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Guide to the General Data Protection Regulation
Guide to the General Data Protection Regulation
A Companion to Data Protection Law and Practice
Practice Area:  Data Protection
ISBN:  9780414061019
Published by:  Sweet & Maxwell
Publication Date:  21 Feb 2017
Format:  Hardback
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PRODUCT DESCRIPTION

Guide to the General Data Protection Regulation provides comprehensive coverage of the new EU General Data Protection Regulation and commentary on how it will impact on the UK national level.

Intended as a companion to Data Protection Law and Practice (4th edition), the key and sole focus of this title is the General Data Protection Regulation. Guide to the General Data Protection Regulation will provide a detailed and stand-alone account of the most significant development in UK Data Protection law since the 1998 Act itself.

Main Features:

  • Covers the EU General Data Protection Regulation 2016/679, the new legal landscape arising from it and how it is expected to apply at a national level
  • Details the structure and scope of the Regulation, including the extended
    territorial reach
  • Reviews the new legal obligations on data processors and affecting processor contracts and the impact of these changes on contractual arrangements
  • Examines the new and expanded definitions, including personal data, profiling, pseudonymisation, filing system, consent, enterprise, and group of undertakings
  • Analyses the novel significant obligations on data controllers and data processors, including breach notification and the extended rights of individuals
  • Explains the extensive powers of regulators, including the ability to impose very significant fines and mandatory orders on a pan-EU basis
  • Examines in depth the wording of the “One Stop Shop” and the role of the European Data Protection Board
  • Places the new rules in the broader current context, including discussion of the Schrems decision and the US/EU Privacy Shield

- Security obligations and the use of data processors
- Overseas or cross-border transfers of data
- The Commissioner
- Subject access
- Rights to prevent processing
- Rights in relation to automated decisions
- Accuracy of personal data, compensation and individual remedies
- Exemptions for national security, the prevention and detection of crime, regulatory purposes and taxation
- Exemptions for personal and family information, health and social work, employment and schools
- Freedom of expression and exemptions for special (journalistic) purposes
- Research
- Civil enforcement powers of the Commissioner
- Criminal offences, warrants and prosecutions
- Monitoring of communications, interception and access to encrypted data
- First Tier Tribunal and Upper Tribunal

CONTENTS
Background
History and Context
Interpretation and the case law of the CJEU
Main Definitions, Scope and Territorial Application
Grounds for the processing of data and sensitive personal data
Principles 1 – 6 and issues common to the exercise of individual rights under Principle 6
Security obligations and the use of data processors
Overseas or cross-border transfers of data
Notification; The Commissioner
Subject access
Rights to prevent processing
Rights in relation to automated decisions
Accuracy of personal data, compensation and individual remedies
Exemptions for national security, the prevention and detection of crime, regulatory purposes and taxation
Exemptions for personal and family information, health and social work, employment and schools
Freedom of expression and exemptions for special (journalistic) purposes
Research
Civil enforcement powers of the Commissioner
Criminal offences, warrants and prosecutions
Monitoring of communications, interception and access to encrypted data
First Tier Tribunal and Upper Tribunal
EDITORS & EDITORIAL BOARD
Rosemary Jay has worked in data protection and information rights for nearly 30
years and is an acknowledged expert in the field. Her clients have included national
and international bodies and she has been engaged on a number of international
assignments. She is currently a Senior Consultant Attorney at Hunton & Williams. She is the author of Data Protection Law and Practice (4th edition).

Contributors to the book are William Malcolm, Legal Director, Privacy, Google UK
Limited; Ellis Parry, Global Lead Data Privacy at BP; Louise Townsend, Data Privacy Counsel; and Anita Bapat, Associate, Hunton & Williams.  All bring a wealth of practical as well as technical legal expertise to the topic.
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