Resumo

COTINO HUESO, Lorenzo. Confidentiality and Data Protection in Mediation in the European Union. Rev. IUS [online]. 2018, vol.12, n.41, pp.311-341. ISSN 1870-2147.

Mediation, confidentiality and data protection are very important issues in the 21st Century and are the subject of many studies. However, in rare cases the combination of these elements and the many legal requirements that are derived are analyzed. Proposals are made for improvement in the regulations and in the contractual frameworks for mediation. First this study analyzes confidentiality and its interaction with data protection. The obligated subjects are analyzed, the scope of the obligations, their duration and guarantees as well, lastly, the exceptions and restrictions to the confidentiality. The second approach is done from data protection, since all mediation involves a "processing" of data. That is why we analyze and make proposals regarding: the legitimation of data processing; the persons in charge of the treatment in the mediation; ARCO rights (Access, Rectification, Cancelation and Opposition), anonymization, security measures and platform design. Finally, the requirements for international data transfers in mediation are analyzed.

Palavras-chave : Mediation; dispute resolution mechanisms; privacy; data protection; confidentiality; European Union.

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