The General Data Protection Regulation and the rise of certification as a regulatory instrument. Issue 2 (April 2018)

• Record Type: Journal Article
• Authors: Lachaud, Eric
• Is Part Of: Computer law & security review. Volume 34:Issue 2(2018)
• Page Start: 244
• Page End: 256
• Publication Date: 2018-04
• Subjects: Data protection certification -- Privacy certification -- Data protection seal -- Privacy seal -- Co-regulation -- Self-regulation; Computers -- Law and legislation -- Periodicals; Computer security -- Law and legislation -- Periodicals; Electronic commerce -- Law and legislation -- Periodicals; Data protection -- Law and legislation -- Periodicals; Computer security -- Law and legislation; Computers -- Law and legislation; Data protection -- Law and legislation; Electronic commerce -- Law and legislation; Periodicals; 343.0999
• DOI: 10.1016/j.clsr.2017.09.002
• Languages: English
• ISSNs: 2212-473X

Abstract

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.