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Data Protection
Comment Column
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Section 2(4). right to bring actions for damages or injunctive relief in the civil court is implied under the Act — see sections 55(3)(b), 58(2) and 60(6)(b). Since such rights exist under EU law the requirement of Section 60(2)(b) that the Act be interpreted in line with EU law also implies that such rights subsist under the Act. 19 Section 36(8). 20 The Competition Act 1998 (Determination of Turnover for Penalties) Order 2000 SI 2000/309. 21 Sections 26, 27 and 28. 22 Sections 42(6) and (7). 23 Chapter I — Sections 12–16 and Schedule 5; Chapter II — Sections 20–24 and Schedule 6. 24 Section 60(2)(b). 25 “The 1984 IBM Undertaking, Commission’s Monitoring and Practical Effects”, in Lomholt (Head of Unit IV-C-3) Competition Policy News Letter, [1998] October 3, p. 7. 18 The
26 See Commission Press Release 10 February 2000, which also sets out the history of the Commission’s investigations into Microsoft. 27 See Commission Press Release IP/97/868 of 10 October 1997. 28 See the Commission White Paper on Modernization of the Rules Implementing Articles 81 and 82 of the EC Treaty (COM (1999) 101 Final; OJC 132 12.5. 99, p. 1). 29 Case: Liptons Cash Registers and Business Equipment Ltd v. Hugin Kassaregister AB (Case 78/68) [1978] OJ L22, 22.1.78 p. 23; on appeal: Hugin Kassaregister AB v. EC Commission [1979] ECR 1896. 30 “After market power in the computer services market: the Digital undertaking” by Philip Andrews in [1998] ECLR 176). 31 ibid-7.
BOOK REVIEW Data Protection A Business Guide to Changes in European Data Protection Legislation, by Cullen International, 1999, hard-cover, Kluwer Law International, 322 pp., ISBN 90 411 1032 1. The prime purpose of this guide is to assist companies in their understanding and preparation for the implementation of the two data protection directives — the ‘General Directive’ (95/46/EC) and ‘Telecommunications Directive’ (97/66/EC) introduced in the past few years.These measures are likely to have a significant impact on businesses that will need an informed view of the subject, which is what this guide intends.The main part of the work begins with a business overview of the General Directive, followed by an article-by-article analysis of the content.This is followed by similar treatment of the Telecommunications Sector-specific Directive. Finally there is an overview of the institutions and political processes in the European Union and in the European economic area, with the aim of providing necessary background information for an understanding of how the directives will be implemented and updated in future.With this book comes a demonstration disk of the hypertext version of the guide which can be purchased separately. Available from Kluwer Law International, PO Box 322, 3300 AH, Dordrecht, The Netherlands; Tel: +1 617 354 0140 (US/Americas) or +31 78 654 6454 (rest of world). To purchase the full hypertext version (price Dfl.880, £299, US$475), contact Kluwer Law International at PO Box 23, 7400 GA, Deventer, The Netherlands, Tel: +31 570 647 324.
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Section 2(4). right to bring actions for damages or injunctive relief in the civil court is implied under the Act — see sections 55(3)(b), 58(2) and 60(6)(b). Since such rights exist under EU law the requirement of Section 60(2)(b) that the Act be interpreted in line with EU law also implies that such rights subsist under the Act. 19 Section 36(8). 20 The Competition Act 1998 (Determination of Turnover for Penalties) Order 2000 SI 2000/309. 21 Sections 26, 27 and 28. 22 Sections 42(6) and (7). 23 Chapter I — Sections 12–16 and Schedule 5; Chapter II — Sections 20–24 and Schedule 6. 24 Section 60(2)(b). 25 “The 1984 IBM Undertaking, Commission’s Monitoring and Practical Effects”, in Lomholt (Head of Unit IV-C-3) Competition Policy News Letter, [1998] October 3, p. 7. 18 The
26 See Commission Press Release 10 February 2000, which also sets out the history of the Commission’s investigations into Microsoft. 27 See Commission Press Release IP/97/868 of 10 October 1997. 28 See the Commission White Paper on Modernization of the Rules Implementing Articles 81 and 82 of the EC Treaty (COM (1999) 101 Final; OJC 132 12.5. 99, p. 1). 29 Case: Liptons Cash Registers and Business Equipment Ltd v. Hugin Kassaregister AB (Case 78/68) [1978] OJ L22, 22.1.78 p. 23; on appeal: Hugin Kassaregister AB v. EC Commission [1979] ECR 1896. 30 “After market power in the computer services market: the Digital undertaking” by Philip Andrews in [1998] ECLR 176). 31 ibid-7.
BOOK REVIEW Data Protection A Business Guide to Changes in European Data Protection Legislation, by Cullen International, 1999, hard-cover, Kluwer Law International, 322 pp., ISBN 90 411 1032 1. The prime purpose of this guide is to assist companies in their understanding and preparation for the implementation of the two data protection directives — the ‘General Directive’ (95/46/EC) and ‘Telecommunications Directive’ (97/66/EC) introduced in the past few years.These measures are likely to have a significant impact on businesses that will need an informed view of the subject, which is what this guide intends.The main part of the work begins with a business overview of the General Directive, followed by an article-by-article analysis of the content.This is followed by similar treatment of the Telecommunications Sector-specific Directive. Finally there is an overview of the institutions and political processes in the European Union and in the European economic area, with the aim of providing necessary background information for an understanding of how the directives will be implemented and updated in future.With this book comes a demonstration disk of the hypertext version of the guide which can be purchased separately. Available from Kluwer Law International, PO Box 322, 3300 AH, Dordrecht, The Netherlands; Tel: +1 617 354 0140 (US/Americas) or +31 78 654 6454 (rest of world). To purchase the full hypertext version (price Dfl.880, £299, US$475), contact Kluwer Law International at PO Box 23, 7400 GA, Deventer, The Netherlands, Tel: +31 570 647 324.
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