Data Protection: A Practical Guide to UK and EU Law" by Peter Carey and Daniel Cuthbert is a comprehensive guide to understanding and complying with data protection law in the UK and EU. The book provides a detailed overview of the legislation and its key provisions, as well as practical guidance on how to comply with it.
The book begins by outlining the history of data protection law and its development in the UK and EU. It explains the key concepts and terminology used in data protection law, such as data controllers, data processors, personal data, and sensitive personal data.
The book then provides a detailed overview of the General Data Protection Regulation (GDPR), which came into effect in May 2018. The GDPR is the most significant piece of data protection legislation in the EU in over 20 years, and it has far-reaching implications for businesses that collect, process, and store personal data.
The book explains the key principles of the GDPR, such as the lawfulness, fairness, and transparency of data processing, the purpose limitation principle, and the storage limitation principle. It also explains the rights of data subjects, such as the right to access their personal data, the right to rectify inaccurate data, and the right to erasure (the "right to be forgotten").
The book also provides practical guidance on how to comply with the GDPR, such as conducting data protection impact assessments (DPIAs), implementing technical and organizational measures to ensure data security, and appointing a data protection officer (DPO) if necessary.
In addition to the GDPR, the book also covers other important data protection legislation in the UK and EU, such as the Data Protection Act 2018 and the ePrivacy Regulation. It also covers the implications of Brexit on data protection law in the UK.
The book is written in a clear and accessible style, making it suitable for a wide range of readers, from lawyers and compliance professionals to business owners and managers. It provides practical examples and case studies to illustrate key points, and it includes a range of useful resources, such as checklists, templates, and sample policies.
Overall, "Data Protection: A Practical Guide to UK and EU Law" is an excellent resource for anyone looking to understand and comply with data protection law in the UK and EU. It provides a clear and comprehensive overview of the legislation and its key provisions, as well as practical guidance on how to comply with it.
The 5 key takeaways from this book
The General Data Protection Regulation (GDPR) has replaced the Data Protection Directive as the main data protection law in the European Union. The GDPR strengthens individual rights and gives them greater control over their personal data, while placing more obligations on data controllers and processors.
The GDPR applies to all organisations, regardless of size or industry, that process personal data of EU residents. This means that businesses outside the EU may still be subject to the GDPR if they process data of EU residents.
The GDPR requires organisations to take a risk-based approach to data protection, meaning they must assess the risks associated with processing personal data and implement appropriate measures to mitigate those risks. This includes technical and organisational measures, such as encryption and access controls.
The GDPR also requires organisations to report data breaches to supervisory authorities within 72 hours of becoming aware of them, unless the breach is unlikely to result in a risk to the rights and freedoms of individuals. If the breach is high-risk, organisations must also inform affected individuals without undue delay.
Non-compliance with the GDPR can result in significant fines and reputational damage, so it is essential for organisations to take data protection seriously and implement appropriate measures to ensure compliance. This includes appointing a data protection officer, conducting regular data protection impact assessments, and providing training to employees on data protection best practices.