Gentile, Giulia and Lynskey, Orla (2022) Deficient by design? The transnational enforcement of the GDPR. International and Comparative Law Quarterly, 71 (4). pp. 799-830. DOI https://doi.org/10.1017/s0020589322000355
Gentile, Giulia and Lynskey, Orla (2022) Deficient by design? The transnational enforcement of the GDPR. International and Comparative Law Quarterly, 71 (4). pp. 799-830. DOI https://doi.org/10.1017/s0020589322000355
Gentile, Giulia and Lynskey, Orla (2022) Deficient by design? The transnational enforcement of the GDPR. International and Comparative Law Quarterly, 71 (4). pp. 799-830. DOI https://doi.org/10.1017/s0020589322000355
Abstract
Four years following the entry into force of the EU data protection framework (the GDPR) serious questions remain regarding its enforcement, particularly in transnational contexts. While this transnational under-enforcement is often attributed to the role of key national authorities in the GDPR's procedures, this article identifies more systemic flaws. It examines whether the GDPR procedures are deficient-by-design and, if not, how these flaws might be addressed. The conclusions reached inform our understanding of how to secure effective protection of the EU Charter right to data protection. They are also of significance to EU law enforcement more generally given the increasing prevalence of composite decision-making as the mechanism of choice to administer EU law.
Item Type: | Article |
---|---|
Uncontrolled Keywords: | human rights; data protection; enforcement; composite procedures; administrative law |
Divisions: | Faculty of Arts and Humanities Faculty of Arts and Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 15 Jul 2024 08:45 |
Last Modified: | 30 Oct 2024 21:30 |
URI: | http://repository.essex.ac.uk/id/eprint/37123 |
Available files
Filename: deficient-by-design-the-transnational-enforcement-of-the-gdpr.pdf
Licence: Creative Commons: Attribution 4.0