Analysis of General Data Protection Regulation (GDPR) and Cyberlaws for ShelbyCo

Cyberlaws

Table of Contents
PART A...........................................................................................................................................3
Question 1. Critically analyse the key issues in relation to the General Data Protection
Regulation (GDPR) that the use of the Digital Vaccine Pass raises for ShelbyCo.....................3
Question 2. Critically analyse the obligations that ShelbyCo is subject to under the GDPR in
responding to this email and evaluate what information ShelbyCo is required to provide or not
provide to the employee in response to the employee’s request. ...............................................6
PART B............................................................................................................................................9
Question 3. Critically compare the position between the UK and the EU for a social media
company as a consequence of the implementation of Article 17 of Directive (EU) 2019/790 on
copyright and related rights in the Digital Single Market (the “Copyright Directive”) in
member states of the EU but not in the UK. ..............................................................................9
Question5. Critically evaluate the issues that arise under copyright laws in the UK in respect
of the Kooking4Kids website and advise your client as to any steps they should take with
respect to the Kooking4Kids website..........................................................................................9
REFERENCES..............................................................................................................................13

PART A
Question 1. Critically analyse the key issues in relation to the General Data Protection
Regulation (GDPR) that the use of the Digital Vaccine Pass raises for ShelbyCo.
Answer1. In the given situation, Shelby CO. is a global financial service company who have
approx. 1,000 employees in their London based organisation. Due to Covid pandemic, the CEO
of the organisation decided to conduct vaccination programme for their employees so that can
return back to their physical office. The CEO has introduced the “Digital Vaccination Pass” for
its employees across the globe. The systematic work of Digital vaccination pass required an
application that can be accessed by employees anytime with the help of their mobile phones. The
app connects each employees and validate whether they are properly vaccinated or not.
The general Data protection Regulation (GDPR) is a new legislation that are established to
replace the Data Protection Act of 1998 of UK. It covers wide range of protection that are
available to safeguard the right of the users (Egger and Springer, 2019). It is a comprehensive
legislation that provide data protection and aims to promote the privacy laws across the globe
and prior the importance of the rights of an individual. It modernised the personal information of
the individual and safeguards their right to privacy which is fundamental right as per the
International Convention of UDHR. It is the most effective mechanism that are beneficial for the
organisation to maintain the records of its employees so that their confidential information
cannot reveal to the general public.
Due to modernisation, cyber crime becomes the serious issue of every modern county. The
upgraded technology and use of various computerised application ease the working system of
every individual. It promotes innovation and new ideas and help the organisation to attract the
investors who have advanced technology and IT infrastructure. Similarly, these advancement
have some cons and disadvantages that stressed out the government and forced them to establish
the new legislation to provide the widest protection from the cyber criminals who tries to
manipulate the data and information of the clients. The earlier legislation on data protection Act,
1998 was very narrow and does not cover various aspect of data protection. Therefore, the
extensive statutes has been made in this regards to cover all the areas of data protection and
safety right of the individual.

The General Data Protection Regulation is considered one of the strongest legislation that laid
down several rules and regulation that are binding upon the users and informant. It was first
adopted in the year 2018 by the European parliament and European Council together to bring
rigidity in the data protection policy and effectively handle the information of the users.
Basically, it focuses on the personal data and monitors the vital information of the users such as
employee's name, address, contact number etc (Fai, Bradley and Powell, 2021) . The sensitive
information of the clients remains protected and safe. All the organisation, individuals,
companies and other controller and processor will comes under the purview of GDPR. Here, the
Shelby CO. is the controller of the “Digital vaccination Pass” whop are the actual application
developer and have full control over the purposes and means of data.
According to Article 5 of the GDPR is based on seven key fundamental principles that are
discussed below:
 Legality, Fairness, Transparency: The GDPR mechanism helps the organisation and
individuals by giving them statutory protection and effectively manage all the activities
that take place through “ Digital vaccination Pass”.
 Purpose limitation: It limits to such extent for which the application has designed for
specific purpose and objectives. The “ Digital vaccination Pass” is limited to maintain the
record of employees and their vaccination data. The objective of such principles to avoid
misuse of information and data stored in such application.
 data minimisation: This principles identifies only minimum information and data so that
more personal information cannot access by others. The overreaching of information are
avoided to and designed to meet the specific purpose of the digital application.
 Accuracy : It increases the accuracy of information and users can easily access the
required information.
 Storage limitation: GDPR's fifth principle is aimed to store the relevant data and
information to safeguard the right to privacy of the individual.
 Integrity and confidentiality: it is crucial to maintain the personal data from
unauthorised access and unlawful processing (Gal and Aviv, 2020) . It ideals with the
security and confidentiality of information so that hackers and cuber criminals can not
accessed them by breaching others privacy rights.