KOŠČÍK, Michal and Matěj MYŠKA. Data protection and codes of conduct in collaborative research. Technology. 2018, vol. 32, No 1, p. 141-154. ISSN 1364-6885.
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Original name Data protection and codes of conduct in collaborative research
Authors KOŠČÍK, Michal (203 Czech Republic, guarantor, belonging to the institution) and Matěj MYŠKA (203 Czech Republic, belonging to the institution).
Edition Technology, 2018, 1364-6885.
Other information
Original language English
Type of outcome Article in a journal
Field of Study Legal sciences
Country of publisher United Kingdom of Great Britain and Northern Ireland
Confidentiality degree is not subject to a state or trade secret
WWW URL
RIV identification code RIV/00216224:14220/18:00100783
Organization Právnická fakulta – Repository – Repository
Keywords in English GDPR; code of conduct; self-regulation
Links GA15-20763S, research and development project.
Changed by Changed by: RNDr. Daniel Jakubík, učo 139797. Changed: 5/9/2020 04:26.
Abstract
The article aims to describe the current status quo of codes of conduct applied by research institutions to manage data protection issues in light of the General Data Protection Regulation (GDPR). We assessed whether the current codes of conduct meet the criteria of codes of conduct as defined by Article 40 of the GDPR. We have found that there are very few ‘codes of conduct’ or good practices that would meet the definition set out in Article 40 of the GDPR. We have found that universities and research institutions had neither the incentives nor the resources to create internationally binding codes of conduct and settled for declarative documents or internal guidelines. A good level of compliance with the Data Protection Directive and national laws was adopted even without codes of conduct which would apply beyond a single institution or grant agency. We have identified that the demand and need for binding codes of conduct are increasing, albeit only in specific research fields. The main incentive is international cooperation, the need for the standardization of data protocols, and most likely fear of high sanctions introduced by GDPR.
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