The Interaction Between Directive 2015/2366 (EU) on Payment Services (PSD2) and Regulation (EU) 2016/679 on General Data Protection (GDPR) Concerning Third Party Players

2019 ◽  
Author(s):  
Dilja Helgadottir
2019 ◽  
Vol 16 (6) ◽  
pp. 724-745
Author(s):  
Ronny Hauck

When the General Data Protection Regulation (henceforth: GDPR) came into force, it quickly became clear that the new data protection law would strongly influence many different areas of law. This article deals with the relationship between data protection law and insolvency law, which was hardly considered before the GDPR was adopted. This relationship is particularly relevant where personal data is to be sold as asset in insolvency proceedings. As will be shown, the new data protection law imposes requirements on such data transfers which are very difficult to fulfil. The main problem is that in German law, personal data is not transferable because it is considered part of a subject’s personality. This situation is comparable to German copyright law, since the copyright itself is a non-transferable good. However, just as usage rights in copyright, the rights to use the personal data can be transferred to a third party provided that the requirements of the GDPR are satisfied. This article will comprehensively analyse under which conditions a transfer of such rights would be possible in insolvency proceedings. To create a balanced relationship between data protection law and insolvency law, the principle of proportionality is of crucial importance in this respect.


2020 ◽  
Vol 3 (1) ◽  
Author(s):  
George Suciu ◽  
Cristiana Istrate ◽  
Mari-Anais Sachian ◽  
Oana Chenaru ◽  
Gheorghe Florea

Since the establishment of IoT (Internet of Things), a variety of end devices become interconnected with one another, and thus, new types of security challenges appeared which have to be taken care of. Personal data, at the moment, have a higher risk of being hacked by various types of cyberattacks, as a result of the abundance of connectivity in the cloud realm. To face this type of challenges, the European Union decided to implement in 2018 the GDPR (General Data Protection Regulation) that implies that personal data of any kind can be shared with a third party only with their accord and can be, as well, deleted by them, whenever they desire. Henceforth, this paper introduces the PARFAIT project that will take into account this regulation and will integrate a platform with the purpose of protecting the personal data in IoT based applications, especially for smart home, smart office and smart hotel use cases.


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