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Determann's Field Guide to International Data Privacy Law Compliance [Kõva köide]

  • Formaat: Hardback, 180 pages, kõrgus x laius: 244x169 mm
  • Ilmumisaeg: 31-Aug-2012
  • Kirjastus: Edward Elgar Publishing Ltd
  • ISBN-10: 0857932330
  • ISBN-13: 9780857932334
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  • Formaat: Hardback, 180 pages, kõrgus x laius: 244x169 mm
  • Ilmumisaeg: 31-Aug-2012
  • Kirjastus: Edward Elgar Publishing Ltd
  • ISBN-10: 0857932330
  • ISBN-13: 9780857932334
Teised raamatud teemal:
Companies, lawyers, privacy officers, developers, marketing and IT professionals face privacy issues more and more frequently. Much information is freely available, but it can be difficult to get a grasp on a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to International Data Privacy Law Compliance comes into its own - helping to identify issues and provide concise practical guidance in an increasingly complex field shaped by rapid change in international laws, technology and society.Determann's field guide focusses on the compliance issues that are likely to be encountered by the majorities of companies. Starting with an overview of the key concepts in the field in order to provide a basic understanding of data privacy, the book offers practical advice on initiating, maintaining, and then auditing a compliance program, with checklists designed to assist this process. The book also gives step-by-step guidance on drafting documentation for data privacy compliance, including notices, consent forms, agreements, protocols, request forms and government notifications, and provides sample documentation to use as a model.

A handy A-Z of data privacy compliance completes the book and gives a concise tour of privacy-related issues, from Advertising to Zip Codes. Lightweight enough to carry around, the book should be on the desk and in the briefcase of every compliance officer and corporate counsel.

Key Features:











Concise overview of the practical requirements of data privacy compliance Step-by-step guide to starting and maintaining a compliance program Advice on drafting documentation gives the user the tools to complete an end-to-end process Glossaries of key acronyms and terms help the user to navigate through the field Includes sample documentation and checklists to ensure the clearest possible guidance Clear structure facilitates quick reference.

Arvustused

'Recently published by Elgar, this book, in our view, is almost certain to become required reading for practitioners (on both sides of the Atlantic) involved with privacy issues. It contains a wealth of references and resources for further research and, speaking of guidance, it's easy to navigate via a detailed table of contents and index at the back.' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine 'The proliferation of electronic commerce and the unprecedented volume of data stored by businesses have made data compliance programs for most businesses a priority. Therefore, the creation and regular audit of an efficient program intended to minimize data thefts and manipulations has become a need of the hour. Determann's Field Guide addresses all these issues in a comprehensive manner. Dr. Lothar has also taken lot of efforts to collate the concepts and practices of International Data Privacy Law in a most lucid manner. The Field Guide is the reflection of Dr. Determann's finesse towards details and accuracy, which is associated with all his works. Focusing on the global regulatory regime of data privacy norms compliance requirements, the Field Guide comes with startling clarity through concise and up to date checklists essential for data compliance audits. The Field Guide is thoroughly recommended for the lay and expert alike, especially for lawyers, accountants and other professionals engaged in operations covering various jurisdictions.' -- Anand Mehta 'As the data stored by business entities globally increases at an exponential pace, the legal frameworks and regulations governing such data increase in complexity at nearly the same rate creating an environment of conflicting requirements and unclear obligations. Determann's book Determann's Field Guide to International Data Privacy Law Compliance offers a real-world, practical approach to dealing with the data privacy challenges that in-house counsel face on nearly a daily basis. In particular, I recommend it as a source of invaluable information for those of us operating in multiple jurisdictions.' -- Scott Trainor, VP and Regional General Counsel, APJ, SAP Asia Pte. Ltd. 'With the proliferation and diversity of privacy risks and international regulatory controls, and the increasingly obvious intersection of data security and privacy, no company can afford to overlook the importance of an up to date and well-tailored global compliance program. For companies doing business in the cloud or transacting with consumers, a well considered international data privacy compliance program is not only a critical legal and liability control - it's fundamental to earning and maintaining the trust of your customers. In this comprehensive yet concise "field guide," Professor Determann has managed to consolidate an enormous breadth of legal requirements and best practices knowledge into a single, definitive reference that should be quite accessible even to non-privacy professionals. As general counsel of a multinational public company, I consider Determann's Field Guide to International Data Privacy Law Compliance to be a pragmatic and indispensable reference in improving our compliance program, and highly recommend it for anyone looking for clear, practical guidance on establishing or improving their data privacy program!' -- Felix Sterling, Senior Vice President & General Counsel at Trend Micro Inc., Silicon Valley, US

About contributors and the author viii
Introduction ix
Key terms xi
Key concepts xiii
1 The field: data protection, privacy and security xiii
2 The territory: Europe, USA and ROW xv
3 The species: personal data, PII and sensitive data xvi
4 Activities encountered: transfers and other forms of processing xviii
5 The observed: data controllers, processors xix
6 The game wardens: data protection authorities, officers xx
The Field Guide
1(144)
1 Starting a compliance program
3(22)
1.1 Taking charge
3(2)
1.2 Working with internal stakeholders and outside advisors
5(1)
1.3 Appointing a privacy officer
6(5)
1.4 Preparing a task list
11(12)
1.5 Executing tasks
23(2)
2 International data transfers: selecting compliance mechanisms
25(23)
2.1 Three hurdles
26(6)
2.2 Compliance mechanisms compared
32(9)
2.3 Implementation
41(6)
2.4 Data transfers from countries outside the EEA
47(1)
3 Drafting documentation
48(35)
3.1 Why are you creating the document?
48(3)
3.2 Who is your audience?
51(1)
3.3 Categories and examples of documentation
52(2)
3.4 Notices
54(9)
3.5 Consent
63(2)
3.6 How to obtain valid consent
65(1)
3.7 Opt in, out and in between
66(4)
3.8 Above and beyond opt-in consent
70(1)
3.9 Other considerations for consent drafting
71(2)
3.10 Agreements
73(5)
3.11 Protocols
78(1)
3.12 Questionnaires and data submission forms
79(1)
3.13 Documenting decisions and compliance efforts
80(1)
3.14 Government notifications, approvals
80(3)
4 Maintaining and auditing data privacy compliance programs
83(4)
5 Data privacy A to Z
87(58)
Advertising
87(3)
Breaches of data security
90(4)
Cloud computing
94(11)
Data retention
105(3)
Employee data and monitoring
108(9)
Financial information
117(1)
Government investigations, information requests
117(3)
Health information
120(1)
Information processing fairness - FIPS
121(1)
Jurisdiction
122(2)
K - Contracts
124(1)
Location data
125(1)
Minors
125(1)
Notices and notifications
126(1)
Ownership
126(1)
Privacy by design
127(1)
Questionnaires
128(1)
Rights, remedies, enforcement
128(4)
Social media
132(1)
Tracking
133(1)
Unsolicited communications (spam email, cold calls, etc.)
134(4)
Vendor management
138(1)
Wiretapping
139(1)
X-rays, genes, fingerprints - biometric data
140(1)
Y? Why protect data privacy?
141(2)
Zip codes, IP addresses and other numbers
143(2)
Checklist: data privacy and security compliance program 145(3)
Resources 148(2)
Abbreviations 150(3)
Index 153
Lothar Determann, Baker & McKenzie LLP, Palo Alto, USA; Freie Universität Berlin, Germany; University of California, Berkeley School of Law, USA