ABSTRACT
This contribution explores the relationship between existing EU data protection law, in particular Article 8 of the EU Charter of Fundamental Rights (the right to the protection of personal data) and the General Data Protection Regulation , with the EU’s new digital rulebook, as announced in 2020 by the European Commission’s ‘Europe Fit for the Digital Age’ plan. With most of those legislative initiatives now adopted and in force, this analysis advances the idea that EU data protection law is inevitably the cornerstone of all legal frameworks that purport regulating conduct in the digital economy and the digital space involving personal data. It relies on Opinions and Statements published primarily by the European Data Protection Supervisor, sometimes in conjunction with the European Data Protection Board, as well as on case law of the Court of Justice of the EU applying Article 8 Charter. This chapter shows that regardless of the number, complexity and depth of various legal acts focusing on conduct and relationships in the digital space, ultimately data protection law and the supervisory authorities entrusted with its enforcement remain at the core of protecting the fundamental rights of individuals and society from risks and systemic risks resulting from the use of any technology relying on processing of personal data, as well as from personal data sharing among businesses and public authorities.
Zanfir-Fortuna, Gabriela, Follow the (personal) Data: Positioning Data Protection Law as the Cornerstone of EU’s ‘Fit for the Digital Age’ Legislative Package (March 15, 2024), EDPS at 20 Anniversary Volume, Forthcoming June 2024.
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