The data protection reform and its impact on the Italian legal system: Between hopes and expectations

Abstract

The General Data Protection Regulation (GDPR) will be subject to national-level implementation over the next two years, but are we sure this will help pave the way for the creation of a real European digital single market and strengthen individuals’ rights to privacy and data protection? This paper will analyse those aspects of the data protection reform enshrined in the GDPR that can be considered the most important for European businesses, public institutions and national data protection authorities alike. In particular, the focus will be on: (1) the one-stop-shop mechanism; (2) the new rules of consent in the marketing domain; and (3) the role of data protection officers according to the new regulation. Furthermore, considering the need to contextualise such a change in the law of the EU with a more country-specific analysis, the author will also provide a general overview of the possible impact of the reform on the Italian legal system, according to its current laws and regulations and the jurisprudence of the Italian Data Protection Authority.