This book brings together leading academics working on data protection law in the EU to analyse the most notable developments, and the most significant changes, which have occurred during the first 5 years of the GDPR.
The book includes contributions analysing the efficacy of the Regulation's consent-based model, the struggle to regulate AdTech using the provisions of the GDPR, the controversy surrounding US-EU data sharing and the interaction of the Regulation with EU Fundamental Rights and other secondary laws regulating data.
The book is unique in setting out to record a period of rapid development – and significant challenge – for EU law through its examination of these episodes in the life of the Regulation in a single text. Each chapter examines the changes introduced by the GDPR, analyses the effect of the Regulation in practice, and maps what the next 5 years holds for one of the world's most influential data privacy laws. The lineup of the editorial and author team reflects the pioneering role of female academics in data protection and GDPR discourse.
In highlighting the controversies and conflicts which the Regulation has faced in its first 5 years, the book illuminates the significance of the GDPR's introduction in advancing our thinking about the function, form, and future of data protection law, and outlines those matters that remain to be resolved as the GDPR moves towards its first decade in force.
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Brings together leading academics working on data protection law in the EU to analyse the most notable developments, and the most significant changes, which have occurred during the first 5 years of the GDPR.
Introduction, Róisín Á Costello (Trinity College Dublin, Ireland) and
Mark Leiser (Vrije Universiteit Amsterdam, the Netherlands)
1. The Problem of Invisible Power in Data Protection Law, Tijmen HA Wisman
(Vrije Universiteit Amsterdam, the Netherlands)
2. Assessing the Impact of Impact Assessments: Practical Questions Related to
Article 35 GDPR, Bart W Schermer (Leiden University, the Netherlands)
3. The Question of Consent in European Data Protection, Róisín Á Costello
(Trinity College Dublin, Ireland) and Mark Leiser (Vrije Universiteit
Amsterdam, the Netherlands)
4. Five Years of Illegitimacy of Surveillance Advertising, Lex Zard (Leiden
University, the Netherlands)
5. Re-imagining Data Protection: Femtech and Gendered Risks in the GDPR,
Anastasia Siapka (KU Leuven, Belgium), Maria Tzanou (University of Sheffield,
UK) and Anna Nelson (University of Sheffield, UK)
6. Data Transfers, Schrems and the Future of Data Transfers under the GDPR,
James Kneale (Irish Data Protection Commission)
7. Silent Reforms of the GDPR in the EU Digital Market Legal Revolution,
Michaël Van den Poel (Vrije Universiteit Brussel, Belgium) and Gianclaudio
Malgieri (Leiden University, the Netherlands)
8. Data Protections Intersections: Reconciling Data Protection Requirements
with Regulated Data Use Beyond the GDPR, Katherine Nolan (Ulster University,
UK)
9. Article 82 GDPR and Non-Material Damages: Torn between Social and Economic
Function? Róisín Á Costello (Trinity College Dublin, Ireland)
Conclusion, Róisín Á Costello (Trinity College Dublin, Ireland) and Mark
Leiser (Vrije Universiteit Amsterdam, the Netherlands)
Róisín Á Costello is Assistant Professor of EU Law at Trinity College Dublin, Ireland. Mark Leiser, formerly of Vrije Universiteit-Amsterdam and Leiden University, the Netherlands, is an expert specialising in digital, legal, and platform regulation.
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