Data & It Law Week, vol. 26: transfer of data, sale of business & Google Case
The article gives an overview of the most interesting articles in last 7 days.
Transfer of data and EU data protection policy
In his comment on the new development within EU, creating a “super-power” for data protection, Associate Professor Christopher Kuner talks about the effects and resulting unresolved issues for the international transfer of data.
“For example, how can it be reconciled with the fact that the enforcement jurisdiction of the data protection authority ends at the borders of their respective EU Member States? If supervision by the EU DPAs extends already by operation of law to the storage of EU data in other regions, then why do certain EU legal mechanisms in addition force the parties to data transfers to explicitly accept the extraterritorial regulatory authority of the DPAs (e.g., Clause 5(e) of the EU standard contractual clauses of 2010)? And how does the Court’s statement fit with its 2003 Lindqvist judgment, in which it held that EU data protection law should not be interpreted to apply to the entire Internet?”
Data protection issues in case of the sale of business (UK Case)
The article gives a brief overview of data protection issues associated with the sale of business. Although it is an article within UK legal system, there are many principles applicable in other countries too.
You need to think about these issues:
– data subjects are to be informed of the disclosure of their personal data in these instances
– Once the data is bought, it will be processed and the data subjects should be told that a new data controller will now be holding their personal data. In this situation, consent and consideration may need to be given.
– third-party data room providers may also be instructed to assist with the storing of data. It is important to make sure they are properly appointed and there is a written agreement in place.
Internet freedom after the Google Case (for video fans)
Cambridge University Law in Focus collection includes a video, in which David Erdos talks about the consequences of the case for the internet freedom. Suitable for people with little knowledge about the case and a preference of watching videos rather than reading.
Law in Focus is a collection of short videos featuring academics from the University of Cambridge’s Faculty of Law, addressing legal issues in current affairs and the news.
Short links:
About difficulties to access personal data
Enforcement of data protection legislation is much weaker in Europe
