Review article
https://doi.org/10.31141/zrpfs.2021.58.140.657
Civil law aspects of the General Regulation on Personal Data Protection (GDPR) in the implementation of pharmacy practice
Davorin Pichler
; Pravni fakultet Sveučilišta J. J. Strossmayera u Osijeku, Osijek, Hrvatska
Abstract
Since its entry into force, it was possible to get the impression that the addressees were expecting GDPR implementation unprepared. The paper will highlight the problems that have arisen in harmonizing pharmacy practices with GDPR requirements. The provisions of the GDPR, relating to the presumptions for the validity of a informed consent for the processing of personal dana, correspond to the requirements for the validity of the informed consent in the contemporary legal orders. If the enrollment of personal data in the database is done electronically, it should be noted that the same value as self-signed signature has only a qualified electronic signature. The GDPR provisions relating to liability for damage indicate that the responsibility of persons involved in the processing of personal data (controller and processor) is assessed under the rules of subjective liability. The question also arises whether filing a complaint to a supervisory authority, or not resolving a competent body on a complaint, is a procedural precondition for bringing an action for damages before a competent court.
Keywords
regulation; pharmacy; general data; personality rights; consent
Hrčak ID:
257333
URI
Publication date:
7.5.2021.
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