Data Protection and Data Transfers Law


Book Description

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.




The Data Protection, Privacy and Electronic Communications (Amendment Etc. ) (EU Exit) Regulations 2019


Book Description

Enabling power: European Union (Withdrawal) Act 2018, ss. 8 (1), 23 (1), sch. 4, para. 1 (1), sch. 7, para. 21 & & Data Protection Act 2018, s. 211 (2) & European Communities Act 1972, s. 2 (2)Issued: 17.01.2019. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1 (2) (3). Effect: 1974 c. 39; 1983 c. 54; 1984 c. 24; 1989 c. 44; 1999 c. 33; 2000 c. 36; 2001 c. 3 (N.I.), c. 24; 2002 asp 13; 2003 asp 13; 2013 c. 22; 2015 c. 26; 2016 c. 25; 2018 c. 12, 16; 2018 asp 9; S.I. 1976/1213 (N.I. 22); 1993/1813; 1994/1405; 1999/677, 3145; 2001/341, 497, 2188; 2002/253, 2013; 2003/2426, 2818; 2004/3391; 2005/41, 1437, 2042, 3595; 2007/236, 1118; 2008/1741, 3239 (W. 286); 2009/3157; 2010/231, 2977; 2011/1942 (W. 209); 2012/1917, 2031; 2013/373; 2015/1945; 2016/696; 2017/692 & S.S.I. 2003/581; 2004/520; 2005/494; 2007/170, 264; 2009/440; 2015/425, 1945 & S.R. 2007/43; 2008/3; 2009/225; 2016/123 amended. Territorial extent & classification: E/W/S/NI. This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 19th December 2018 and published on 20th December 2018 (ISBN 9780111177594). It is being issued free of charge to all known recipients of that draft Statutory Instrument. For approval by resolution of each House of Parliament. EC note: These Regulations are made in order to address failures of retained EU law. Revokes 18 EC Regulations and Decisions




Privacy and Data Protection Law in United Kingdom


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in United Kingdom covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction about the country, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including national case law regarding the protection of this fundamental right, specific legislation on the confidentiality of interpersonal communications, and sector-specific rules regarding privacy protection, such as privacy rights of employees, patients, consumers or celebrities; (2) personal data protection, including not only general rules on data quality, legitimate processing, data retention, data subject rights, security and accountability, but also specific provisions regarding the processing of health data or other sensitive personal information, further processing for research purposes, exemptions for law enforcement or national security purposes, and rules regarding liabilities, sanctions and redress.




The Data Protection, Privacy and Electronic Communications (Amendments Etc) (EU Exit) Regulations 2019


Book Description

Enabling power: European Union (Withdrawal) Act 2018, ss. 8 (1), 23 (1), sch. 4, para. 1 (1), sch. 7, para. 21 & Data Protection Act 2018, s. 211 (2) & European Communities Act 1972, s. 2 (2). Issued: 08.03.2019. Sifted: -. Made: 28.02.2019. Laid: -. Coming into force: In accord. with reg. 1 (2) (3). Effect: 1974 c. 39; 1983 c. 54; 1984 c. 24; 1989 c. 44; 1999 c. 33; 2000 c. 36; 2001 c. 3 (N.I.); 2001 c. 24; 2002 asp 13; 2003 asp 22; 2013 c. 13; 2015 c. 26; 2016 c. 25; 2018 c. 12; 2018 asp 9 & S.I. 1976/1213 (N.I. 22); 1993/1813; 1994/1405; 1999/677, 3145; 2001/341, 497, 2188; 2002/253, 2013; 2003/2426; 2003/2818; 2004/3391; 2005/41, 1437, 2042, 3595; 2007/236, 1118; 2008/1741, 3239 (W. 286); 2009/3157; 2010/231, 2977; 2011/1942 (W. 209); 2012/1917, 2031; 2013/373; 2015/1945; 2016/696 & S.S.I. 2003/581; 2004/520; 2005/494; 2007/170, 264; 2009/440; 2015/425 & S.R. 2007/43; 2008/3; 2009/225; 2016/123; 2017/692 amended. Territorial extent & classification: E/W/S/NI. General. EC note: Commission Decision 2000/518/EC; 2001/497/EC; 2002/2/EC; 2003/490/EC; 2003/821/EC; 2004/411/EC; 2004/915/EC; 2008/393/EC; 2010/87/EU; 2010/146/EU; 2010/625/EU; 2011/61/EU; Commission Implementing Decision 2012/484/EU; 2013/65/EU; (EU) 2016/1250; (EU) 2016/2295; (EU) 2016/2297; Regulation (EU) 2018/1725; Annex to EEA Agreement revoked in so far as they are retained EU Law




GDPR and Biobanking


Book Description

Part I Setting the scene -- Introduction: Individual rights, the public interest and biobank research 4000 (8) -- Genetic data and privacy protection -- Part II GDPR and European responses -- Biobank governance and the impact of the GDPR on the regulation of biobank research -- Controller' and processor's responsibilities in biobank research under GDPR -- Individual rights in biobank research under GDPR -- Safeguards and derogations relating to processing for archiving purposes in the scientific purposes: Article 89 analysis for biobank research -- A Pan-European analysis of Article 89 implementation and national biobank research regulations -- EEA, Switzerland analysis of GDPR requirements and national biobank research regulations -- Part III National insights in biobank regulatory frameworks -- Selected 10-15 countries for reports: Germany -- Greece -- France -- Finland -- Sweden -- United Kingdom -- Part IV Conclusions -- Reflections on individual rights, the public interest and biobank research, ramifications and ways forward. .




Data and Private Law


Book Description

This collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.




Financial Regulation and Technology


Book Description

This important book analyses recurring issues within financial services regulation relevant to the use of technology, at a time when competition is moving towards greater use of technology in the financial services sector. Iain Sheridan assumes no advanced knowledge of computers and related technology topics, but where necessary encapsulates the essential aspects to offer a comprehensive yet accessible guide to the regulation of finance and technology.




Cornerstone on Social Housing Fraud


Book Description

In response to social housing fraud, the Government introduced the Prevention of Social Housing Fraud Act 2013, which made sub-letting and parting with possession of social lets a specific criminal offence and granted local authorities the power to prosecute those who had acted in such a manner. Not only can offenders be jailed, but they can also be fined and ordered to pay an unlawful profit order, thus opening up a revenue opportunity to cash-strapped social landlords. Social housing fraud is an important and high profile issue. This title provides a thorough overview of this regime and how local authorities can maximise their chances of recovering possession of properties affected by fraud, obtaining 'compensation' and securing a conviction, including techniques for effective evidence gathering. Topics covered, include: - Possession action in the county court - Sub-letting/parting with possession - Investigation powers - Criminal offences and procedure - Civil remedies - GDPR and the Data Protection Act 2018 For ease of reference, relevant primary and secondary legislation has been included within the appendices, which also includes templates for: Particulars of Claim (county court), Complaint (magistrates' court) Notice to Quit and Notice Seeking Possession. There is also a useful landlord checklist, to ensure nothing has been overlooked during what can be a complex process.




Doing Business After Brexit


Book Description

On 31st December 2020, the Brexit transition period ended and the new EU-UK partnership began. The second edition discusses the new EU-UK partnership, and the related agreements, looking at the effect these will have on businesses trading with the EU. The book then looks at each area pertinent to running a business and looks at the related advantages and disadvantages that arise from Brexit, e.g. the Brexit Trade and Cooperation Agreement, a new points-based immigration system, and customs and VAT rules on imports and exports. This title is included in Bloomsbury Professional's Company and Commercial Law online service.




The Transfer of Personal Data from the European Union to the United Kingdom post-Brexit


Book Description

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.