Confidencialidad y protección de datos en la mediación en la Unión Europea
Abstract: Mediation, confidentiality and data protection are very important issues in the 21st Century and are the subject of many studies. However, in rare cases the combination of these elements and the many legal requirements that are derived are analyzed. Proposals are made for improvement in th...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2018
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6629074 |
| Source: | IUS : revista del Instituto de Ciencias Jurídicas de Puebla, ISSN 1870-2147, null 12, Nº. 41, 2018 (Ejemplar dedicado a: Derecho y empresa: realidades, retos y perspectivas de los negocios digitales), pags. 311-341 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
Abstract: Mediation, confidentiality and data protection are very important issues in the 21st Century and are the subject of many studies. However, in rare cases the combination of these elements and the many legal requirements that are derived are analyzed. Proposals are made for improvement in the regulations and in the contractual frameworks for mediation. First this study analyzes confidentiality and its interaction with data protection. The obligated subjects are analyzed, the scope of the obligations, their duration and guarantees as well, lastly, the exceptions and restrictions to the confidentiality. The second approach is done from data protection, since all mediation involves a "processing" of data. That is why we analyze and make proposals regarding: the legitimation of data processing; the persons in charge of the treatment in the mediation; ARCO rights (Access, Rectification, Cancelation and Opposition), anonymization, security measures and platform design. Finally, the requirements for international data transfers in mediation are analyzed. |
|---|