Big data and advanced data file analytics in Czech Republic
In short, big data are data sets that are too large to be captured, managed, and processed by commonly used software programs, if the user wants to work with them in a reasonable time. These are massive volumes of unstructured data stored primarily in data warehouses, containing all the digital footprints left behind by internet users (documents, photos, tweets, phone records, emails, and many more). The legal framework of the big data and advanced data file analytics in Czech Republic is not specifically regulated.
However, it is their analysis that is crucial, and it can be a major asset for companies in almost all market sectors. An advanced analysis of "big data" is a way of getting a detailed understanding of customers. Companies that use big data and its analysis are able to provide customers with services that are literally "tailor-made," to reduce costs, and to be more efficient. The big data processing model can deliver affinity customers to address on a daily basis, to alert on the gaps in the provided services, to adjust the best-selling style, and much more.
The big data area is a typical example where technological progress is way ahead of legislation and the technical capabilities of supervisors. The legal framework of large data and its analysis is not yet regulated. But by virtue of their functioning, we see fundamental problems, in particular, in protecting the data obtained and the privacy of Internet users who provide large data with their use of the Internet. On the contrary, the area of data and data protection is regulated very strictly, from May of 2018 onwards on a pan-European level by the General Regulation on the Protection and Processing of Personal Data No. 2016/679, known as GDPR. Big data typically contains personal data if it does not pass the algorithm, that is able to anonymize them. The processing of personal data in connection with the processing and analysis of big data can therefore be very easy, and then the GDPR regulation will fully cover such actions of a processor, and sanctions in GDPR will apply as well.
Big data typically contains personal data, and in many cases, anonymization is not possible to separate the data that contains personal data, and those that do not contain personal data. In the case that only strictly non-personal data should be used, many aspects of advanced analysis of big data files would be meaningless and purposeless, since the non-personal data on individuals are very limited group of data under the GDPR regulation.
For the processing of personal data and other data, the data controller must always have the consent of the data subject, if he does not fulfil any statutory exception. Users often do not realize how often they consent to a long text setting the scope of processing their personal data in the internet environment to use individual applications and unwittingly consent to their data being processed and sometimes even transferred to third parties.
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ECOVIS ježek, advokátní kancelář s.r.o.
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110 00 Prague 1
e-mail: mojmir.jezek@ecovislegal.cz
www.ecovislegal.cz/en
About ECOVIS ježek advokátní kancelář s.r.o.
The Czech law office in Prague ECOVIS ježek practices mainly in the area of Czech commercial law, Czech real estate law, representation at Czech courts, administrative bodies and arbitration courts, as well as Czech finance and banking law, and provides full-fledged advice in all areas, making it a suitable alternative for clients of international law offices. The international dimension of the Czech legal services provided is ensured through past experience and through co-operation with leading legal offices in most European countries, the US, and other jurisdictions. The Czech lawyers of the ECOVIS ježek team have many years of experience from leading international law offices and tax companies, in providing legal advice to multinational corporations, large Czech companies, but also to medium-sized companies and individual clients. For more information, go to www.ecovislegal.cz/en.
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