W Gregory Voss, ‘Data Protection Issues for Smart Contracts’

Smart contracts offer promise for facilitating and streamlining transactions in many areas of business and government. However, they also may be subject to the provisions of relevant data protection laws such as the European Union’s General Data Protection Regulation (GDPR) if personal data is processed. Initially, this chapter discusses the data protection/data privacy distinction in the context of differing legal models. However, the focus of analysis is the GDPR, as the most significant and influential data protection legislation at this time, given in part to its omnibus nature and extraterritorial scope, and its application to smart contracts.

By their very nature, smart contracts raise difficulties for the classification of the various actors involved, which will have an impact on their responsibilities under the law and their potential liability for violations. The analysis in this chapter turns on the roles of the data controller in the context of smart contracts, and this contract review the definition of that term and of ‘joint controller’ considering supervisory authority guidance. In doing so, the signification of the classification is highlighted, especially in the case of the GDPR …

Voss, W Gregory, Data Protection Issues for Smart Contracts (June 3, 2021) in Smart Contracts: Technological, Business and Legal Perspectives (Marcelo Corrales, Mark Fenwick and Stefan Wrbka, eds, Hart Publishing/Bloomsbury, 2021), https://www.bloomsburycollections.com/book/smart-contracts-technological-business-and-legal-perspectives/.

First posted 2021-12-14 18:00:44

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