Exam: Law synopsis

Anne Leigh Olsen
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Anne Leigh Olsen
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Digital Single Market and data protection

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Exam: Law synopsis
1 Data protection directive 95/46/EC
1.1 Article 6: member states must ensure that data is collected and processed for specific, legitimate and explicit purposes.
1.2 Article 25: data transfer allowed to third countries that ensure adequate protection
1.3 Article 26: derogations, three sets of standard clauses regarding data transfer
1.4 Article 7: criteria for legitimising processing: requires unambiguous consent, or processing is necessary for performance of a contract whic the data subect is party in, or if its necessary for legal compliance.
2 Charter of Fundamental Rights of EU 2002/58/EC
2.1 Article 7: family and private life
2.2 Article 8: protection of personal data
2.2.1 consent
3 TFEU: Treaty of the Functioning of the EU
3.1 Part 3: Union policies and internal actions
3.1.1 Title I: Internal Market: article 26, adoption of internal market, no internal frontiers, freedom of goods, persons, services and capital
3.1.2 Title II: free movement of goods
3.1.3 Title V: area of freedom, justice and security
3.2 Article 288: adoption of directives, regulations
3.2.1 Directive: secondary legislation which allows state discretion on implementation
3.2.1.1 direct effect: only vertical
3.2.1.1.1 For direct effect to take place, along with the Van Geld criteria, the Ratti criteria must be met: that the deadline for implementation of the directive has been passed by the member state.
3.2.2 Regulation: secondary legislation immediately effective
3.2.2.1 Treaties are primary legislation
3.2.2.2 direct effect: horizontal and vertical
3.2.2.2.1 for direct effect to take place, the three Van Geld criteria must be met: 1) clear in intention, specific in language and unconditional in implementation.
3.2.3 Decisions: binding in entirety , to those it addresses
3.2.4 Recommendations/opinions have no binding force
4 Options for third countries, after Safe Harbour removed
4.1 BCR: Developed by working party 29 in 2003, and considered a code of conduct, binding corporate rules allow multinational corporations to send intra-organizational personal data transfers across borders in compliance with EU data protection laws. They must be approved by each member states data protection authority which the corporation will handle personal data from. BCR form a framework of several elements to comply with EU standards.
4.1.1 stringent, corporate-wide global privacy policies
4.1.2 set of practices
4.1.3 processes and guidelines
4.1.4 Two conditions
4.1.4.1 binding nature: across the entire corporation
4.1.4.2 Legal enforceability: any EU citizen can take the corporation to court if privacy is breached.
4.2 Standard contractual clauses: these are single sets of contracts that are to correspond with requirements of article 26 (95/46/EC)
4.2.1
4.3 Other derogations: article 26 of the DPD 95/46/EC, conditions for transfer to non-adequate third nations
4.3.1 consent
4.3.2 necessary for performance of contract
4.3.3 necessary/legally required on public interest grounds that outweigh the importance of the citizen's privacy
4.3.4 protect vital interests of data subject
4.3.5 adequate safeguards
5 DSM: Digital Single Market Strategy is a priority for EU, and it is to help the single market exist online. Consists of three main areas: better online access to goods/services (level marketplace), environment where goods/services can prosper (good rules), and using internet for economic growth. Three priorities are geo-blocking, roaming and leveling playing field
5.1 The digital agenda, one of seven pillars outlined for the EU 2020 strategy, seeks to optimise and exploit the use of Information and Communication Technologies (ICTs)
5.2 importances: EU citizens should be fully protected and receive high service throughout the EU. Benefit from best content, deals and services. Strength of trust and security.
5.2.1 1) to level market place, better online access to goods and services
5.2.2 2) create an environment where goods and services can prosper (good rules and laws)
5.2.3 3) the use of the internet for economic growth
5.3 E-Commerce Directive: sets up an internal market framework for electronic commerce, providing legal certainty for businesses and consumers alike.
5.4 E-commerce Directive: sets up an internal market framework for electronic commerce, giving legal certainty to both businesses and consumers. It establishes harmonised rules on issues such as transparency and info requirements for online service providers, commercial communications, electronic contracts and limitations of liability of intermediary service providers.
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