Overview

This book is a legal practice guide for the collection, storage and analysis of personal and other data in Big Data applications. It contains numerous guidelines and graphic illustrations/graphics to offer well-founded, practice-oriented support. The book illuminates the legal scope of Big Data and at the same time closes a gap in the legal literature on the subject. Its content goes beyond the purely data protection law view and combines questions in the Big Data environment, among others, from the legal sources, the protection of industrial property rights and data protection. In addition to personal data, the book also looks at non-personal data (technical data or anonymous data), which is often mixed together for Big Data analyses. These different types of data may originate from different rightholders, may be subject to different national laws, may require different legal bases and/or may be used for different analysis purposes.

Full Product Details

Author:   Maria Cristina Caldarola (University St Gallen) ,  Joachim Schrey (University of Frankfurt/Main)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Beck/Hart Publishing
Weight:   0.484kg
ISBN:  

9781509931934

ISBN 10:   1509931937
Pages:   304
Publication Date:   14 May 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

A. Introductory remarks I. Why Big Data II. Why must a party not established in the EU comply with GDPR with respect to Big Data applications? III. Which data are affected? IV. What are the differences between the data types? V. Which verification steps need to be considered for a Big Data application? B. Types of data I. Personal data II. Non-personal data III. Databases and collections IV. Protection as business or trade secret V. Householder’s right with regard to the collection of factual data VI. Virtual householder’s right VII. Factual data linked to IP addresses or other identifying characteristics VIII. No data ownership C. The controller I. Processor II. Joint controllers, Art. 26 GDPR III. Dynamic matrix structures IV. Cloud computing D. Specific requirements and tasks of the data protection officer with regard to Big Data applications I. Specialist knowledge II. Organizational and operational involvement of the data protection officer III. Communication with data subjects IV. Information and monitoring obligations V. Cooperation and control obligations VI. Internal procedure in the event of a data protection violation E. Lawful ground for data processing (collection, acquisition, transmission, evaluation and commercialization) I. Statutory lawful grounds for personal data II. Processing of non-personal factual data F. Data processing and data cycle (level of data purpose) I. Data processing II. Life cycle of data III. Collection of personal data for purposes other than their use in Big Data applications – a change of purpose G. Third country transfer/Applicable law (Level of applicable law) H. Development of a Big Data application I. Collection of data II. Obtaining and acquiring data from data service providers III. Combination of data IV. Extending the range: anonymization/pseudonymization of data stored in a Big Data database V. Transmission of data from several controllers to a central Big Data application VI. Evaluation and analysis of data VII. Continuation of personal reference even after evaluation and analysis of data I. Erasure obligations I. Development of an erasure concept II. Implementation of a data erasure concept III. Necessary elements of a data erasure concept? IV. Start times of retention and erasure obligations V. Assignment of data types to erasure classes VI. Resolution of conflicts when using one data type in different databases VII. What does “erasure” of data mean in contrast to its “blocking”, “masking”, “pseudonymization” or “anonymization VIII. Obligation to erase personal data regarding a data subject IX. Erasure obligations towards licensors, data suppliers etc. independent of the data content X. Uniform erasure period for all documents and data XI. Erasure obligations for cross-border data processing XII. Storage locations and erasure obligations J. Relevant rights of data subjects in Big Data applications according to the GDPR I. Information obligations according to Art. 13, 14 GDPR II. Rights of data subjects pursuant to Art. 15 et seq. GDPR III. Records of processing activities according to Art. 30 GDPR IV. Implementation of technical and organizational measures to protect personal data from unauthorized access V. General principles for the processing of personal data in Art. 5 GDPR K. Data protection impact assessment L. System data protection when operating Big Data applications I. System data protection for personal data II. System data protection for non-personal data only in a Big Data Application M. Protection of Big Data applications I. Technical and organizational measures II. Protection of the algorithms underlying the Big Data application III. Compliance management system IV. Aspects of copyright contract law in the database management system N. Legal consequences of non-compliance with the legal requirements set out in this guide I. Sanctions in case of violation of data protection regulations II. Legal consequences of infringement of copyrights in collective works or database protection rights III. Violation of virtual householder’s rights IV. Sanctions for infringing business or trade secrets pursuant to the German Trade Secrets Act V. Contractual claims O. Big Data Applications as a service P. Recommended Actions

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Author Information

Maria Cristina Caldarola is assistant lecturer of the Master Program Business Innovation at the University St Gallen. Joachim Schrey is an honorary professor at the University of Frankfurt/Main and was a member of the advisory board of DC Data Centre Group GmbH.

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