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• The Value of Personal Data in the Competition Law Assessment of the Facebook–WhatsApp Merger Case

  131-147

  Gábor Polyák

  Gábor Pataki

  Views:

  270

  The European Commission fined Facebook 110 million euros for giving misleading information within the merger procedure on acquiring the messaging service WhatsApp in 2014. The case reached a crossroad of competition law, data protection and consumer law. This was the first time the Commission imposed a fine on a company for inaccurate information since the merger regulation rules were established in 2004. Some authors criticized not only the Commission’s decision from 2017 which imposed the fine, but also the decision from 2014 in which the Commission had decided not to oppose the transaction. Some authors oppose tackling data collection issues through competition law, but some authors raise the question: is competition law enough to consider the case when personal data are involved, too? The controversial part of the decision is not about data protection law, but about the value of personal data from the perspective of competition law.

• Privacy Issues Regarding the Use of Web Cookies

  43-58

  Anita Boros

  Views:

  352

  EU cookie laws have been in place since 2011, but before the entry into force of the GDPR, the conditions for consent were interpreted differently across Europe. Since the GDPR came into effect, there has been a great deal of interest in how it applies to cookies and similar technologies. The GDPR updated the EU’s longstanding digital privacy framework, with key additions including tightening the rules around consent as a legal basis for processing personal data. The purpose of this study is to clarify for data controllers the rules they need to pay attention to, in order to ensure that the use of cookies on its websites is strictly in accordance with applicable laws

• Data Protection Requirements in the Relationship between Temporary-work Agency and User Undertaking

  70-82

  Anita Boros

  Barnabás Székely

  Views:

  169

  In temporary agency work the relationship between the temporary work agency and the user-undertaking is often not adequately or correctly understood in the context of the processing of personal data. This leads to a deterioration of protection of personal data as well as labour market rights and obligations. The purpose of this study is to explore when we can speak about a controller- processor, a joint controller or a controller- controller relationship, which will clarify who has to implement appropriate technical and organisational measures to ensure and to be able to demonstrate that the processing is performed in accordance with the Regulation.

• Some Legal Challenges of Digital Inheritance with Special Regard to Privacy

  84-98

  Petra Schubauer

  Views:

  295

  Digital inheritance, because of its complexity, cannot be considered uniformly. The elements of digital inheritance which can be considered as property are regulated by the law of succession. The personal elements of the digital inheritance are regulated by the right in memoriam and data protection laws. In the current Hungarian legal system the amendment of Act no. CXII of 2011 on the Right of Informational Self-Determination put the post-mortem privacy principle into regulatory form, in addition to the right to respect for the deceased which provides legal protection against violation of the memory of a deceased person.

• Certain Data Protection Issues of Innovations Affecting the Insurance Business in the Light of the GDPR

  62-83

  Mário Certicky

  Views:

  144

  Technological innovations affect many sectors of the economy, including the insurance business. Among these innovations, IoT-based (Internet of Things) solutions can be highlighted, the main feature of which is that real-time and continuous data collection is performed using the Internet, thus optimizing the risk management of the insurer. Given that a significant part of the data thus collected constitutes personal data, so the rules of the General Data Protection Regulation (GDPR) should apply. The data protection examination of the technologies affecting the insurance institution raises several issues which, in my view, significantly impede the application of these technological achievements. The study aims to explore these problems and make an attempt to make proposals to solve them.

• Developing Blockchain-Based Distributed AI for Personal Data Protection

  9-27

  Dániel Eszteri

  Views:

  572

  The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making built on blockchain-based data processing in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. My hypothesis is that because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply with some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. For the sake of better understanding, I presented the human mind and its ‘uploading’ with conscious and unconscious content as an analogy to blockchain-based AI systems. My goal is to highlight that the fusion of blockchain and machine learning-based AI can be a suitable technology to develop serious automated decision-making systems (so-called ‘distributed AI’). The compliance of these distributed AI systems with data protection law principles is a key issue regarding the very serious risks posed by them.