Caldarola/Schrey, Big Data and Law, 2020, C.H.Beck
Maria Christina Caldarola / Joachim Schrey
Big Data and Law
A Practitioner’s Guide
Munich: C.H.Beck, 2020, Buch. Hardcover, XXII, 178 S. with 74 figures, 120,00 Euro incl. VAT
– In Gemeinschaft mit Nomos Verlagsgesellschaft, Baden-Baden und Hart Publishing, Oxford –
Das Werk ist Teil der Reihe: Kooperationswerke Beck – Hart – Nomos
For certain big players, Big Data is an opportunity for virtually unlimited resource utilization, with the goal of huge revenue growth. From a legal perspective, two basic questions arise here: What is the Big Data miner allowed to do without or with the specific consent of the data subjects, and what rights do the data subjects have? These are core questions of data protection law. For those affected, these are often unknowing consequences of Internet use, such as consent to the use of tracking cookies, which can be easily removed if one knows how. It is obvious that the related problems also massively affect contract law and intellectual property law.
Big Data is now seen as a new source and a “reserve” of additional revenue. When dealing with Big Data, it is not enough to have the necessary technical expertise and infrastructure. Rather, the legal scope must also be observed. As a result of the applicability of the EU General Data Protection Regulation since 25 May 2018 and the as-sociated potentially substantial fines for data protection infringements, data protection supervisory authorities in particular will intensify their supervisory measures and also focus their attention on Big Data applications.
With numerous guidelines and graphics, this book is a practical legal guide to gathering, storing and analysing personal and other types of data in Big Data applications. It provides comprehensive, practice-oriented assistance and reliability for planning everyday business in a Big Data environment. The presentation brings together all the perspectives presented here and discusses the controversial positions, which generally still require legal clarification.
- Affected data types (personal and factual data)
- Objectives of protection according to different applicable laws (data protection, copyright, civil law…)
- Right holders (data subject, copyright owner, owner or possessor of a thing)
- Lawful grounds for data processing (collection, acquisition, combination, transmission, evaluation and commercialisation)
- Prohibition rights
- Sanctions in case of violation (administrative fines, material and non-material damages, penalties…)
- Verification steps for Big Data applications
- Rights and duties of controller, processors, data protection officers
- Data life cycle, storage and erasure obligations
- Third country transfer and applicable law
- Anonymization/ pseudonymization of data stored in a Big Data database
- Rights of data subjects (information, access, rectification, erasure, portability etc.)
- Records of processing activities, risk assessment /data impact assessment, implementation of technical and organizational measures
- Big Data applications as service
This book offers a very clear presentation specially tailored to the legal problems with Big Data and gives concrete recommendations for best practice. It is written by authors who are proven in legal challenges with Big Data. The presentation shines with considerable differentiations and concrete solution models.
About the authors
Maria C. Caldarola is lawyer and an experienced IP/IT in-house law-yer with worldwide responsibilities in a multinational. She offers a broad spectrum of skills related to licensing, patents, trademarks, domains, software, data protection, cloud, big data, industry 4.0 and new digital business models. She is assistant lecturer of the Master Pro-gram Business Innovation at the University St. Gallen.
Joachim Schrey is a lawyer and certified expert lawyer for IT-law, partner in Noerr LLP and advises on complex IT projects, in particular IT system integration, IT as well as business process outsourcing contracts and digitalization projects. His areas of expertise also include data protection law, Internet of Things and IT compliance. He is an honorary professor at the Universi-ty of Frankfurt/Main and was a member of the advisory board of DC Data Centre Group GmbH.
This legal guide to best practice is aimed in particular at
- computer scientists
- business economists
- managing directors
- managers, analysts
- auditors and
- internal and external data protection officers.