Hana Gawlasová

  Back...

Counterpoint – parallel voices of regulation and business

The principles of the basic musical composition technique - counterpoint – a note against a note – have influenced the development and perception of music. Parallel melodies or voices going against each other. The main melody that is developed further and subsequently accompanied by the counterpoint as a separate voice. Melodies as separate streams that pass through the composition in a balanced ratio. Elements creating groups of steps, tones, or frequencies.

In the same way, the relationship between business as an economic activity and the regulation related to it can be seen. This parallel life of two strong voices or, if you wish, two strong melodies, is significantly visible in the area of regulation of personal data and ​​privacy. As the business and economic activity in the field of personal data and information on individuals' private lives develop, a strong parallel voice of regulation in this area resonates. Both areas are parallel to each other, develop each other, retain their integrity as separate voices, and create a composition that accompanies the life of society.

The business in the field of personal data and privacy information is logically, taking into account the availability of information technology that can find it, capture and process it, on a steep rise. Regulation is trying to keep up with the same pace and with the same principles. As the information systems, technologies, and artificial intelligence using the personal data and privacy increase, the regulation of protection of personal/non-personal data and information security in general increases too. In regulation of business in the European Union this trend is very striking, especially given the level of caution with which the EU proceeds towards the "competitors" such as the USA and big Asian economies.

In some respects, regulation and business are two very strong, cooperating parallel voices. They agree on the need for some kind of regulation, the accountability concept relating to processing of personal data and the protection of privacy, and that this type of data is of great value to both the individuals and the business and the broader public/society. In some other areas, they are two voices going significantly against each other: in the scope of obligations relating to the entities concerned, in the abstractness of the legislation, and in the chosen method of "motivation" to comply with the regulation - the amounts of possible sanctions for breaching the given rules.

Hana Gawlasová

 
Hana Gawlasová is a People and Technology lawyer with a profound understanding of the impact of technological changes on businesses and employees. Drawing from her wide range of multidisciplinary skills and considerable experience with technology projects, she is advising on transactional and operational issues relating to technology contracts, information security, communications regulatory issues and “humanware”. During the advent of – sometimes referred to as onslaught —all things digital, Hana has been focusing on cybersecurity, digital assets licensing and employee-created software.

  Back...