Publication details
Regulatory Method in GDPR: Accountability, Risk evaluation and Performance-based Regulation
| Authors | |
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| Year of publication | 2020 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | European legislator took an innovative approach during preparations of GDPR and introduced a principle of accountability in connection with the risk-based approach. This choice is one of the reasons why GDPR has, with its many imprecise legal concepts which need to be defined in each specific situation, a very directive-like feeling. However, as this contribution shows, this is not an entirely new approach to the legal regulation of technologies. In the first part of this contribution is presented the concept of performance-based regulation and other regulatory concepts introduced by Cary Coglianese. In the second part, the contribution argues that GDPR is generally built on the method of performance-based regulation. In the third part, the contribution analyses strong and weak aspects of performance-based regulation and shows, how they are affecting the application of data protection rules. |
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