European Data Protection Law: Corporate Regulation and Compliance / Edition 2

by Christopher Kuner

Overview

The new edition of this acclaimed book gives a fully updated overview of European data protection law affecting companies, incorporating the important legal developments which have taken place since the last edition was published. These include the first three cases of the European Court of Justice interpreting the EU Data Protection Directive (95/46), the Commission's first report on the implementation of the Directive, the Data Retention Directive, new developments in international data transfers, conflicts between security requirements and data protection, and the implementation of the Electronic Communications and Privacy Directive 2002/58 in the Member States. It also covers the recent European Court of Justice decision on the controversial export of airline passenger data to the US, and expands its European overview to include the new and acceding Member States.

The book contains comprehensive coverage of data protection law, while at the same time providing pragmatic guidance on the typical compliance issues that companies face. As globalization of the world economy continues, an increasing number of business issues with data protection implications have come to the foreground, for example, outsourcing, whistleblower hotlines and records management, all of which are covered in the book. The appendices have been expanded to include most sources which a company will need, such as the texts of relevant directives, the safe harbor principles and FAQs, and charts of implementation in the Member States of specific provisions of interest to business.European Data Protection Law is a single reference source for companies faced with data protection issues.

Product Details

ISBN-13:	9780199283859
Publisher:	Oxford University Press
Publication date:	04/09/2007
Edition description:	REV
Pages:	592
Product dimensions:	9.30(w) x 6.00(h) x 1.40(d)

About the Author

Christopher Kuner is Partner in the Brussels office of Hunton & Williams. He specializes in global data protection and e-commerce practices and is Chairman of the International Chamber Commerce (ICC) Data Protection Task Force.

Table of Contents

1. European data protection law and institutionsA. IntroductionB. EU InstitutionsC. EU Member States AuthoritiesD.Regulatory InstrumentsE. Legislative ProcessF. Non-EU International InstitutionsG. EnforcementH. Future Directions2. Fundamental Legal ConceptsA. IntroductionB. Access and Related RightsC. Anonymous and Pseudonymous DataD. ConsentE. Data Controllers and Data ProcessorsF. Data MinimizationG. Data Processing: Definition and GroundsH. Data SubjectI. Data TransferJ. EstablishmentK. Freedom of ExpressionL. Freedom of InformationM. Free Flow of Data Within the EUN. LegitimacyO. Personal DataP. ProcessingQ. Purpose LimitationR. Sensitive DataS. Third Party3. Jurisdiction and Applicable LawA. IntroductionB. Distinguishing Choice of Law and JurisdictionC. The General DirectiveD. The Directive on Privacy and Electronic CommunicationsE. The Directive on Data RetentionF. Case Studies4. International data transfersA. IntroductionB. Selecting a Data Transfer MechanismC. Basic PrinciplesD. Adequacy DecisionsE. Safe HarborF. Contractual ClausesG. ExceptionsH. Binding Corporate Rules (BCRs)5. Compliance Challenges and StrategiesA. IntroductionB. Developing a Data Protection Compliance StrategyC. Grounds for Processing Personal DataD. Notification of Data ProcessingE. Processing of Human Resources DataF. Website ComplianceG. Security and Security BreachesH. OutsourcingI. Records ManagementJ. MarketingK. Due DiligenceAppendices1. Useful Internet Links2. European data protection authorities3. Implementation and text of the EU Data Protection Directive ('General Directive') 95/46/EC4. Implementation and text of the Directive on Privacy and Electronic Communications 2002/58/EC5. Text of the EU Data Retention Directive 2006/24/EC6. United State Safe Harbor principles and FAQs7. Standard contractual clauses for the transfer of personal data to third countries (controller-to-controller transfers)8. Standrad contractual clauses for the transfer of personal data to third countries (controller-to-processor transfers)9. Forms and Precedents10. Mail, Fax, Telephone and E-Mail Marketing Requirements in EU Member States11. Summary of Notification Requirements for Commercial and Human Resources Data in EU Member States12. Standard Contractual Clauses Filing Requirements13. Selected Enforcement Measures in Member States and WP 29 from September 2002 through May 200614. Documents Adopted by Article 29 Working Party through June 200615. Binding Corporate Rules materials

Editorial Reviews

"... opens the reader's eyes to the Europe-wide, indeed the worldwide issues at stake in the future of data protection law; and serves as a cautionary tale for those who would confine themselves to the parochial charm of a national registry's guidance notes."—Computer and Telecommunications Law Review

"A useful addition to the literature on the European data privacy debate, which has huge repercussions for any global or cross-border enterprise failing to accord sufficient attention to the issues."—ASIL Newsletter (American Society of International Law)

From the Publisher