Over the shoulder enforcement in European regulatory networks:the role of arbitrage mitigation mechanisms in the General Data Protection Regulation

Abstract

ABSTRACT Across many domains, the European Union relies on a system of regulatory network-based enforcement. National agencies work with peers to carry out on-the-ground implementation of supranational law. Network-based enforcement, however, raises concerns including regulatory capture and shirking. We explore how a novel governance tool – arbitrage mitigation mechanisms – may address some of these issues. These mechanisms are formal institutional procedures, which attempt to generate equivalent application of EU law for cross border regulation, and include horizontal checks among regulatory peers as well as vertical checks that allow civil society to voice accountability concerns. To demonstrate the validity of our argument, we examine the General Data Protection Regulation (GDPR) and European privacy enforcement. Our study contributes to the understanding of enforcement and compliance in European regulatory networks and offers a more fine grained understanding of when and how European citizens’ civil liberties will be upheld.