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Critical Reflections on the EU’s Data Protection Regime: GDPR in the Machine

Critical Reflections on the EU’s Data Protection Regime: GDPR in the Machine

Author: Róisín Á Costello; Mark Leiser
Publisher: Hart Publishing
ISBN: 9781509977840

Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509977888

List Price: HKD 1,170.00

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Contents

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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. The lineup of the editorial and author team reflects the pioneering role of female academics in data protection and GDPR discourse.

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: Critical Reflections on the EU's Data Protection Regime – the First Five Years, Róisín Á Costello (Trinity College Dublin, Ireland) and Mark Leiser (Vrije Universiteit Amsterdam, the Netherlands)

1. The Problem of Invisible Power in Data Protection Law, Tijmen H.A. Wisman (Vrije Universiteit Amsterdam, the Netherlands)

2. Assessing the Impact of Impact Assessments: Practical Questions Related to Article 35 GDPR, Bart W Schermer (Leiden University, 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. The GDPR and the Struggle to Keep Pace with AdTech, Lex Zard (Leiden University, the Netherlands)

5. Re-imagining Data Protection: Femtech and Gendered Risks in the GDPR, Anastasia Siapka (KU Leuven, Belgium), Maria Tzanou (University of Sheffield, UK) and Anna Nelson (University of Sheffield, UK)

6. Data Transfers, Schrems and the GDPR, James Kneale (The Bar of Ireland)

7. Silent Reforms of the GDPR in the EU Digital Market Legal Revolution, Michaël Van den Poel (Vrije Universiteit Brussel, Belgium) and 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)