The Gdpr Handbook

The definitive guide for ensuring data privacy and GDPR compliance Privacy regulation is increasingly rigorous around the world and has become a serious concern for senior management of companies regardless of industry, size, scope, and geographic area. The Global Data Protection Regulation (GDPR) imposes complex, elaborate, and stringent requirements for any organization or individuals conducting business in the European Union (EU) and the European Economic Area (EEA)—while also addressing the export of personal data outside of the EU and EEA. This recently-enacted law allows the imposition of fines of up to 5% of global revenue for privacy and data protection violations. Despite the massive potential for steep fines and regulatory penalties, there is a distressing lack of awareness of the GDPR within the business community. A recent survey conducted in the UK suggests that only 40% of firms are even aware of the new law and their responsibilities to maintain compliance. The Data Privacy and GDPR Handbook helps organizations strictly adhere to data privacy laws in the EU, the USA, and governments around the world. This authoritative and comprehensive guide includes the history and foundation of data privacy, the framework for ensuring data privacy across major global jurisdictions, a detailed framework for complying with the GDPR, and perspectives on the future of data collection and privacy practices. Comply with the latest data privacy regulations in the EU, EEA, US, and others Avoid hefty fines, damage to your reputation, and losing your customers Keep pace with the latest privacy policies, guidelines, and legislation Understand the framework necessary to ensure data privacy today and gain insights on future privacy practices The Data Privacy and GDPR Handbook is an indispensable resource for Chief Data Officers, Chief Technology Officers, legal counsel, C-Level Executives, regulators and legislators, data privacy consultants, compliance officers, and audit managers.

Ensure your business or organization is compliant with new legislation with this definitive guide to the EU GDPR regulations.

The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.

The complexities of implementing the General Data Protection Regulation (GDPR) continue to grow as it progresses through new and ever-changing technologies, business models, codes of conduct, and decisions of the supervisory authorities, and the courts. This eminently practical guide to implementing the GDPR – written in an original, problem-solving style by a highly experienced data protection expert with equal knowledge of both law and technology – provides a step-by-step project management approach to building a GDPR-compliant data protection system, assessing, and documenting the risks and then implementing these changes through processes at the operational level. With detailed attention to case law (Member State, ECJ, and ECHR), especially where affecting high-risk areas that have attracted scrutiny, the guidance proceeds systematically through such topics and issues as the following: required documentation, policies, and procedures; risk assessment tools and analysis frameworks; children’s data; employee and health data; international transfers post-Schrems II; data subject rights including the right of access; data retention and erasure; tracking and surveillance; and effects of technologies such as artificial intelligence, biometrics, and machine learning. With its practical examples derived from the author’s experience in building GDPR-compliant software, as well as its analysis of case law and enforcement priorities, this incomparable guide enables company data protection officers and compliance staff to advise on key issues with full awareness of the legal and reputational risks and how to mitigate them. It is also sure to be of immeasurable value to concerned regulators and policymakers at all government levels. “…it's going to be the go to resource for practitioners.” Tom Gilligan, Data Protection Consultant, September 2021 "I purchased this book recently and I’m very glad I did. It’s the textbook I have been waiting for. As someone relatively new to data protection, I was finding it very difficult to find books on the practical side of data protection. This book is very clearly laid out with practical examples and case law given for each topic, which is immensely helpful. I would recommend it to any data protection practitioners." Jennifer Breslin, LLM CIPP/E, AIPP Member

Now in its third edition, this invaluable handbook offers practical solutions to issues arising in relation to data protection law. It is fully updated and expanded to include coverage of all of the significant developments in the practice of data protection, and takes account of the wealth of guidance published by the Information Commissioner since the last edition. The third edition includes new material on the changes to the Commissioner's powers and new guidance from the Commissioner's office, coverage of new cases on peripheral aspects of data protection compliance and examples of enforcement, the new code on CCTV processing, the new employment code, clarification on the definition of "personal data", the binding corporate rules on the exemption to the export data ban and the new ICT set of model contractual provisions for data exports, and the proposed action by the EU against the UK for failing to implement the Data Protection Directive appropriately. There are new chapters on terminology and data security.

GDPR: Personal Data Protection in the European Union Mariusz Krzysztofek Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) (EU) 2016/679. Following the GDPR’s 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 – this book offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers, and rights of data subjects, providing a thorough, up-to-date account of the legal and practical aspects of personal data protection in the EU. Coverage includes the recent Court of Justice of the European Union (CJEU) judgment on data transfers and new or updated data protection authorities’ guidelines in the EU Member States. Among the broad spectrum of aspects of the subject covered are the following: – right to privacy judgments of the CJEU and the European Court of Human Rights; – scope of the GDPR and its key definitions, key principles of personal data processing; – legal bases for the processing of personal data; – direct and digital marketing, cookies, and online behavioural advertising; – processing of personal data of employees; – sensitive data and criminal records; – information obligation & privacy notices; – data subjects rights; – data controller, joint controllers, and processors; – data protection by design and by default, data security measures, risk-based approach, records of personal data processing activities, notification of a personal data breach to the supervisory authority and communication to the data subject, data protection impact assessment, codes of conduct and certification; – Data Protection Officer; – transfers of personal data to non-EU/EEA countries; and – privacy in the Internet and surveillance age. Because the global scale and evolution of information technologies have changed the data processing environment and brought new challenges, and because many non-EU jurisdictions have adopted equivalent regimes or largely analogous regulations, the book will be of great usefulness worldwide. Multinational corporations and their customers and contractors will benefit enormously from consulting and using this book, especially in conducting case law, guidelines and best practices formulated by European data protection authorities. For lawyers and academics researching or advising clients on this area, this book provides an indispensable source of practical guidance and information for many years to come.