Abstract

Data Protection and Digital Services – European Union Perspectives

Highlights

  • The General Data Protection Regulation[3] is a landmark in the evolution of the European privacy framework[4], with a resounding global impact

  • Following on the adoption of the General Data Protection Regulation (GDPR), the European Commission proposes two new regulation proposals aimed at regulating online markets and create a safer online environment, where the fundamental rights of users are protected: the Digital Services Act and the Digital Markets Act

  • The GDPR has definitely raised the bar for data protection legislations around the globe[5], effectively setting the European Union (EU) legislation and the case-law of the Court of Justice of the European Union (CJEU) as a “global gold-standard”[6] for other jurisdictions[7], with several international legislators, as well as private companies, following its lead[8]

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Summary

General considerations

The General Data Protection Regulation[3] (hereinafter, the GDPR) is a landmark in the evolution of the European privacy framework[4], with a resounding global impact. Given the direct effect of a EU regulation, directly and immediately enforceable in Member States, GDPR has achieved the quite visible purpose of setting standardized data protection rules across the EU and even realizing a secondary purpose of triggering an awareness movement that made inroads in educating the general population on their privacy and data rights When it comes to its impact on the private sector, the GDPR provided for considerable changes to the privacy protection by fostering compliance by private companies, from the necessity to review their strategy to reassessing their information systems and documentation in order to ensure compliance with the new provisions in order to freely trade with and within the Single Market[17]. Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, [Online] at https://eur-lex.europa.eu/eli/dec_impl/2021/ 914/oj, accessed at 14.10.2021

The challenge of online platform economy: data collection and monetization
The Digital Services Act package
Brief considerations on the Digital Services Act proposal
Supervision and enforcement
Findings
Brief considerations on the Digital Markets Act proposal
Full Text
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