GONG Lin. Basic Logical Structure in the Sale of Personal Information inBankruptcy Proceedings——From the insolvency practice in Germany[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES), 2023, 4(6): 85-95. DOI: 10.14092/j.cnki.cn11-3956/c.2023.06.009
Citation: GONG Lin. Basic Logical Structure in the Sale of Personal Information inBankruptcy Proceedings——From the insolvency practice in Germany[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES), 2023, 4(6): 85-95. DOI: 10.14092/j.cnki.cn11-3956/c.2023.06.009

Basic Logical Structure in the Sale of Personal Information inBankruptcy ProceedingsFrom the insolvency practice in Germany

  • In German law, personal data is not transferable because it is regarded as a part of the subject's personality. But in order to promote the circulation of valuable data, German insolvency practice learn from the relevant practice of the copyright law, in which companies acquire from the data subject the right to use the personal data and transfer this right to a third party in bankruptcy according to the requirements of the EU General Data Protection Directive and with the authorized consent of the data subject. The personal information safe model of authorization and consent in German bankruptcy law practice has practical reference significance for China. In the bankruptcy process to build the perfect sale system of personal information, one needs to make it clear whether the bankrupt enterprise sells personal data or personal information, whether the bankrupt enterprise has the object orientation of property rights, and how to ensure the effectively informed consent from data subject. These three aspects form the basic logical structure.
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