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The General Data Protection Regulation (hereinafter: GDPR), EU Regulation 2016/679 of 27 April 2016, will become applicable on 25 May 2018 and repeal the Personal Data Directive of 24 October 1995.
Unlike a directive, which requires transposition into national laws (while leaving the choice of “forms and methods” to the Member States), a regulation is binding and directly applicable in all Member States. This means that when the GDPR becomes applicable, all the EU countries will have the same rules regarding the protection of personal data — at least in principle, since some details (including in the area of research — see below) are expressly left to the discretion of the Member States.
The GDPR is a particularly ambitious piece of legislation (consisting of 99 articles and 173 recitals) whose intended territorial scope extends beyond the borders of the European Union. Its main concepts and principles are essentially similar to those of the Personal Data Directive, but enriched with interpretation developed through the case law of the CJEU and the opinions of the Article 29 Data Protection Working Party (hereinafter: WP29).
This White Paper will discuss the main principles of data protection and their impact on language resources, as well as special rules regarding research under the GDPR and the standardisation mechanisms recognized by the Regulation.
New exceptions for Text and Data Mining and their possible impact on the CLARIN infrastructure
(2018)
The proposed paper discusses new exceptions for Text and Data Mining that have recently been adopted in some EU Member States, and probably will soon be adopted also at the EU level. These exceptions are of great significance for language scientists, as they exempt those who compile corpora from the obligation to obtain authorisation from rightholders. However, corpora compiled on the basis of such exceptions cannot be freely shared, which in a long run may have serious consequences for Open Science and the functioning of research infrastructure such as CLARIN ERIC.
This abstract discusses the possibility to adopt a CLARIN Data Protection Code of Conduct pursuant art. 40 of the General Data Protection Regulation. Such a code of conduct would have important benefits for the entire language research community. The final section of this abstract proposes a roadmap to the CLARIN Data Protection Code of Conduct, listing various stages of its drafting and approval procedures.