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Data Protection Law in the EU: Roles, Responsibilities and Liability (Hardcover)
Loot Price: R3,611
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Data Protection Law in the EU: Roles, Responsibilities and Liability (Hardcover)
Series: KU Leuven Centre for IT & IP Law Series, 6
Expected to ship within 12 - 17 working days
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EU data protection law imposes a series of requirements designed to
protect individuals against the risks that result from the
processing of their data. It also distinguishes among different
types of actors involved in the processing, setting out different
obligations for each actor. The most important distinction in this
regard is the distinction between ''controllers'' and
''processors''. Together, these concepts provide the very basis
upon which responsibility for compliance with EU data protection
law is allocated. As a result, both concepts play a decisive role
in determining the potential liability of an organisation under EU
data protection law, including the General Data Protection
Regulation (GDPR).Technological and societal developments have made
it increasingly difficult to apply the controller-processor model
in practice. The main factors are the growing complexity of
processing operations, the diversification of processing, services
and the sheer number of actors that can be involved. Against this
background, this book seeks to determine whether EU data protection
law should continue to maintain the controller-processor model as
the main basis for allocating responsibility and liability.This
book provides its readers with the analytical framework to help
them navigate the intricate relationship of roles, responsibility
and liability under EU data protection law. The book begins with an
in-depth analysis of the nature and role of the controller and
processor concepts. The key elements of each are examined in
detail, as is the associated allocation of responsibility and
liability. The next part contains a historical-comparative
analysis, which traces the origin and development of the
controller-processor model over time. To identify the main problems
that occur when applying the controller-processor model in
practice, a number of real-life use cases are examined (cloud
computing, social media, identity management and search engines).
In the final part, a critical evaluation is made of the choices
made by the European legislature in the context of the GDPR. It is
clear that the GDPR has introduced considerable improvements in
comparison to EU Directive 95/46. In the long run, however, further
changes may well be necessary. By way of conclusion, a number of
avenues for possible improvements are presented.
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