The present paper moves from a critical analysis of the new Regulation on Data Protection, which, in the view of the Authors, would not be able to adequately address the complexity of the interests at stake, with the consequence of pre-empting the actual realisation of its harmonisation purposes. Moving from this assumption, the paper looks at the technical measures introduced by the same Regulation and, at this regard, it take into account how the adoption of these rules may foster the construction of a unique legal framework within the EU territory. And in fact technical rules, differently from the legal ones, are not subject to national traditions and to the variables of the interpretative processes. Therefore, the harmonisation purpose of the GDPR, difficult to realise from a strictly legal standpoint, would rather be facilitated from a more technical/formal point of view by means of one of the instruments introduced, namely the certification mechanism regulated by Article 42 GDPR. As we argue, certifications could represent a powerful harmonising tool, acting both as an accountability tool and as a guarantee for cross boarder transfers.

Certification Mechanism as a Tool for the Unification of the Data Protection European Law

Riccio
2018

Abstract

The present paper moves from a critical analysis of the new Regulation on Data Protection, which, in the view of the Authors, would not be able to adequately address the complexity of the interests at stake, with the consequence of pre-empting the actual realisation of its harmonisation purposes. Moving from this assumption, the paper looks at the technical measures introduced by the same Regulation and, at this regard, it take into account how the adoption of these rules may foster the construction of a unique legal framework within the EU territory. And in fact technical rules, differently from the legal ones, are not subject to national traditions and to the variables of the interpretative processes. Therefore, the harmonisation purpose of the GDPR, difficult to realise from a strictly legal standpoint, would rather be facilitated from a more technical/formal point of view by means of one of the instruments introduced, namely the certification mechanism regulated by Article 42 GDPR. As we argue, certifications could represent a powerful harmonising tool, acting both as an accountability tool and as a guarantee for cross boarder transfers.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11386/4704172
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