The Collective Private Enforcement of Data Protection Rights in the EU

Pato, Alexia

doi:10.2139/ssrn.3303228

Cited by 12 publications

(1 citation statement)

References 3 publications

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“…Although the EU legislator left the task of putting this provision into practice to the member states by introducing substantive and procedural rules applicable to collective redress (Casarosa, 2018;Pato, 2019), I note some important features emerging from the current legislative framework.…”

Section: Collective Remedies In the Gdprmentioning

confidence: 99%

Transnational collective actions for cross-border data protection violations

Casarosa¹

2020

IPR

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With the Cambridge Analytica/Facebook scandal, online surveillance clearly showed its negative effects. However, few individuals were able to recover any damages from the data protection violation that occurred. The EU General Data Protection Regulation contains legal tools to coordinate the interests of data subjects together in the case of infringements that occur across member states of the European Union, not only at the national level (Article 80), but potentially at the transnational level, as implied by Article 81. However, only a reform addressing the rules applicable to the standing of associations and non-governmental organisations in transnational claims as well as those concerning jurisdiction and international lis pendens would allow EU citizens to take full advantage of this opportunity.

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Section: Collective Remedies In the Gdprmentioning

confidence: 99%

Transnational collective actions for cross-border data protection violations

Casarosa¹

2020

IPR

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Governing Cross-Border Data Flows

Yakovleva

2024

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This book explores how the European Union can reconcile and pursue simultaneously two important legal and policy objectives, namely, on the one hand, protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data and, on the other hand, maintaining and developing a binding rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book first demonstrates that there is a real clash between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and Chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, the author also looks at the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for further research necessary to design a fully-fledged reform proposal of the EU framework for transfer of personal data outside the EEA.

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Yakovleva

2024

Governing Cross-Border Data Flows

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The Collective Private Enforcement of Data Protection Rights in the EU

Cited by 12 publications

References 3 publications

Transnational collective actions for cross-border data protection violations

Transnational collective actions for cross-border data protection violations

Governing Cross-Border Data Flows

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