Regulating data protection : the allocation of responsibility and risk among actors involved in personal data processing

European data protection law aims to ensure that at least one organization or individual is adequately incentivized to install and maintain an appropriate level of data protection. In order to reach this objective, the European legislature has adopted the concepts of ‘controller’ and ‘processor’.Together, these concepts provide the basis upon which responsibility for compliance with the substantive provisions of this Directive is allocated. Despite the fundamental importance of both these concepts, technological and societal developments have rendered it increasingly difficult to apply these concepts in practice. The dissertation seeks to ascertain whether or not (and if so, how) the allocation of responsibility and risk among actors involved in the processing of personal data might be revised in a manner which increases legal certainty while maintaining at least an equivalent level of data protection.

Publication year:2016

Accessibility:Open