As technology continues to innovate at lightning speeds and technology becomes more central to everyday life, personal data must be protected. In 2017, the passage of the General Data Protection Regulation (GDPR) in the European Union set an important precedent in the world of data protection law. Building upon the Data Protection Directive (95/46/EC), the GDPR has taken the fundamental right to privacy and extended it to the transmission of personal data. The United States of America, however, offers no such protection at the federal level - the right to privacy within the U.S. is not absolute. This article will comparatively present the pattern of case law and legislation in the EU that led to the General Data Protection Regulation, and then the pattern of case law and legislation leading to data protection law(s) in the United States of America. The contrasting degrees of protection within the two regimes is a large discrepancy; the collection and transmission of personal data is protected by law in the EU and the US differs to such a degree that companies like Facebook, have had to drastically alter their services in Europe to comply with the stringent requirements of the GDPR. The paper continues on to addresses how personal data protection is being addressed by lawmakers vis-à-vis competition law and anti-trust regulation in the EU. While it may be difficult for the United States to develop a sweeping, federal-level piece of legislation like the GDPR, the increasing success of laws protecting personal data vis-à-vis competition law points to an area in which the U.S. and the E.U. can more easily harmonize their laws and protections. Finally, the paper offers a comment on the future of the transatlantic relationship and the role data protection law could play in strengthening that relationship.

This book offers guidance for US-based IT businesses on both sides of the Atlantic when dealing with big data and government data, since transatlantic data flows are key to the success of these enterprises. It offers practical insights into many of the data-protection challenges US companies in various industries face when seeking to comply with US and EU data-protection laws, and analyses the potential conflicts in the light of their risks and the way in which US-based cloud providers react to the uncertainties of the applicable data-protection rules. The book particularly focuses on the insights derived from a qualitative study conducted in 2016 with various cloud-based IT businesses in the Silicon Valley area, which shows the diversity of views on data protection and the many approaches companies take to this topic. Further, it discusses key data-protection issues in the field of big data and government data.

This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.

"This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic"--

Data Protection, Privacy Regulators and Supervisory Authorities explores and details the establishment, rules, and powers of data protection regulators and supervisory authorities. It also discusses rights issues (pursuing and defending) as well as the developing area of fines and contestability. Data protection and privacy are arguably the most significant developing areas of law and policy. New regulations span from the GDPR (EU) to the CCPA (California), and other new rules internationally. How the new data protection rules operate on a day-to-day basis is linked to the activities, functions and orders of data protection regulators and supervisory authorities. This brand new title includes coverage of: - The establishment and wider powers of the new data regulators - The new sanctions, orders, penalties and powers to enforce compliance - The new obligations to contact data regulators even before data collections - The detailed GDPR and DPA powers and requirements - Recent fines, penalties and case law including CJEU This book is essential for any entity dealing with the new data protection and privacy issues as no company, organisation nor their internal or external advisors, can ignore these new regulators, nor fully understand the new data protection and privacy compliance landscape without a detailed appreciation of these regulators.

This book constitutes the thoroughly refereed post-conference proceedings of the 6th Annual Privacy Forum, APF 2018, held in Barcelona, Spain, in June 2018. The 11 revised full papers were carefully reviewed and selected from 49 submissions. The papers are grouped in topical sections named: technical analysis and techniques; privacy implementation; compliance; and legal aspects.