The 'Europeanisation' of data protection law

Lynskey, Orla (2017) The 'Europeanisation' of data protection law. Cambridge Yearbook of European Legal Studies, 19. pp. 1-35. ISSN 1528-8870

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Abstract

EU data protection law has, to date, been monitored and enforced in a decentralised way by independent supervisory authorities in each Member State. While the independence of these supervisory authorities is an essential element of EU data protection law, this decentralised governance structure has led to competing claims from supervisory authorities regarding the national law applicable to a data processing operation and the national authority responsible for enforcing the data protection rules. These competing claims, evident in investigations conducted into the data protection compliance of Google and Facebook, jeopardise the objectives of the EU data protection regime. The new General Data Protection Regulation will revolutionise data protection governance by providing for a centralised decision-making body, the European Data Protection Board. While this agency will ensure the ‘Europeanisation’ of data protection law, given the nature and the extent of this Board’s powers it marks another significant shift in the EU’s agency-creating process and must therefore also be considered in its broader EU context.

Item Type:	Article
Official URL:	https://www.cambridge.org/core/journals/cambridge-...
Additional Information:	© 2016 Centre for European Legal Studies, Faculty of Law, University of Cambridge
Divisions:	Law
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Date Deposited:	30 Nov 2016 12:57
Last Modified:	10 Oct 2024 19:12
URI:	http://eprints.lse.ac.uk/id/eprint/68471

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