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Responsible automatically processable regulation Vrije Universiteit Brussel KU Leuven
Driven by the increasing availability and deployment of ubiquitous computing technologies across our private and professional lives, implementations of automatically processable regulation (APR) have evolved over the past decade from academic projects to real-world implementations by states and companies. There are now pressing issues that such encoded regulation brings about for citizens and society, and strategies to mitigate these issues ...
The right to effective remedy in international data transfers of electronic evidence: Past lessons and future outlook Vrije Universiteit Brussel
Redress for dark patterns privacy harms? A case study on consent interactions Vrije Universiteit Brussel
Internet users are constantly subjected to incessant demands for attention in a noisy digital world. Countless inputs compete for the chance to be clicked, to be seen, and to be interacted with, and they can deploy tactics that take advantage of behavioral psychology to 'nudge' users into doing what they want. Some nudges are benign; others deceive, steer, or manipulate users, as the U.S. FTC Commissioner says, "into behavior that is ...
Data protection and consenting communication mechanisms: Current open proposals and challenges Vrije Universiteit Brussel
Data Protection and Consenting Communication Mechanisms (DPCCMs) enable users to express their privacy decisions and manage their online consent. Thus, they can become a crucial means of protecting individuals' online privacy and agency, thereby replacing the current problematic practices such as 'consent dialogues'. Based on an in-depth analysis of different DPCCMs, we propose an interdisciplinary set of factors that can be used for a ...
Essential equivalence as a benchmark for international data transfers after Schrems II Vrije Universiteit Brussel
In July 2020, the Court of Justice of the European Union (CJEU) published its ruling on 'Schrems II'. The CJEU invalidated the Privacy Shield - one of the mechanisms existing for transfers to the United States - and further expanded the concept of essential equivalence previously developed in Schrems I by extending its scope towards a guiding benchmark for the whole approach for international data transfers in the GDPR. This Chapter explores ...
Data Protection standarisation. The role and limits of technical standards in EU data protection law Vrije Universiteit Brussel
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Misaligned Union laws? A comparative analysis of private law instruments in the Cybersecurity Act and the General Data Protection Regulation Vrije Universiteit Brussel
In 2019, the Cybersecurity Act, the EU law aiming to achieve high level of cybersecurity in the Union and Member States, entered into force. The CSA belongs to a broader set of Union laws providing a framework of legal protection of individual and collective rights from harmful use of information and communication technologies. Those laws introduce private law instruments for the achievement of legislative goals.2 Despite the overarching ...
Understanding the balancing act behind the legitimate interest of the controller ground: a pragmatic approach Vrije Universiteit Brussel
De Hert and Kamara analyse the provision of the legitimate interest ground in the new EU data protection framework, the General Data Protection Regulation. The authors explain that the rationale of the legitimate interest ground is that under certain conditions, controllers’ or third parties’ interests might be justified to prevail over the interests, rights, and freedoms of the data subject. When and how the prevailing may take place under the ...