Guide
Legal framework
PETs can be used for collaborative analysis of data while guaranteeing data confidentiality. PETs can be applied to both enhance the protection of data privacy and increase confidentiality of trade secrets or any other type of confidentiality that needs to be upheld. The identification of the type of data you want to apply the PET technologies to is crucial for the determination of the legal framework the PET technology has to operate in. When using personal data this legal framework would be the applicable data protection law, such as the GDPR and national privacy laws. When using business confidential information this may be a different framework, such as competition law or (internal) rules and regulations with regard to trade secrets or intellectual property. Also, there may be other (upcoming) legislation that may apply, e.g., with regards to Machine Learning the (proposed) Artificial Intelligence Resolution from the European Commission. In the following paragraphs we dive into the legal framework of the GDPR.
The Decision Tree only includes legal considerations at certain specific decision markers. Neither the tree itself nor the current document should be taken as legal advice. Therefore, it is strongly advised to consult your legal department at an early stage when considering the use of PETs. Even more, it is highly recommended to discuss the different outcomes of the Decision Tree with your legal department.