Data protection laws in the European Union by Douwe Korff
DATA PROTECTION LAWS IN THE EUROPEAN UNION
By Douwe Korff


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1. Introduction

2. Scope of the Framework Directive

The Directives’ limitation to matters within the scope of Community Law
The Directives’ applicability to automated processing of personal data and to the processing of personal data in otherwise “structured” Manual Filing Systems
Territorial scope of the Directives (the question of “applicable” law): the effect of the Directive on non-EU data controllers

3. Data Protection Principles and Criteria for Lawful Processing

Principles and criteria concerning the processing of non-sensitive data
Sensitive data and sensitive processing

4. Informing Data Subjects
Informing data subjects when data are obtained directly from them
Informing data subjects when data are not obtained directly from them
Collecting some data from the data subject and additional data otherwise

5. Rights of Data Subjects

Substantive rights set out in the framework directive
Additional data subject rights and rights of legal persons contained in the Telecommunications Data Protection Directive and in the Directive on Privacy and Electronic Communications

6. Supervision, Notification and Enforcement

The national and European supervisory authorities
Notification (registration) of processing operations
Prior checking of “risky” operations
Individual remedies
Enforcement powers of the national data protection authorities
Sectoral self-regulation and codes of conduct

7. Transborder Data Transfers

The “Free Zone” for data transfers of personal data to Non-EU/EEA (“third”) countries
Applying the new European regime to transfers of personal data from the EU to the USA: the “Safe Harbor” arrangements.

Click here to access sample pages of the publication.
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About the Author: Douwe Korff is Professor of International Law at London Metropolitan University, and is recognised as one of Europe’s leading data protection experts. He has published numerous books and articles on data protection on both sides of the Atlantic, and has carried out studies for the European Union on the implementation of EC Directives harmonising Data Protection Law in the EU and the EEA.


Published: 2005ISBN: 1-931361-49-5
Pages: 323 pages, format 18 x 26 cmHardback
Price : 200 Euros/£140/$265

N.B. The publication is accompanied by 2 CD-Roms containing the primary legal documents and the data protection laws of all the major EU Member States.


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