Kuner
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
European Data Privacy Law And Online Business written by Christopher Kuner and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
EU data protection law is of great practical relevance for any company doing business in today's global information economy. This book provides a detailed and practical exposition of European data protection law in the context of the issues that arise in electronic commerce and dataprocessing. It analyses the relevant EU legislation and case-law, and makes particular reference to the EU Data Protection Directives as well as to the national regulatory systems in Europe and the US. Numerous examples are taken from practice, and advice is given on how the relevant data protectionlaws apply to and impact upon business in Europe, the US, and worldwide. Beginning with a detailed description of the legislative process, the book goes on to discuss the basic legal concepts underlying data protection law. It then focuses on how to determine whether EU law applies to particular electronic commerce and online activities, and how to transfer personal dataoutside Europe so as to comply with EU law. The book also includes a comprehensive analysis of how to deal with complex compliance challenges, including notification of databases, processing of employee data, privacy policies, and website compliance and standardization. The key legislative texts needed to deal with complex data protection issues are included in the appendices, along with forms and precedents, contact information for data protection authorities, and links to useful websites. The book is fully up-to-date with the amendments to the TelecommunicationsData Protection Directive passed in the summer of 2002.
Reality And Illusion In Eu Data Transfer Regulation Post Schrems
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Author : Christopher Kuner
language : en
Publisher:
Release Date : 2017
Reality And Illusion In Eu Data Transfer Regulation Post Schrems written by Christopher Kuner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
The judgment of the Court of Justice of the European Union in Schrems v. Data Protection Commissioner, in which the Court invalidated the EU-US Safe Harbour arrangement, is a landmark in EU data protection law. The judgment affirms the fundamental right to data protection in the context of international data transfers, defines an adequate level of data protection, and illustrates how data protection rights under EU law can apply to data processing in third countries. It also raises questions about the status of other legal bases for international data transfers under EU law, and shows that many legal disputes concerning data transfers are essentially political arguments in disguise. The Schrems judgment illustrates the tendency of EU data protection law to focus on legalistic mechanisms to protect data transfers rather than on protection in practice. The EU and the US have since agreed on a replacement for the Safe Harbour (the EU-US Privacy Shield), the validity of which will likely be tested in the Court of Justice. Regulation of data transfers needs to go beyond formalistic measures and legal fictions, in order to move from illusion to reality.