Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society. Expert contributors investigate the impact of Brexit on the right to data portability, essential equivalence as a benchmark for international data transfers following Schrems II, and data protection in relation to the application and boundaries of the Law Enforcement Directive, trade secret privileges, and competition law. Comprehensive, yet accessible, the Research Handbook on EU Data Protection Law will be a valuable resource for students and scholars of technology and data protection law, privacy law, and European law more broadly, while also being a useful tool for practitioners and policymakers concerned with data protection.
Author(s): Eleni Kosta, Ronald Leenes, Irene Kamara
Series: Research Handbooks In European Law Series
Edition: 1
Publisher: Edward Elgar Publishing
Year: 2022
Language: English
Commentary: TruePDF
Pages: 665
Tags: Law: Academic; European Law; Internet And Technology; Law Privacy; Data Protection: Law And Legislation: European Union Countries; European Parliament: General Data Protection Regulation; Privacy, Right Of: European Union Countries
Front Matter
Copyright
Contents
Figures
Tables
Contributors
Reviewers
Preface
Introduction to Research Handbook on EU Data Protection Law
1 | Two decades of Article 8 CFR: A critical exploration of the fundamental right to personal data protection in EU law
2 | Data protection as performance-based regulation
3 | A divided European data protection framework: A critical reflection on the choices of the European legislator post-Lisbon
4 | A critical reflection on the material scope of the application of the Law Enforcement Directive and its boundaries with the General Data Protection Regulation
5 | Government-to-Business (G2B) research data sharing and the GDPR: Reconciling the ‘public’ with the ‘private’?
6 | Conceptualising the interrelation between data protection regulation and competition law
7 | The intersection of data protection rights and trade secret privileges in ‘algorithmic transparency’
8 | ‘Paying’ with personal data in digital business to consumer contracts: Bringing successfully together two worlds apart?
9 | Data-driven business models - Privacy and marketing
10 | ‘Dark patterns’: The case for regulatory pluralism between the European Union's consumer and data protection regimes
11 | Data protection and judicial automation
12 | Reaching beyond its territory - An analysis of the extraterritorial scope of European data protection law
13 | Essential equivalence as a benchmark for international data transfers after Schrems II
14 | The radical reframing of the purpose limitation principle - Why the Dutch delegation uprooted data protection
15 | Context as key: The protection of personal integrity by means of the purpose limitation principle
16 | Defining the scope of AI ADM system risk assessment
17 | Understanding the legal bases for automated decision-making under the GDPR
18 | The role of consent in an algorithmic society - Its evolution, scope, failings and re-conceptualization
19 | Explicit consent and alternative data protection processing grounds for health research
20 | Data protection, control and participation beyond consent - ‘Seeking the views’ of data subjects in data protection impact assessments
21 | Meaningful transparency through data rights: A multidimensional analysis
22 | Between incrementalism and revolution: How the GDPR right to data portability is revamped by the EU and the UK post Brexit
23 | Data protection enforcement in the era of the Directive on Whistle blowers: Towards a collective approach?
Index
