Deficient by Design? The Transnational Enforcement of the GDPR
Bibliographic Data
| ID | 9930786 |
|---|---|
| Authors | Giulia Gentile (0000-0001-7415-6153, Laser Scan Engineering (United Kingdom), corresponding author), Orla Lynskey (Laser Scan Engineering (United Kingdom)) |
| Year | 2022 |
| Volume | 71 |
| Issue | 4 |
| Pages | 799-830 |
| Publication date | 2022-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589322000355 |
| OpenAlex | W4306955473 |
| Language | EN |
| Citations received | 4 |
| References cited | 2 |
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
Business · Charter · Computer security · Data Protection Act 1998 · Economics · Enforcement · General Data Protection Regulation · Key (lock · Law and economics · Law enforcement · Political science · Computer Science · Digitalization, Law, and Regulation · European Criminal Justice and Data Protection · Law · Privacy, Security, and Data Protection
| Citations per year | 2 |
|---|---|
| Citation span | 2024 - 2026 (3) |
| Highly cited | No |