LLM in International Commercial Law

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Browsing LLM in International Commercial Law by Subject "GDPR"

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    Blockchain: A European Perspective on the compatibility in regards with General Data Protection Regulation
    (Griffith College, 2022) Raghuram Iyer, Radhika
    The purpose of this dissertation is to investigate the compatibility between Blockchain technology with the General Data Protection regulation (GDPR). The GDPR was adopted in May 2018 across all the European Union member nations with the intention of harmonising the data protection regulations throughout Europe. The GDPR established numerous basic rights and privileges for individuals in terms of protecting their personal data. That alone implies that the relevant stakeholders who process personal data undertake specific duties. The legislation, although is predicated on the assumption that data is maintained and processed in a centralised architecture. This creates a problem for distributed networks, the core technology of blockchain. The blockchain technology is utilised to safeguard and maintain the integrity of the personal data in a potentially dangerous technological world. Typically, the peer-to-peer (P2P) networks, also known as shared networks, have confronted the challenge of assuring data integrity. This dissertation explores whether the GDPR is relevant to a decentralised architecture and if the essential rights and principles of the regulation can be preserved, which is to say whether the involved authorities can perform their regulatory tasks.
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    PERSONAL DATA PROTECTION UNDER EUROPEAN AND TURKISH LAW – ASSESSMENT OF GDPR AND PDPL
    (Griffith College, 2024) Melekoglu, Seyma
    With the rapid development of information and communication technologies, the increasing sensitivity in the collection, processing and storage of personal data has increased the necessity of legal regulations. In 1995 Directive 95/46/EC, the first framework legal regulation in the field of personal data protection in European Union law, entered into force. Later, due to the need for more detailed regulations with the advancement of technology and the inability of Directive 95/46/EC to ensure uniformity in this field, the need for re-regulation was felt and thus, the European Union General Data Protection Regulation (the GDPR) was adopted in May 2016. Considering the Turkish law, the Personal Data Protection Law (the PDPL), which is the first framework law prepared on the basis of Directive 95/46/EC, entered into force in 2016. The question of whether the PDPL is incomplete in terms of the innovations brought by the repeal of Directive 95/46/EC and the adoption of the GDPR has been raised and the need to carry out this study has been felt. In this study, firstly, the legal nature of personal data protection law and its historical development in Turkish and European law are emphasised and the legal regulations in Turkey and the European Union in this field are mentioned. Secondly, the basic concepts and the principles and conditions of data processing are explained. Afterwards, based on the guidance of the GDPR, the rights of the data subject and then the obligations of the controller are detailed. Finally, the various means of protection of personal data are discussed within the framework of the application to the controller, administrative sanctions, criminal sanctions and general regulations, and the deficiencies of the PDPL are addressed. The aim of this study is to reveal the harmonisation and differences between the provisions of the GDPR and the PDPL. Although it is seen that the PDPL is largely compatible with the GDPR in terms of basic principles, it is concluded that it would be beneficial to make changes and additions to the PDPL and to improve it according to the GDPR, especially in terms of issues such as liability, sanctions, individual rights and data protection measures.