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The Worldwide Data Protection Regulatory Landscape

Lokke Moerel

in Binding Corporate Rules: Corporate Self-Regulation of Global Data Transfers

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662913
eISBN:
9780191746208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662913.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter gives an introduction to the worldwide data protection regulatory landscape and the different types of regulatory systems. It provides an overview of the basic principles of the data ... More


Data Protection

Jaani Riordan

in The Liability of Internet Intermediaries

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198719779
eISBN:
9780191927416
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198719779.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the liability of internet intermediaries for contraventions of the data protection regime. Data protection duties, like those upholding rights of privacy and confidentiality, ... More


Cloud Privacy Law in the United States and the European Union

Andrea Renda

in Regulating the Cloud: Policy for Computing Infrastructure

Published in print:
2015
Published Online:
May 2016
ISBN:
9780262029407
eISBN:
9780262331166
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262029407.003.0005
Subject:
Computer Science, Programming Languages

This paper reviews the legal framework for data protection in the US and the EU and the attempts made in both jurisdictions to adapt the framework to the challenges posed by cloud computing and the ... More


The Development of European Data Protection Law and Regulation

David Erdos

in European Data Protection Regulation, Journalism, and Traditional Publishers: Balancing on a Tightrope?

Published in print:
2019
Published Online:
March 2020
ISBN:
9780198841982
eISBN:
9780191878039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841982.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law, EU Law

This chapter explores the development of European data protection, both as a codified form of regulation and as a human right, from its inception to the present day. In contrast to more ʻclassicalʼ ... More


Data protection as command and control regulation

Raphaël Gellert

in The Risk-Based Approach to Data Protection

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198837718
eISBN:
9780191874307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198837718.003.0003
Subject:
Law, EU Law, Intellectual Property, IT, and Media Law

Chapter 2 demonstrates that data protection can be understood as command and control regulation by applying the three constitutive elements of regulation (standard setting, monitoring, behaviour ... More


European Data Protection Regulation and Academic Publishers: First- and Second-Generation Developments

David Erdos

in European Data Protection Regulation, Journalism, and Traditional Publishers: Balancing on a Tightrope?

Published in print:
2019
Published Online:
March 2020
ISBN:
9780198841982
eISBN:
9780191878039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841982.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law, EU Law

This chapter explores the interface between European data protection and academic social science and humanities publishers until the end of the Data Protection Directive (DPD) era. It begins by ... More


How Do Restrictions on International Data Transfers Work in Clouds?

W Kuan Hon and Christopher Millard

in Cloud Computing Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671670
eISBN:
9780191767463
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671670.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter considers how restrictions on cross-border transfers of data work, or perhaps don't work, in cloud environments and how they might be improved. The concept of ‘transfer’ and the ... More


Second-Generation European Data Protection and Professional Journalism: Formal Law and Regulatory Guidance

David Erdos

in European Data Protection Regulation, Journalism, and Traditional Publishers: Balancing on a Tightrope?

Published in print:
2019
Published Online:
March 2020
ISBN:
9780198841982
eISBN:
9780191878039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841982.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law, EU Law

This chapter explores the legislative interface between data protection and the professional journalistic media under the Data Protection Directive (DPD) and then examines the formal regulatory ... More


Communications Privacy

Ian Walden

in Telecommunications Law and Regulation

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198807414
eISBN:
9780191927966
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198807414.003.0018
Subject:
Law, Intellectual Property, IT, and Media Law

The right to privacy of communications is one of the most enduring and widely recognized of the constellation of rights known as privacy law. While privacy remains a notoriously elusive concept, ... More


European Data Protection Regulation and ‘Non-Journalistic’ Traditional Publishers: First- and Second-Generation Developments Outside Academia

David Erdos

in European Data Protection Regulation, Journalism, and Traditional Publishers: Balancing on a Tightrope?

Published in print:
2019
Published Online:
March 2020
ISBN:
9780198841982
eISBN:
9780191878039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841982.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law, EU Law

This chapter explores both the statutory law applicable and the regulatory approach taken to the activity of professional artists and writers outside journalism under European data protection as it ... More


Which Law(s) Apply to Personal Data in Clouds?

W Kuan Hon, Julia Hörnle, and Christopher Millard

in Cloud Computing Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671670
eISBN:
9780191767463
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671670.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

Data protection laws in the EU adopt a distinctive location-based approach to regulation. Jurisdiction depends either on where a controller or processor is ‘established’, in which case the relevant ... More


Who is Responsible for Personal Data in Clouds?

W Kuan Hon, Christopher Millard, and Ian Walden

in Cloud Computing Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671670
eISBN:
9780191767463
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671670.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

Cloud computing technologies and service models are sufficiently complex that it is often the case that a provider of the whole or part of a multi-layered cloud service will not even know whether its ... More


What is Regulated as Personal Data in Clouds?

W Kuan Hon, Christopher Millard, and Ian Walden

in Cloud Computing Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671670
eISBN:
9780191767463
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671670.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter considers what information in clouds is, and what should be, classified as personal data under European Union data protection laws. It is crucial to tackle this question first as the ... More


Issues with data protection as command and control regulation

Raphaël Gellert

in The Risk-Based Approach to Data Protection

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198837718
eISBN:
9780191874307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198837718.003.0004
Subject:
Law, EU Law, Intellectual Property, IT, and Media Law

Chapter 3 shows that a number of the issues that data protection has encountered and which have served as the impetus for the GDPR reform process can be understood from the regulatory viewpoint. More ... More


Second-Generation European Data Protection Regulation and Professional Journalism: Probing Enforcement

David Erdos

in European Data Protection Regulation, Journalism, and Traditional Publishers: Balancing on a Tightrope?

Published in print:
2019
Published Online:
March 2020
ISBN:
9780198841982
eISBN:
9780191878039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841982.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law, EU Law

Drawing on the results of both a questionnaire and a public domain website review, this chapter explores the enforcement stance and track record of European Data Protection Authorities (DPAs) ... More


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