The EU general data protection regulation (GDPR) : a commentary

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書誌事項

The EU general data protection regulation (GDPR) : a commentary

Lukas Feiler, Nikolaus Forgó, Michaela Weigl

Globe Law and Business, c2018

大学図書館所蔵 件 / 全5件

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

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 personaldata 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 protectionboard 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

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