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The General Data Protection Regulation and the rise of certification as a regulatory instrument

Lachaud,Eric
Abstract
The endorsement of certification in Article 42 and 43 of the General Data Protection Regulation (hereinafter GDPR) extends the scope of this procedure to the enforcement of fundamental rights. The GDPR also leverages the high flexibility of this procedure to make of certification something else than a voluntary process attesting the conformity with technical standards. This paper argues that the GDPR turned certification into a new regulatory instrument in data protection, I suggest to call it monitored self-regulation, seeking to fill the gap between self-regulation and traditional regulation in order to build a regulation continuum.
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Date
2018-04-02
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Tilburg University Research Output Collection
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Keywords
SDG 16 - Peace, Justice and Strong Institutions
Citation
Lachaud, E 2018, 'The General Data Protection Regulation and the rise of certification as a regulatory instrument', Computer Law and Security Review, vol. 34, no. 2, pp. 244-256. https://doi.org/10.1016/j.clsr.2017.09.002
URI
https://hdl.handle.net/20.500.14602/70048
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