Co-regulation in EU personal data protection: the case of technical standards and the privacy by design standardisation 'mandate'

Abstract

The recently adopted General Data Protection Regulation (GDPR), a technology-neutral law, endorses self-regulatory instruments, such as certification and technical standards. Even before the adoption of the General Data Protection Regulation, standardisation activity in the field of privacy management and data security had started proliferating. In 2015, the European Commission issued the first standardisation request to the European Standardisation Organisations to develop privacy management standards based on art. 8 of the EU Charter of Fundamental Rights. The article argues that there is an emerging shift from traditional top-down regulation to the inclusion of bottom-up co-regulation tools in the EU data protection legislation. The aim of this contribution is to examine standardisation as a form of co-regulation in the data protection context and draw preliminary conclusions on a potential role of standardisation in relation to (data protection) law.

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