• Measuring the Brussels Effect through Access Requests

    Author(s):
    René Louis Pierre Mahieu (see profile) , Hadi Asghari, Christopher Parsons, Joris van Hoboken, Andrew Hilts, Masashi Crete-Nishihata, Siena Anstis
    Date:
    2021
    Group(s):
    Law, Technology and Society
    Subject(s):
    Politics and government, Privacy, Right of
    Item Type:
    Conference paper
    Conf. Title:
    BILETA conference 2021
    Conf. Date:
    14-16 April 2021
    Tag(s):
    right of access to personal data, Governance, Privacy law
    Permanent URL:
    http://dx.doi.org/10.17613/j6a9-2f10
    Abstract:
    The introduction of the GDPR reheated the ongoing debate about the extraterritorial effect of European data protection law. In this debate, Anu Bradford argued that European data protection law affects global markets through the so-called "Brussels Effect", according to which policies diffuse primarily through market mechanisms. Specifically, this phenomenon operates even when the laws of non-EU countries, which set the rules for companies operating in those markets, have not changed to adopt provisions which equal those of EU law. In this paper we investigate empirically whether the introduction of the GDPR has initiated a “Brussels Effect”, improving compliance with data protection law and exporting GDPR standards outside of Europe. By measuring compliance with the right of access for residents of the EU and Canada, we find that this is indeed the case. We suggest that the GDPR’s stronger enforcement provisions are the key driver of this effect, which allows the EU to de facto unilaterally affect companies' behavior globally.
    Notes:
    Working Paper
    Metadata:
    Status:
    Published
    Last Updated:
    3 years ago
    License:
    Attribution-ShareAlike

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