IDEAS home Printed from https://ideas.repec.org/p/zbw/itse22/265672.html
   My bibliography  Save this paper

Articles 40-41 GDPR: A New Approach to Using Codes of Conduct in EU Law?

Author

Listed:
  • Vander Maelen, Carl

Abstract

In the wake of the 'new governance' school of thought, the EU has increasingly relied on soft law instruments that include a large number of (non-political) stakeholders into the policy process. Codes of conduct are such instruments. They have traditionally been used in EU law in a wide but inconsistent variety of ways. This makes it hard to summarise their legal characteristics. However, a clearer picture emerges in the sub-field of EU personal data protection. The question then becomes whether the use of codes in articles 40-41 GDPR presents a paradigm shift in how codes are used in EU law. Although embedding codes within the EU's hard law instruments is not new, this contribution argues that GDPR codes display unique features across their functional dimensions (implementation, accountability, and enforcement) and the dimensions of legalisation (obligation, precision, and delegation). The paper ends by framing these findings within the larger context of increasingly 'hard' EU soft law and the specific phenomenon of 'GDPR mimesis' in the EU's ICT policy.

Suggested Citation

  • Vander Maelen, Carl, 2022. "Articles 40-41 GDPR: A New Approach to Using Codes of Conduct in EU Law?," 31st European Regional ITS Conference, Gothenburg 2022: Reining in Digital Platforms? Challenging monopolies, promoting competition and developing regulatory regimes 265672, International Telecommunications Society (ITS).
    • Handle: RePEc:zbw:itse22:265672
    as

    Download full text from publisher

    File URL: https://www.econstor.eu/bitstream/10419/265672/1/Vander-Maelen.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Codes of conduct; Article 40 GDPR; Article 41 GDPR; Soft law; Audiovisual Media Services Directive; Digital Services Act; Artificial Intelligence Act;
    All these keywords.

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:zbw:itse22:265672. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ZBW - Leibniz Information Centre for Economics (email available below). General contact details of provider: http://www.itseurope.org/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.