The ‘Strasbourg Effect’ in Data Protection: Its Logic, Mechanics and Prospects in Light of the ‘Brussels Effect’

Forthcoming in Computer Law & Security Review [2020] vol. 38

University of Oslo Faculty of Law Research Paper No. 2020-14

44 Pages Posted: 3 Jun 2020

Date Written: June 3, 2020

Abstract

This article considers various factors that will shape the potential effect of the Council of Europe’s modernised Convention on data protection (Convention 108+) on non-European states’ regulatory policy. It does so by elucidating the logic and mechanics of this effect in light of the ‘Brussels Effect’ that is commonly attributed, in part, to EU data protection law. The central arguments advanced in the article are that the impact of Convention 108+ beyond Europe will rest primarily on the Council of Europe’s ideational power tempered by processes of acculturation, and secondarily on the degree to which the EU is willing to use the ‘Brussels Effect’ as a vehicle for promoting non-European states’ accession to the Convention.

Suggested Citation

Bygrave, Lee A., The ‘Strasbourg Effect’ in Data Protection: Its Logic, Mechanics and Prospects in Light of the ‘Brussels Effect’ (June 3, 2020). Forthcoming in Computer Law & Security Review [2020] vol. 38, University of Oslo Faculty of Law Research Paper No. 2020-14, Available at SSRN: https://ssrn.com/abstract=3617871 or http://dx.doi.org/10.2139/ssrn.3617871

Lee A. Bygrave (Contact Author)

University of Oslo ( email )

PO Box 6706 St Olavs plass
Oslo, N-0317
Norway

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