 Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 28 journals)
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- On proportionality in the data protection jurisprudence of the CJEU
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Pages: 259 - 275
Abstract: Dutch NWA INTERSECTNWA.1160.18.301
PubDate: Thu, 21 Jul 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac014
Issue No: Vol. 12, No. 4 (2022)
- A pragmatic compromise' The role of Article 88 GDPR in upholding
privacy in the workplace-
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Pages: 276 - 296
Abstract: European Research Council10.13039/100010663European Union's Horizon 2020947806
PubDate: Tue, 16 Aug 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac015
Issue No: Vol. 12, No. 4 (2022)
- GDPR codes of conduct and their (extra)territorial features: a tale of two
systems-
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Pages: 297 - 315
Abstract: Key PointsThe territorial application of the EU’s data protection rules has been analysed in-depth by scholars. The use of soft law (ie self-regulation and co-regulation) in the field of data protection also has a rich scholarly history. However, the territorial aspects of soft law tools in the data protection sphere remain under-researched—also with regard to the GDPR, which encourages the use of codes of conduct in its Articles 40 and 41.Article 40.3 GDPR states that actors subject to the GDPR can adhere to codes of conduct, meaning Article 3 GDPR determines which categories of potential adherents to codes exist. However, Article 40.3 GDPR also states that ‘codes of conduct approved … and having general validity … may also be adhered to by controllers or processors that are not subject … pursuant to Article 3’. This raises questions regarding the interplay between the (extra)territorial features of the GDPR and codes of conduct.This contribution first identifies three categories of potential adherents to GDPR codes. It then argues that these categories interact with the three different types of GDPR codes: national codes, transnational codes, and codes having general validity (Article 40 paragraphs 5–9 GDPR). As a result, two territorial systems interact.Finally, the contribution explores hypothetical scenarios for the types of adherents with regard to their expected commitment to (the types of) codes of conduct and the potential effects on their activities intra-EU and extra-EU.
PubDate: Mon, 07 Nov 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac018
Issue No: Vol. 12, No. 4 (2022)
- Intermediating data rights exercises: the role of legal mandates
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Pages: 316 - 331
Abstract: Data Trusts InitiativeEuropean Research Council10.13039/100010663European Union's Horizon 2020759681Dutch Research Council10.13039/501100003246VI.Veni.201R.096
PubDate: Mon, 17 Oct 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac017
Issue No: Vol. 12, No. 4 (2022)
- Reforming the Australian Framework for International Data Sharing
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Pages: 332 - 345
Abstract: ARC CoE on Automated Decision-Making and Society
PubDate: Wed, 21 Sep 2022 00:00:00 GMT
DOI: 10.1093/idpl/ipac016
Issue No: Vol. 12, No. 4 (2022)
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Hybrid journal (It can contain Open Access articles)
