Research Handbook on EU Tort Law
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Research Handbook on EU Tort Law

Edited by Paula Giliker

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
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Chapter 7: Data protection law

Marc Stauch

Abstract

This chapter looks at the emergence of data protection as a distinct area of law, including the European initiatives that led up to the enactment of the 1995 Data Protection Directive (and the continuation of that approach in the new 2016 Regulation). It discusses the relationship between this law and traditional privacy tort law concerns, suggesting that whereas tort law has the potential to protect against harm from the disclosure of propositional information, it is less suited to address more surreptitious risks arising from modern digital technology. After examining how the UK has implemented European data protection rules, including in key judicial decisions over the past 15 years, the chapter concludes by asking how far, in the light of Brexit, the UK may be tempted to follow a different model of regulation in the future, such as the US approach, with its lighter supervision of private sector data processing.

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