The International Impact of the General Data Protection Regulation
Commentary on the General Data Protection Regulation, Marc Cole & Franziska Boehm, Edward Elgar 2018, Forthcoming
15 Pages Posted: 10 May 2018
Date Written: April 23, 2018
The extent to which European data protection law impacts or not on the outside world has become the subject of a continuous and heated academic and policy debate ever since the European Data Protection Directive became adopted in the 1990s. When considering the international impact of the new General Data Protection Regulation, there are at least three main areas where the GDPR is likely to exert influence. These are: the right to erasure (‘right to be forgotten’) enshrined in Article 17 GDPR in conjunction with the (extra)-territorial scope of the Regulation determined by Article 3 GDPR; Commission decisions on the adequacy of data protection in third counties regulated under Article 45 GDPR; as well as the imposition of large penalties on multinational companies that do not comply with the Regulation defined in Article 83 of the GDPR. In this chapter, we will first briefly discuss the first domain of potential international impact for the GDPR, showing that it is heavily dependent on judicial interpretations. Consequently, we will proceed by discussing in further detail some of the more GDPR-specific repercussions, namely the articles defining adequacy and fines. Specifically, we focus on the way penalties might be interpreted in the light of comparisons with US law. Finally, our comparative law analysis presents some recommendations for the newly established GDPR European Data Protection Board to consider, mainly factoring self-disclosure when defining the exact modalities of fines.
Keywords: data protection, privacy, GDPR, international impact, setting fines, disclosure, adequacy decisions
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