Abstract
This paper process-traces how European policymakers have delegated regulatory responsibilities to private certification and monitoring bodies acting as regulatory intermediaries. It explores how regulators can constrain or incentivise self-regulation that exists in their shadow via intermediaries, instead of using direct modes of regulation.
Highlights
The governance of European values around issues of data protection is continually on global political, regulatory, academic, and business agendas
This paper addresses how European policymakers have delegated the responsibility of protecting European values inside transnational data flows to private bodies acting as regulatory intermediaries
If the member states decided that national accreditation bodies (NABs) would award accreditation—instead of, or together with, data protection supervisory authorities (DPAs)— the accreditation requirements needed to complement the requirements set by regulation (EC) 765/2008 and the EN-ISO/IEC 17065/2012 standards. 11
Summary
The governance of European values around issues of data protection is continually on global political, regulatory, academic, and business agendas. European and national hierarchies: the requirement under the General Data Protection Regulation (GDPR) to rely on private monitoring and certification bodies to adopt data protection codes of conduct or certifications. I ask, how have European policymakers established the two regulatory arrangements that permit private bodies to act as regulatory intermediaries in order to monitor codes and assess conformity with certifications in the shadow of hierarchy? The paper thereafter asks what the similarities and differences in the design of the two sub-regimes are, and concludes by addressing how hierarchical decisions can impact the self-regulation that exists in the sub-regimes’ shadows To answer these questions, I chose to use the process-tracing methodology as it has previously been used to empirically and theoretically study European integration (Pierson, 1996). Thereafter, I draw conclusions about how regulators can impact self-regulation that exists in their shadow by regulating via the intermediaries instead of using direct modes of regulation
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