ENGLISH

GDPR and its effects on the Brazilian Law: first impressions and a comparative analysis

By Diego Carvalho Machado; Davi Teofilo Nunes Oliveira; Lucas Costa dos Anjos; Luíza Couto Chaves Brand

Book information

Publisher
Institute for Research on Internet and Society - IRIS
Year
2018
Language
english
Format
PDF
Filesize
580 kB (594425 bytes)
Pages
34\34
Time added
2019-09-12 20:38:46

Description

The need for reflection about the European Union’s General Data Protection Regulation consequences on national and international areas is what motivates the Institute of Reference for Internet & Society – IRIS research team to study this subject. From a comparative perspective, not only in relation to Brazil, but also to Argentina, due to the unequivocal interfaces between the free movement of people, goods and services in MERCOSUL and national laws, it is sought to make an effort to foresee the GDPR effects on Brazilian and Argentinian legal systems. In addition, the conflicts and modifications likely to happen to governments, users and service providers are examined. Initially, the European Union’s General Data Protection Regulation design will be contextualized from the legal and jurisprudential framework that preceded it, outlining its most innovative concepts and the guiding principles of the new legislation. Next, we identify the extraterritorial elements of the new Regulation and its possible effects on Brazil. Finally, in a comparative analysis of the Argentinian legislation, this paper contextualizes current state of the art of data protection discussion in this important Latin American market, which is highly relevant to economic integration initiatives such as Mercosur. In final lines, recommendations are addressed regarding formation of a regional positioning about the course this subject will take in a global scope. 1. Introduction 2. The new european data protection regulation and its general outlines 2.1. Context previous to Regulation n. 2016/679 2.2. Legislative technique and GDPR key legal provisions 2.3. New rights established and informational environments 2.4. Fines and penalties for non-compliance 2.5. Partial analytical observations 3. Extraterritorial interfaces of the Regulation (EU) n. 2016/679 and its impacts on Brazil 3.1. The GDPR scope of application and extraterritoriality 3.2. Location of the data processing activity 3.3. International data transfer 4. Comparative analysis of the impacts of the Regulation (EU) n. 2016/679 on the Brazilian and Argentinian laws 4.1. Argentina 4.2. Brazil 5. Conclusions and recommendations 6. Bibliographic References 6.1. Books and book chapters 6.2. Scientific papers 6.3. Court decisions 6.4. Decisões judiciais 6.5. Other texts and documents

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