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.
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.
Introduction: Five Years of the GDPR, Róisín Á Costello (Trinity College Dublin, Ireland) and Mark Leiser (Vrije Universiteit-Amsterdam, the Netherlands)
1. The GDPR at a Crossroads: From Pioneering to Uncertainty, Mark Leiser (Vrije Universiteit-Amsterdam, the Netherlands) and Arno Lodder (Vrije Universiteit-Amsterdam, the Netherlands)
2. The Problem of Invisible Power in Data Protection Law, Tijmen H.A. Wisman (Vrije Universiteit-Amsterdam, 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, Aleksandre Zardiashvili (Leiden University, the Netherlands)
5. Assessing the ‘Gendered’ Distribution of EU Data Protection Law: Critical Perspectives and Re-Imagining the Future Directions of the GDPR, Maria Tzanou (University of Sheffield, UK)
6. The EU-US Data Privacy Framework: Addressing Schrems II Concerns – But For How Long? James Kneale (The Bar of Ireland)
7. Drafting the "Book of Coherence": Some Hidden Amendments to the GDPR in the EU Digital Strategies, Gianclaudio Malgieri (Leiden University, the Netherlands)
8. Data Protection’s 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: Looking Ahead, Róisín Á Costello (Trinity College Dublin, Ireland) and Mark Leiser (Vrije Universiteit-Amsterdam, the Netherlands)
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