Smart Contracts as a Form of Solely Automated Processing Under the GDPR

29 Pages Posted: 8 Jan 2019

See all articles by Michèle Finck

Michèle Finck

Max Planck Institute for Innovation and Competition; University of Oxford

Date Written: January 8, 2019

Abstract

This article examines the interaction between smart contracts and Article 22 GDPR. There is currently much debate regarding the potential of smart contracts. In spite of their name, this form of computer code is however neither necessarily smart nor a contract. I argue that they are, however, a form of solely automated data processing under Article 22(1) GDPR and subsequently examine the interaction between smart contracts and the European data protection framework to highlight uncertainties regarding the interpretation of the legal regime applying to solely automated forms of data processing under the GDPR.

Keywords: Article 22 GDPR, data protection, consent, smart contracts, solely automated data processing, right to human intervention

Suggested Citation

Finck, Michèle, Smart Contracts as a Form of Solely Automated Processing Under the GDPR (January 8, 2019). Max Planck Institute for Innovation & Competition Research Paper No. 19-01. Available at SSRN: https://ssrn.com/abstract=3311370 or http://dx.doi.org/10.2139/ssrn.3311370

Michèle Finck (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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