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Deficient by design? The transnational enforcement of the GDPR

Gentile, Giulia and Lynskey, Orla (2022) Deficient by design? The transnational enforcement of the GDPR. International and Comparative Law Quarterly, 71 (4). 799 - 830. ISSN 0020-5893

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Identification Number: 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
Official URL: https://www.cambridge.org/core/journals/internatio...
Additional Information: © 2022 The Authors
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 01 Sep 2022 11:57
Last Modified: 19 Feb 2024 17:24
URI: http://eprints.lse.ac.uk/id/eprint/116417

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