Defining personal data transfers for the context of the General Data Protection Regulation
In: Privacy in Germany: PinG ; Datenschutz und Compliance, Heft 1
ISSN: 2196-9817
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In: Privacy in Germany: PinG ; Datenschutz und Compliance, Heft 1
ISSN: 2196-9817
In: Cybercrime: New Threats, New Responses (Proceedings of the XVth International Conference on Internet, Law & Politics. Universitat Oberta de Catalunya, Barcelona, 1-2 July, 2020), e-book, Huygens Editorial 2020, available at http://symposium.uoc.edu/30247/files/xv-congreso-idp_-cybercrime_-new-threat
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In: Laura Drechsler, 'Comparing LED and GDPR Adequacy: One Standard Two Systems', (2020), 1, Global Privacy Law Review, Issue 2, pp. 93-103, https://kluwerlawonline.com/journalarticle/Global+Privacy+Law+Review/1.2/GPLR2020081
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In: Jusletter IT, 21 February 2019
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In: Laura Drechsler, Data as Counter-performance: A New Way Forward or a Step Back for the Fundamental Right of Data Protection?, in: Jusletter IT 22. February 2018
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In: Amsterdam Law School Research Paper No. 2022-59
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In: "Research Handbook on EU data protection" edited by Kosta, Eleni and Leenes, Ronald, Edward Elgar Publishing Ltd., Forthcoming
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In the age of the large-scale collection, aggregation, and analysis of personal data ('Big Data'), merchants can generate complex profiles of consumers. Based on those profiles, algorithms can then try and match customers with the highest price they are willing to pay. But this entails the risk that pricing algorithms rely on certain personal characteristics of individuals that are protected under both data protection and anti-discrimination law. For instance, relying on the user's ethnic origin to determine pricing may trigger the special protection foreseen for sensitive personal data and the prohibition of discrimination in access to goods and services. Focusing on European Union law, this article seeks to answer the following question: What protection do data protection law and anti-discrimination law provide for individuals against discriminatory pricing decisions taken by algorithms? Its originality resides in an analysis that combines the approaches of these two disciplines, presenting the commonalities, advantages from an integrated approach, and misalignments currently existing at the intersection of EU data protection and anti-discrimination law.
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Working paper
In the age of the large-scale collection, aggregation, and analysis of personal data ('Big Data'), merchants can generate complex profiles of consumers. Based on those profiles, algorithms can then try and match customers with the highest price they are willing to pay. But this entails the risk that pricing algorithms rely on certain personal characteristics of individuals that are protected under both data protection and anti-discrimination law. For instance, relying on the user's ethnic origin to determine pricing may trigger the special protection foreseen for sensitive personal data and the prohibition of discrimination in access to goods and services. Focusing on European Union law, this article seeks to answer the following question: What protection do data protection law and anti-discrimination law provide for individuals against discriminatory pricing decisions taken by algorithms? Its originality resides in an analysis that combines the approaches of these two disciplines, presenting the commonalities, advantages from an integrated approach, and misalignments currently existing at the intersection of EU data protection and anti-discrimination law.
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In: Oxford scholarship online
This title provides an article-by-article commentary on the EU's General Data Protection Regulation. Edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors, the book provides a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, allowing the reader to easily and quickly elucidate the meaning of individual articles.
In: CiTiP Working Paper 2023
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At a time where companies process massive amounts of personal data enabling them to generate complex profiles of consumers, the question how the fundamental rights of data protection and nondiscrimination in the European Union (EU) can still guard individuals against abuses arises with special impetus. Although the issue of "price discrimination" via algorithms has been analysed from the standpoint of how these algorithms are designed and in relation to the General Data Protection Regulation (GDPR), an enquiry into how antidiscrimination law specifically interacts with data protection law remains crucial to understand how individuals are protected in their access to goods and services, especially in the context of pricing algorithms.
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At a time where companies process massive amounts of personal data enabling them to generate complex profiles of consumers, the question how the fundamental rights of data protection and nondiscrimination in the European Union (EU) can still guard individuals against abuses arises with special impetus. Although the issue of "price discrimination" via algorithms has been analysed from the standpoint of how these algorithms are designed and in relation to the General Data Protection Regulation (GDPR), an enquiry into how antidiscrimination law specifically interacts with data protection law remains crucial to understand how individuals are protected in their access to goods and services, especially in the context of pricing algorithms.
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