scholarly journals Legal Framework for Data Processing in Employee Fluctuation Risk Analysis – the European Regulation from a German Perspective

10.15771/2824 ◽  
2021 ◽  
Author(s):  
Martina Mittendorf
Keyword(s):  
Personal Data ◽  
Data Interpretation ◽  
Legal Framework ◽  
European Regulation ◽  
Legal Situation ◽  
Human Resources Managers ◽  
Interpretation Process ◽  
Hr Managers ◽  
Near Future ◽  
A Company

In connection with the management of employee retention many Human Resources Managers feel the need to know who of their employees might leave the company in the near future. The more a company knows about the motives of those who might leave, the easier it is to get in contact with them. Thus it is not surprising that the HR Managers want to try to combine all the data they have or can get in order to predict the behavior of their employees. It is evident that the interpretation of data-combinations can give inaccurate predictions of the probability of departure of an employee, and it is undesirable for this data-interpretation process to create a negative image of an employee. It is a sensitive issue for all parties involved, because managers want to retain the “good people” and keep the company going; on the other hand many employees are afraid of having all details of their work be observed. The uncertainties can hopefully be best dealt with by talking with each other. However, it is worth taking a look at the European legal situation in order to determine if these analyses are permitted at all. Therefore it is necessary to examine whether and under what conditions an analysis of employee fluctuation risk is compatible with the GDPR, which has been applicable since May 25th, 2018, and which places special conditions on the processing of personal data in Europe.

scholarly journals AUTOMATED DECISION MAKING IN ADMINISTRATIVE PROCEDURE – MYTH OR REALITY?

2021 ◽  
Vol 25 (3) ◽  
Author(s):  
Zoran R. Jovanovic ◽  
Stefan Andonović
Keyword(s):  
Decision Making ◽  
Personal Data ◽  
Legal Framework ◽  
Electronic Government ◽  
Personal Data Protection ◽  
Administrative Procedure ◽  
The Law ◽  
The Republic ◽  
Automated Decision Making ◽  
Near Future

In this paper the authors analyze the possibility of automated decision making in the administrative procedure, as one of the aspects of the development of e-administration. Services of e-administration are developing and expanding to numerous aspects of administrative work, with administrative decision-making being one of the most important and intriguing aspect. Having that in mind, the authors defined the term automated decision making and researched the question whether the legal framework of the Republic of Serbia enables the implementation of new, digital forms of administrative decision making. For that purpose, relevant provisions of the Law on General Administrative Procedure, the Law on Electronic Government and the Law on Personal Data Protection have been analyzed. The authors identified the situations of general administrative procedure within which it would be possible to consider practically, and in the near future normatively as well, the introduction of an automated decision making in the administrative procedure. A lesser portion of the paper is dedicated to the prerequisites and risks related to human rights and liberties when it comes to automated decision making in the administrative procedure.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

scholarly journals Cuestiones actuales del régimen jurídico-administrativo de las Cajas de ahorros españolas

2005 ◽  
pp. 31
Author(s):  
Ana Belén Casares Marcos
Keyword(s):  
Corporate Governance ◽  
Market Economy ◽  
Financial Market ◽  
Financial System ◽  
Legal Framework ◽  
Market Reform ◽  
Credit Institution ◽  
Savings Banks ◽  
Legal Situation ◽  
And Performance

Las reformas legislativas que han afectado en los últimos tiempos a la organización y el funcionamiento del sistema financiero español han tenido una especial repercusión en el ámbito de las cajas de ahorros. La tramitación parlamentaria de la Ley 44/2002, de 22 de noviembre, de Medidas de Reforma del Sistema Fianciero, reavivó el debate sobre su régimen jurídico y la necesidad de acotar la intervención pública en su seno. Ahonda en ello la Ley 26/2003 , de 17 de julio, de Transparencia, que extiende al ámbito de las cajas la preocupación por el corporate governance. Ambas normas responden a la necesidad de dar respuesta a algunos de los problemas más inmediatos a que se enfrentan estas entidades, si bien adolecen de un defecto fundamental por cuanto no abordan de forma exhaustiva la regulación de la institución. Se perpetúa así la trayectoria tradicional de "parcheo" del régimen jurídico aplicable a las mismas, evitando entrar en la cuestión esencial de la definición de su naturaleza jurídica y abocando a las cajas, en consecuencia, al díficil reto de acompasar su vocación social tradicional a las nuevas exigencias legales en pro de una mayor eficiencia, racionalidad y neutralidad de su acitividad económica.<br /><br />Recent legal changes pertaining to the organization and performance of the Spanish financial system have had significant repercussions on the savings banks sector. The law on financial market reform passed in 2002, Ley Financiera, raised once again the debate on their legal situation and the urge to cut down public influence on their management. The 2003 Transparency Law, Ley de Transparencia, follows this reform and extends corporate governance to Spanish savings banks. Both Laws seek to confront some of the most important issues raised by these credit institutions, but they also share the flaw of not regulating its legal framework and status completely. They continue, therefore, to add "patches" to the savings banks legislation, challenging these institutions to combine its function as a credit institution in a market economy and its position as a social foundation

scholarly journals DOCTRINAL BASICS OF THE LEGAL TECHNIQUE: COMPARATIVE ANALYSIS WITHIN THE EUROPEAN LEGAL FRAMEWORK

2014 ◽  
Vol 2 ◽  
pp. 177-185
Author(s):  
Alexander Malko ◽  
Margarita Kostenko
Keyword(s):  
Legal Framework ◽  
The Political ◽  
Historical Period ◽  
Social Transformations ◽  
Democratic Development ◽  
Legal Standards ◽  
European Cooperation ◽  
Legal Situation ◽  
Political Economic ◽  
Standards Harmonization

The legal technique was initially developed as a kind of “interpreter” for the legislative will in the legal language using a specific ingenuity of legal engineering. Historically, the theoretical base of the legal technique was formed on a phased basis, essentially stimulated by state reforms, social transformations, and active legislation systematization. It should be mentioned here that legal technique is a distinctive category reflecting the political, economic, and legal situation in the historical period of a certain state development, but being extra-national in itself.The resource harmonization of the legal technique within the European legal framework means norm-setting regulations, coordination, and elaboration of common recommendations for the European countries. The cooperation in the legal technique standards harmonization will require the all-European cooperation to the new level as far as legal standards, human rights, democratic development, legitimacy and cultural cooperation are concerned.

scholarly journals Virtualization technologies and information system security

2021 ◽  
Vol 16 (91) ◽  
pp. 6-13
Author(s):  
Tatyana A. Puzynya ◽  
◽  
Irina V. Lokhtina ◽  
Ekaterina A. Vlasova ◽  
◽  
...  
Keyword(s):  
Human Life ◽  
Personal Data ◽  
Legal Framework ◽  
Information Protection ◽  
Remote Work ◽  
Communication Services ◽  
Scientific Methods ◽  
Relevant Today ◽  
Work From Home ◽  
Collaboration And Communication

The relevance of the study is dictated by the introduction of digitalization in all spheres of human life, and timely protection of information and personal data of citizens in the first place. The objective of the study was the need to transform the methods and approaches of information protection during its transmission, creation and storage. Methodological arsenal of the study is presented by scientific methods of cognition of the studied phenomenon content, the structuring of its components and the system of generalization, and analysis of the causal relationship between the visualization functionality and information security of management decisions. The author analyzed the main virtualization technologies for digital business transformation and concluded that there is the need to improve the legal framework in this area. The significance of this article lies in the fact that the use of the virtualization method will increase the level of business security with minimal losses. Current GOST R 56938-2016 "Information protection when using virtualization technologies" does not fully reflect the issues of information protection in terms of its visualization, which leads to the need to improve the legal framework when using virtualization technologies for data protection. It is essential to pay special attention to cloud storage, collaboration and communication services, remote project management programs, cybersecurity solutions, and CRM systems. This is particularly relevant today during the emergence of virtual workplaces and transferring employees to remote work from home.

scholarly journals IT Governance Analysis and Design of Microfinance Institution Using COBIT 5 Framework Evaluate, Direct, Monitor (EDM) and Align, Plan, and Organize (APO) Domains (Case Study: PT Sarana Jabar Ventura)

2017 ◽  
Vol 1 (01) ◽  
pp. 1-6
Author(s):  
Fernaldi Jonathan ◽  
Rahmat Mulyana ◽  
Yuli Adam Prasetyo
Keyword(s):  
Early Stage ◽  
It Governance ◽  
Financial Service Authority ◽  
Analysis And Design ◽  
Governance Analysis ◽  
Microfinance Institution ◽  
Small Medium Enterprises ◽  
Medium Enterprises ◽  
Near Future ◽  
A Company

A microfinance institute (LKM/ Lembaga Keuangan Mikro) is a company that focuses in providing funds to small, early-stage, and emerging firms or small medium enterprises. A company that is engaged in financial sector and works under the surveillance of OJK/ FSA (Financial Service Authority) always has some questions whether this company really needs to implement IT Governance best practices or to what extent it does. The research in PT Sarana Jabar Ventura as one of the microfinance institutes using COBIT 5 framework for the domain of EDM (Evaluate-Direct-Monitor) & APO (Align-Plan-Organize) has shown that the existing practice is not adequate enough to align the business to IT and to manage its risk optimally so the IT solution will be beneficial for the business. Therefore, it is necessary to design the IT governance practice here, based on the seven enablers of COBIT 5 which are categorized into 3 aspects: process, people, and technology. The results of this research are design recommendations as follows: IT policy, procedures, organization structure, job description and the supporting tools and technology. It is expected that the company will implement the results in the near future. Keywords—COBIT 5, IT governance, microfinance institution

scholarly journals Self-Regulation of Genomic Studies and Prospects of Personified Medicine

Lex Russica ◽  
2020 ◽  
pp. 54-61
Author(s):  
K. V. Mashkova ◽  
M. V. Varlen ◽  
A. Yu. Shirokov
Keyword(s):  
Self Regulation ◽  
Genetic Research ◽  
Personal Data ◽  
Professional Associations ◽  
Legal Framework ◽  
State Regulation ◽  
Personal Genomic ◽  
Demographic Situation ◽  
Genomic Studies

A secular trend of the development of medicine in the 20th century was on the ways of strengthening the foundations of public health, formation of systems of affordable medical care. Human genome deciphering opens wide prospects for using the obtained data in medicine. In recent years commercial medical organizations have been developing genetic research and personal genomic testing services. The paper is devoted to the analysis of the importance of legal self-regulation in the field of genomic counseling in the Russian Federation. The authors investigate the prospects of the introduction of personalized medicine and limitations that arise today in one of the areas of the approach under consideration, namely: forecasting predisposition to diseases of mixed nature, which is related to the peculiarities of development of medical and demographic situation in the world. The question is raised about the need for broad population studies to verify the risk values for diseases with low genetic determinacy. The authors conclude that it is impossible to predict what medicine of the future will be, but the results of genome decryption and increasing availability of personal data represent a unique social phenomenon that should be developed within the legal framework. In the coming years, the debate on the role of legal mechanisms in the self-regulation of genetic research and genetic services will become increasingly important. At the international level, this discussion will be focused on the fundamental issue of respect for individual rights in the interpretation of the data received. As genetic advice evolves, the issue of responsibility for the information provided and the availability of national regulatory mechanisms within the framework of state regulation or self-regulated professional associations will become a key concern.

scholarly journals Artificial intelligence, Digital Single Market and the proposal of a right to fair and reasonable inferences: a legal issue between ethics and techniques

2019 ◽  
Vol 5 (2) ◽  
pp. 75-91
Author(s):  
Alexandre Veronese ◽  
Alessandra Silveira ◽  
Amanda Nunes Lopes Espiñeira Lemos
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Single Market ◽  
Legal Issue ◽  
The European Union ◽  
European Union Law ◽  
General Data Protection Regulation

The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.

A Legal Framework for Healthcare

2021 ◽  
pp. 1153-1170
Author(s):  
Veli Durmuş ◽  
Mert Uydaci
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Secondary Data ◽  
Legal Framework ◽  
Primary Data ◽  
Health Law ◽  
Legal Studies ◽  
European Court ◽  
International Regulations ◽  
Health Related

This chapter provides a holistic general overview of the data protection regime in Turkey. Authors present the principal rights of data protection and transmission in health law and latent ethical concerns by specifying decisions of the Supreme Court in Turkey and the European Court of Human Rights on using personal data. The research describes data protection law for health care setting in Turkey. Primary and secondary data have been used for the study. The primary data includes the information collected with current national and international regulations or law. Secondary data include publications, books, journals, and empirical legal studies. Privacy and data protection regimes in health law show there are some obligations, principles, and procedures which shall be binding upon natural or legal persons who process health-related personal data.

Sign in / Sign up

Export Citation Format

Share Document