
GDPR: Personal Data Protection in the European Union
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Content
- Intro
- Half-Title Page
- Title Page
- Copyright Page
- About the Author
- 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.
- §1.01 SUBJECT MATTER AND OBJECTIVES OF THE GPDR AND THE NATURE OF CHANGES INTRODUCED BY IT
- §1.02 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
- §2.01 DEFINITIONS OF THE RIGHT TO PRIVACY
- PROTECTION OF PERSONAL DATA AS AN ASPECT OF THIS RIGHT
- §2.02 LEGAL FOUNDATIONS OF THE RIGHT TO PRIVACY IN THE EU
- §2.03 THE SCOPE OF THE RIGHT TO PRIVACY IN EUROPEAN CASE LAW
- §2.04 THE IMPORTANCE OF PERSONAL DATA PROTECTION FOR THE RIGHT TO PRIVACY
- Chapter 3 Scope of the GDPR and Protection of Personal Data
- Key Definitions
- §3.01 SCOPE OF ENTITIES COVERED
- §3.02 MATERIAL SCOPE
- §3.03 EXCLUSIONS FROM THE SCOPE OF THE GDPR
- §3.04 PROCESSING OF DATA FOR PERSONAL OR HOUSEHOLD PURPOSES AS AN EXEMPTION FROM THE MATERIAL SCOPE OF THE GDPR
- §3.05 TERRITORIAL SCOPE
- §3.06 KEY DEFINITIONS
- [A] Personal Data
- [1] Personal Data as Information on Natural Persons
- [a] Data of Natural Persons Acting on Behalf of Legal Persons
- [b] Data of Sole Proprietors
- [c] Personal Data of Deceased Persons
- [2] Identifiability of a Natural Person as the Qualifying Criterion of Information as Personal Data
- [a] Direct or Indirect Identifiability of a Data Subject
- [b] Scope of Personal Data
- [c] Telephone Number, E-mail Address and IP Number as Personal Data
- [B] Anonymisation and Pseudonymisation
- [C] Filing System
- [D] Data Processing
- Chapter 4 Key Principles of Personal Data Processing
- §4.01 PRIMACY OF THE PRINCIPLES OF PERSONAL DATA PROCESSING
- §4.02 LAWFULNESS, FAIRNESS AND TRANSPARENCY PRINCIPLE
- §4.03 PURPOSE LIMITATION PRINCIPLE
- §4.04 DATA MINIMISATION PRINCIPLE
- §4.05 ACCURACY PRINCIPLE
- §4.06 STORAGE LIMITATION PRINCIPLE
- §4.07 ERASURE OF DATA FROM BACKUP COPIES
- Chapter 5 Legal Bases for the Processing of Personal Data
- §5.01 GENERAL REMARKS
- §5.02 PROCESSING OF DATA UNDER CONSENT OF THE DATA SUBJECT
- [A] Consent of the Data Subject
- [B] Conditions for Valid Consent
- [C] Validity of Consent Obtained Prior to the GDPR Application Date
- [D] Form of Expressing Consent
- [E] Withdrawing Consent
- [F] A Child's Consent for the Provision of Information Society Services
- §5.03 PROCESSING OF DATA FOR THE CONCLUSION OR PERFORMANCE OF A CONTRACT
- §5.04 PROCESSING OF DATA FOR COMPLIANCE WITH A LEGAL OBLIGATION
- §5.05 PROCESSING OF DATA FOR PROTECTION OF VITAL INTERESTS
- §5.06 PROCESSING OF DATA IN THE PUBLIC INTEREST
- §5.07 PROCESSING OF PERSONAL DATA FOR THE LEGITIMATE INTERESTS OF THE DATA CONTROLLER
- Chapter 6 Direct Marketing. Digital Marketing. Cookies and Online Behavioural Advertising.
- §6.01 THE SCOPE AND DEFINITION OF DIRECT MARKETING AND DIGITAL MARKETING
- §6.02 RIGHT TO OPT OUT OF DIRECT MARKETING
- §6.03 DIGITAL MARKETING IN DIRECTIVE 2002/58/EC
- [A] The Specific Direct Marketing Communication Channels
- [1] Postal Marketing
- [2] Direct Telephone Marketing: 'Live' Calls and Automated Calling Systems
- [3] Direct Marketing by Electronic Mail (Including E.g., E-mails and SMS and MMS Messages)
- [4] Location-Based Marketing
- [5] The Targeting of Social Media Users
- §6.04 COOKIES AND ONLINE BEHAVIOURAL ADVERTISING
- Chapter 7 Processing of Personal Data of Employees
- §7.01 AN EMPLOYEE'S CONSENT AS A BASIS FOR PROCESSING HIS OR HER PERSONAL DATA IN EMPLOYMENT RELATIONSHIPS
- §7.02 SURVEILLANCE OF THE EMPLOYEES' ACTIVITIES
- §7.03 THE DATA MINIMISATION PRINCIPLE IN THE EMPLOYMENT CONTEXT
- Chapter 8 Sensitive Data and Criminal Records
- §8.01 SENSITIVE DATA
- §8.02 PERSONAL DATA RELATING TO CRIMINAL CONVICTIONS AND OFFENCES
- Chapter 9 The Obligation to Provide Information on Data Processing. Privacy Notices
- §9.01 BASIS OF THE INFORMATION OBLIGATION
- THE SCOPE OF PRIVACY NOTICES
- §9.02 THE RELATIONSHIP BETWEEN THE INFORMATION ON PROCESSING AND THE LAWFULNESS OF PROCESSING
- §9.03 SCOPE OF THE INFORMATION REQUIRED
- §9.04 CIRCUMSTANCES GIVING RISE TO THE INFORMATION OBLIGATION
- §9.05 EXEMPTIONS FROM THE INFORMATION OBLIGATION
- §9.06 MANNERS OF PERFORMING THE INFORMATION OBLIGATION
- TRANSPARENCY PRINCIPLE
- 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
- §10.01 PROCESSING WHICH DOES NOT REQUIRE IDENTIFICATION: EFFECT ON THE RIGHTS OF DATA SUBJECTS
- §10.02 LEGAL BASES AND SCOPES OF DATA SUBJECTS' RIGHTS
- §10.03 RIGHT OF ACCESS TO DATA
- §10.04 RIGHT TO RECTIFICATION OF DATA
- §10.05 THE RIGHT TO ERASURE (THE RIGHT TO BE FORGOTTEN')
- [A] The Right to Erasure (The 'Right to Be Forgotten'): The Nature, Scope and Conditions
- [B] Informing Subsequent Controllers of the Data Erasure Request
- [C] Exemptions from the Obligation to Erase Data
- [D] 'Right to Be Forgotten' of Company Board Members Whose Personal Data Have Been Entered in Public Registers
- [E] 'Right to be Forgotten' on the Internet as Illustrated by the Judgment of the Court of Justice of the EU of 13 May 2014 in Case C-131/12
- [F] Ensuring the Effectiveness of the 'Right to Be Forgotten' on the Internet
- §10.06 RIGHT TO RESTRICTION OF PROCESSING
- §10.07 RIGHT TO DATA PORTABILITY
- §10.08 RIGHT TO OBJECT TO DATA PROCESSING ON GROUNDS RELATING TO THE PARTICULAR SITUATION OF THE DATA SUBJECT OR TO OBJECT TO DATA PROCESSING FOR THE PURPOSES OF DIRECT MARKETING, INCLUDING PROFILING
- §10.09 PROFILING FOR MARKETING OR RISK ASSESSMENT AND OTHER AUTOMATED DECISIONS
- §10.10 RESTRICTIONS OF DATA SUBJECTS' RIGHTS FOR PUBLIC INTEREST
- Chapter 11 Data Controller and Joint Controllers
- Data Processor
- Processor Selection Criteria and Contractual Terms
- §11.01 GENERAL REMARKS
- §11.02 DATA CONTROLLER
- §11.03 JOINT CONTROLLERS
- §11.04 DATA PROCESSOR. PROCESSOR SELECTION CONDITIONS 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
- §12.01 DATA PROTECTION BY DESIGN AND BY DEFAULT
- §12.02 APPROPRIATENESS OF DATA SECURITY MEASURES IN THE CONTEXT OF RISK-BASED APPROACH
- §12.03 RECORDS OF PERSONAL DATA PROCESSING ACTIVITIES
- §12.04 AUTHORITY TO PROCESS DATA
- §12.05 NOTIFICATION OF A PERSONAL DATA BREACH TO THE SUPERVISORY AUTHORITY AND COMMUNICATION TO THE DATA SUBJECT
- §12.06 DATA PROTECTION IMPACT ASSESSMENT
- §12.07 CODES OF CONDUCT AND CERTIFICATION
- Chapter 13 Data Protection Officer
- §13.01 CRITERIA FOR THE OBLIGATION TO DESIGNATE A DPO. CORE ACTIVITIES OF THE CONTROLLER OR THE PROCESSOR. LARGE SCALE OF PROCESSING
- §13.02 DPO FOR A CORPORATE GROUP
- §13.03 PROFESSIONAL QUALITIES OF A DPO
- §13.04 STATUS OF THE DPO
- POSITION IN THE STRUCTURE AND AUTONOMY
- §13.05 TASKS OF THE DPO
- Chapter 14 Transfers of Personal Data to Non-EU/EEA Countries
- §14.01 LEGAL BASIS AND RULES GOVERNING TRANSFERS OF PERSONAL DATA FROM THE EU/EEA TO THIRD COUNTRIES
- [A] Definition of Third Countries
- [B] Definition of Transfer of Personal Data
- [C] Definition of Data Recipient
- [D] Exclusion of the Applicability of EU Law to a Return of Data to Their Controller in a Third Country
- [E] Putting Personal Data on a Website as an Exception to the Rules on Transfer of Data to Third Countries
- §14.02 ADEQUATE LEVEL OF PROTECTION AS A REQUIREMENT FOR TRANSFER OF PERSONAL DATA FROM THE EU
- [A] Definition of an Adequate Level of Protection of Personal Data
- [B] Brexit
- [C] Criteria of Assessment of the Level of Protection Afforded by a Third Country
- §14.03 EXCLUSIONS FROM THE PROHIBITION TO TRANSFER PERSONAL DATA TO THIRD COUNTRIES WHICH DO NOT ENSURE AN ADEQUATE LEVEL OF PROTECTION
- [A] The CJEU's Judgment of 16 July 2020 in Case C-311/18 Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems ('Schrems II'): SCCs and BCRs Remain Valid. EDPB's Recommendations 01/2020 on Measures That Supplement Transfer Tools to Ensure Compliance with the EU Level of Protection of Personal Data.
- [B] Binding Corporate Rules
- [C] Standard Data Protection Clauses
- §14.04 DEROGATIONS FROM THE PROHIBITION TO TRANSFER PERSONAL DATA TO THIRD COUNTRIES WHICH DO NOT ENSURE ADEQUATE PROTECTION
- [A] Definition of Derogations
- [B] Data Subject's Consent
- [C] Performance of a Contract or Pre-contractual Measures
- [D] Important Reasons of Public Interest
- [E] Establishment, Exercise or Defence of Legal Claims
- [F] Protection of Vital Interests in the Event of Incapability to Give Consent
- [G] Public Registers
- [H] Transfer of Data to a Third Country Despite Non-compliance with the Conditions. Legitimate Interest
- §14.05 AUTHORISATION BY A SUPERVISORY AUTHORITY FOR A TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES WHICH DO NOT ENSURE ADEQUATE PROTECTION
- §14.06 TRANSFERRING PERSONAL DATA FROM THE EU TO THE US
- [A] European Commission Decisions on Adequate Level of Protection as the Legal Basis for EU-US Data Transfers
- [B] CJEU Judgment of 6 October 2015 in Case C-362/14 Maximilian Schrems v. Data Protection Commissioner, Invalidating Safe Harbour
- Other Criticism of Safe Harbour
- [C] Change of Legal Basis for EU-US Data Transfers: Invalidation of Safe Harbour, Adoption of EU-US Privacy Shield
- [D] Invalidation of EU-US Privacy Shield as a Legal Basis for Transferring Data from the EU to the US. And Now What?
- [E] EU-US Agreement on the Transfer of Financial Messaging Data in the SWIFT System
- [F] The US Foreign Account Tax Compliance Act
- §14.07 PASSENGER NAME RECORD DATA
- §14.08 THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018 AND THE PATCHWORK' PRIVACY SYSTEM IN THE US
- Chapter 15 Privacy in the Internet and Surveillance Age
- Technology and Threats to Privacy
- §15.01 TECHNOLOGY CHALLENGES TO PRIVACY PROTECTION
- §15.02 INTRUSION UPON PRIVACY AS THE PRICE TO BE PAID FOR SECURITY AND AVAILABILITY OF SERVICES
- §15.03 CONCLUSIONS
- EUROPEAN MONOGRAPH SERIES
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