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Book part
Publication date: 19 July 2022

Claire Farrugia, Simon Grima and Kiran Sood

Purpose: This chapter sets out to lay out and analyse the effectiveness of the General Data Protection Regulation (GDPR), a recently established European Union (EU) regulation, in…

Abstract

Purpose: This chapter sets out to lay out and analyse the effectiveness of the General Data Protection Regulation (GDPR), a recently established European Union (EU) regulation, in the local insurance industry.

Methodology: This was done through a systematic literature review to determine what has already been done and then a survey as a primary research tool to gather information. The survey was aimed at clients and employees of insurance entities.

Findings: The general results are that effectiveness can be segmented into different factors and vary regarding the respondents’ confidence. Other findings include that the GDPR has increased costs, and its expectations are unclear. These findings suggest that although the GDPR was influential in the insurance market, some issues about this regulation still exist.

Conclusions: GDPR fulfils its purposes; however, the implementation process of this regulation can be facilitated if better guidelines are issued for entities to follow to understand its expectations better and follow the law and fulfil its purposes most efficiently.

Practical implications: These conclusions imply that the GDPR can be improved in the future. Overall, as a regulation, it is suitable for the different member states of the EU, including small states like Malta.

Details

Big Data: A Game Changer for Insurance Industry
Type: Book
ISBN: 978-1-80262-606-3

Keywords

Article
Publication date: 5 April 2024

Jawahitha Sarabdeen and Mohamed Mazahir Mohamed Ishak

General Data Protection Regulation (GDPR) of the European Union (EU) was passed to protect data privacy. Though the GDPR intended to address issues related to data privacy in the…

Abstract

Purpose

General Data Protection Regulation (GDPR) of the European Union (EU) was passed to protect data privacy. Though the GDPR intended to address issues related to data privacy in the EU, it created an extra-territorial effect through Articles 3, 45 and 46. Extra-territorial effect refers to the application or the effect of local laws and regulations in another country. Lawmakers around the globe passed or intensified their efforts to pass laws to have personal data privacy covered so that they meet the adequacy requirement under Articles 45–46 of GDPR while providing comprehensive legislation locally. This study aims to analyze the Malaysian and Saudi Arabian legislation on health data privacy and their adequacy in meeting GDPR data privacy protection requirements.

Design/methodology/approach

The research used a systematic literature review, legal content analysis and comparative analysis to critically analyze the health data protection in Malaysia and Saudi Arabia in comparison with GDPR and to see the adequacy of health data protection that could meet the requirement of EU data transfer requirement.

Findings

The finding suggested that the private sector is better regulated in Malaysia than the public sector. Saudi Arabia has some general laws to cover health data privacy in both public and private sector organizations until the newly passed data protection law is implemented in 2024. The finding also suggested that the Personal Data Protection Act 2010 of Malaysia and the Personal Data Protection Law 2022 of Saudi Arabia could be considered “adequate” under GDPR.

Originality/value

The research would be able to identify the key principles that could identify the adequacy of the laws about health data in Malaysia and Saudi Arabia as there is a dearth of literature in this area. This will help to propose suggestions to improve the laws concerning health data protection so that various stakeholders can benefit from it.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 8 June 2020

Vasiliki Diamantopoulou, Aggeliki Tsohou and Maria Karyda

This paper aims to identify the controls provisioned in ISO/IEC 27001:2013 and ISO/IEC 27002:2013 that need to be extended to adequately meet, data protection requirements set by…

Abstract

Purpose

This paper aims to identify the controls provisioned in ISO/IEC 27001:2013 and ISO/IEC 27002:2013 that need to be extended to adequately meet, data protection requirements set by the General Data Protection Regulation (GDPR); it also indicates security management actions an organisation needs to perform to fulfil GDPR requirements. Thus, ISO/IEC 27001:2013 compliant organisations, can use this paper as a basis for extending the already existing security control modules towards data protection; and as guidance for reaching compliance with the regulation.

Design/methodology/approach

This study has followed a two-step approach; first, synergies between ISO/IEC 27001:2013 modules and GDPR requirements were identified, by analysing all 14 control modules of the ISO/IEC 27001:2013 and proposing the appropriate actions towards the satisfaction of data protection requirements. Second, this paper identified GDPR requirements not addressed by ISO/IEC 27001:2013.

Findings

The findings of this work include the identification of the common ground between the security controls that ISO/IEC 27001:2013 includes and the requirements that the GDPR imposes; the actions that need to be performed based on these security controls to adequately meet the data protection requirements that the GDPR imposes; and the identification of the remaining actions an ISO/IEC 27001 compliant organisation needs to perform to be able to adhere with the GDPR.

Originality/value

This paper provides a gap analysis and a further steps identification regarding the additional actions that need to be performed to allow an ISO/IEC 27001:2013 certified organisation to be compliant with the GDPR.

Details

Information & Computer Security, vol. 28 no. 4
Type: Research Article
ISSN: 2056-4961

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Article
Publication date: 3 June 2019

Gonçalo Almeida Teixeira, Miguel Mira da Silva and Ruben Pereira

The digital paradigm people live in today, which drastically increased the consumption of data, is a threat to their privacy. To create a high level of privacy protection for its…

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Abstract

Purpose

The digital paradigm people live in today, which drastically increased the consumption of data, is a threat to their privacy. To create a high level of privacy protection for its citizens, the European Union proposed the General Data Protection Regulation (GDPR), which introduces obligations for organizations regarding the storing, processing, collecting and disclosing of data. This paper aims to identify the critical success factors of GDPR implementation.

Design/methodology/approach

A systematic literature review was conducted by following a strict review protocol, where 32 documents were found relevant to perform the review and to answer to the proposed research questions.

Findings

The critical success factors of GDPR implementation were identified, including barriers and enablers. Furthermore, benefits of complying with GDPR were identified.

Research limitations/implications

As GDPR is a relatively recent subject, there are still few scientific papers about it. Therefore, the authors were unable to neither identify nor present a robust conclusion regarding specific topics, such as practical outcomes.

Originality/value

On the basis of the literature, the identified critical success factors may be useful for organizations as these can be better prepared to achieve compliance by prioritizing the enablers and avoiding the barriers.

Details

Digital Policy, Regulation and Governance, vol. 21 no. 4
Type: Research Article
ISSN: 2398-5038

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Article
Publication date: 22 June 2022

José Fernandes, Carolina Machado and Luís Amaral

On May 25, 2018, the General Data Protection Regulation (GDPR) became mandatory for all organizations that handle the personal data of European Union citizens. This exploratory…

Abstract

Purpose

On May 25, 2018, the General Data Protection Regulation (GDPR) became mandatory for all organizations that handle the personal data of European Union citizens. This exploratory study aims to determine the critical success factors (CSFs) related to implementing the GDPR in Portuguese public higher education institutions (HEIs).

Design/methodology/approach

This study adopts a multimethod methodology with qualitative and quantitative methods. A multiple case study was carried out in Portuguese public universities. As procedures for data collecting and analysis, semistructured interviews with 26 questions were conducted with the data protection officers of these universities during May and July 2019 to derive a set of CSFs. Next, the Delphi method has been applied to determine the ranking of the CSFs. The hierarchical clusters analysis has also been applied to determine the cluster with essential CSFs. To derive the CSF, the method by Caralli et al. (2004) has been applied.

Findings

This study has identified the list of 16 CSFs related to the implementation of GDPR in HEIs, among which we can highlight, for instance, empower workers on the GDPR; commit top management with the GDPR; implement the GDPR with the involvement of management and workers; create a culture for data protection; and create a decentralized team of pivots for data protection.

Research limitations/implications

It could have been more enriching in the CSF determination process if all Portuguese public universities had participated in this study. In fact, within their many similarities, universities are also very different in approaching privacy and data protection. New studies are needed to determine whether the CSFs identified apply equally to other organizations, namely, private HEIs with less bureaucracy.

Originality/value

Identifying CSFs related to GDPR implementation in Portuguese public universities is a new area of study. This paper is a contribution to its development.

Details

Digital Policy, Regulation and Governance, vol. 24 no. 4
Type: Research Article
ISSN: 2398-5038

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Article
Publication date: 20 September 2019

Nazar Poritskiy, Flávio Oliveira and Fernando Almeida

The implementation of European data protection is a challenge for businesses and has imposed legal, technical and organizational changes for companies. This study aims to explore…

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Abstract

Purpose

The implementation of European data protection is a challenge for businesses and has imposed legal, technical and organizational changes for companies. This study aims to explore the benefits and challenges that companies operating in the information technology (IT) sector have experienced in applying the European data protection. Additionally, this study aims to explore whether the benefits and challenges faced by these companies were different considering their dimension and the state of implementation of the regulation.

Design/methodology/approach

This study adopts a quantitative methodology, based on a survey conducted with Portuguese IT companies. The survey is composed of 30 questions divided into three sections, namely, control data; assessment; and benefits and challenges. The survey was created on Google Drive and distributed among Portuguese IT companies between March and April of 2019. The data were analyzed using the Stata software using descriptive and inferential analysis techniques using the ANOVA one-way test.

Findings

A total of 286 responses were received. The main benefits identified by the application of European data protection include increased confidence and legal clarification. On the other hand, the main challenges include the execution of audits to systems and processes and the application of the right to erasure. The findings allow us to conclude that the state of implementation of the general data protection regulation (GDPR), and the type of company are discriminating factors in the perception of benefits and challenges.

Research limitations/implications

This study has essentially practical implications. Based on the synthesis of the benefits and challenges posed by the adoption of European data protection, it is possible to assess the relative importance and impact of the benefits and challenges faced by companies in the IT sector. However, this study does not explore the type of challenges that are placed at each stage of the adoption of European data protection and does not take into account the specificities of the activities carried out by each of these companies.

Originality/value

The implementation of the GDPR is still in an initial phase. This study is pioneering in synthesizing the main benefits and challenges of its adoption considering the companies operating in the IT sector. Furthermore, this study explores the impact of the size of the company and the status of implementation of the GDPR on the perception of the established benefits and challenges.

Details

Digital Policy, Regulation and Governance, vol. 21 no. 5
Type: Research Article
ISSN: 2398-5038

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Article
Publication date: 9 August 2021

Luís Leite, Daniel Rodrigues dos Santos and Fernando Almeida

This paper aims to explore the changes imposed by the general data protection regulation (GDPR) on software engineering practices. The fundamental objective is to have a…

Abstract

Purpose

This paper aims to explore the changes imposed by the general data protection regulation (GDPR) on software engineering practices. The fundamental objective is to have a perception of the practices and phases that have experienced the greatest changes. Additionally, it aims to identify a set of good practices that can be adopted by software engineering companies.

Design/methodology/approach

This study uses a qualitative methodology through four case studies involving Portuguese software engineering companies. Two of these companies are small and medium enterprises (SMEs) while the other remaining two are micro-companies. The thematic analysis is adopted to identify patterns in the performed interviews.

Findings

The findings indicate that significant changes have occurred at all stages of software development. In particular, the initial stages of identifying requirements and modeling processes were the stages that experienced the greatest changes. On the opposite, the technical development phase has not noticeably changed but, nevertheless, it is necessary to look at the importance of training software developers for GDPR rules and practices.

Research limitations/implications

Two relevant limitations were identified as follows: only four case studies involving micro-companies and SMEs were considered, and only the traditional software development methodology was considered. The use of agile methodologies was not explored in this study and the findings can only be mainly applied to the waterfall model.

Originality/value

This study offers mainly practical contributions by identifying a set of challenges that are posed to software engineering companies by the implementation of GDPR. Through their knowledge, it is expected to help these companies to better prepare themselves and anticipate the challenges they will necessarily face.

Details

Information & Computer Security, vol. 30 no. 1
Type: Research Article
ISSN: 2056-4961

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Article
Publication date: 14 April 2023

Gjoko Stamenkov

The purpose of this general review is to address the evolution and development of the Fair Information Practice Principles (FIPPs).

Abstract

Purpose

The purpose of this general review is to address the evolution and development of the Fair Information Practice Principles (FIPPs).

Design/methodology/approach

This study presents FIPPs from several establishments, compare them and map them to the General Data Protection Regulation (GDPR). Additionally, this study presents and discuss similarities and differences among FIPP sets.

Findings

Although the subject matter of the FIPP sets is very similar, there are differences: their scope differs significantly. The comparison among FIPP sets is presented, and it provides relevant information related to the connectedness between privacy principles.

Originality/value

This study considers the GDPR to be the pinnacle of the efforts to improve personal data protection; it became a role model for other countries to implement similar regulations.

Details

International Journal of Law and Management, vol. 65 no. 3
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 18 January 2024

Yelena Smirnova and Victoriano Travieso-Morales

The general data protection regulation (GDPR) was designed to address privacy challenges posed by globalisation and rapid technological advancements; however, its implementation…

Abstract

Purpose

The general data protection regulation (GDPR) was designed to address privacy challenges posed by globalisation and rapid technological advancements; however, its implementation has also introduced new hurdles for companies. This study aims to analyse and synthesise the existing literature that focuses on challenges of GDPR implementation in business enterprises, while also outlining the directions for future research.

Design/methodology/approach

The methodology of this review follows the preferred reporting items for systematic reviews and meta-analysis guidelines. It uses an extensive search strategy across Scopus and Web of Science databases, rigorously applying inclusion and exclusion criteria, yielding a detailed analysis of 16 selected studies that concentrate on GDPR implementation challenges in business organisations.

Findings

The findings indicate a predominant use of conceptual study methodologies in prior research, often limited to specific countries and technology-driven sectors. There is also an inclination towards exploring GDPR challenges within small and medium enterprises, while larger enterprises remain comparatively unexplored. Additionally, further investigation is needed to understand the implications of emerging technologies on GDPR compliance.

Research limitations/implications

This study’s limitations include reliance of the search strategy on two databases, potential exclusion of relevant research, limited existing literature on GDPR implementation challenges in business context and possible influence of diverse methodologies and contexts of previous studies on generalisability of the findings.

Originality/value

The originality of this review lies in its exclusive focus on analysing GDPR implementation challenges within the business context, coupled with a fresh categorisation of these challenges into technical, legal, organisational, and regulatory dimensions.

Details

International Journal of Law and Management, vol. 66 no. 3
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 13 February 2019

Darra Hofman, Victoria Louise Lemieux, Alysha Joo and Danielle Alves Batista

This paper aims to explore a paradoxical situation, asking whether it is possible to reconcile the immutable ledger known as blockchain with the requirements of the General Data

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Abstract

Purpose

This paper aims to explore a paradoxical situation, asking whether it is possible to reconcile the immutable ledger known as blockchain with the requirements of the General Data Protection Regulations (GDPR), and more broadly privacy and data protection.

Design/methodology/approach

This paper combines doctrinal legal research examining the GDPR’s application and scope with case studies examining blockchain solutions from an archival theoretic perspective to answer several questions, including: What risks are blockchain solutions said to impose (or mitigate) for organizations dealing with data that is subject to the GDPR? What are the relationships between the GDPR principles and the principles of archival theory? How can these two sets of principles be aligned within a particular blockchain solution? How can archival principles be applied to blockchain solutions so that they support GDPR compliance?

Findings

This work will offer an initial exploration of the strengths and weaknesses of blockchain solutions for GDPR compliant information governance. It will present the disjunctures between GDPR requirements and some current blockchain solution designs and implementations, as well as discussing how solutions may be designed and implemented to support compliance. Immutability of information recorded on a blockchain is a differentiating positive feature of blockchain technology from the perspective of trusted exchanges of value (e.g. cryptocurrencies) but potentially places organizations at risk of non-compliance with GDPR if personally identifiable information cannot be removed. This work will aid understanding of how blockchain solutions should be designed to ensure compliance with GDPR, which could have significant practical implications for organizations looking to leverage the strengths of blockchain technology to meet their needs and strategic goals.

Research limitations/implications

Some aspects of the social layer of blockchain solutions, such as law and business procedures, are also well understood. Much less well understood is the data layer, and how it serves as an interface between the social and the technical in a sociotechnical system like blockchain. In addition to a need for more research about the data/records layer of blockchains and compliance, there is a need for more information governance professionals who can provide input on this layer, both to their organizations and other stakeholders.

Practical implications

Managing personal data will continue to be one of the most challenging, fraught issues for information governance moving forward; given the fairly broad scope of the GDPR, many organizations, including those outside of the EU, will have to manage personal data in compliance with the GDPR. Blockchain technology could play an important role in ensuring organizations have easily auditable, tamper-resistant, tamper-evident records to meet broader organizational needs and to comply with the GDPR.

Social implications

Because the GDPR professes to be technology-neutral, understanding its application to novel technologies such as blockchain provides an important window into the broader context of compliance in evolving information governance spaces.

Originality/value

The specific question of how GDPR will apply to blockchain information governance solutions is almost entirely novel. It has significance to the design and implementation of blockchain solutions for recordkeeping. It also provides insight into how well “technology-neutral” laws and regulations actually work when confronted with novel technologies and applications. This research will build upon significant bodies of work in both law and archival science to further understand information governance and compliance as we are shifting into the new GDPR world.

Details

Records Management Journal, vol. 29 no. 1/2
Type: Research Article
ISSN: 0956-5698

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