Abstract
This paper analyses the final version of Articles 42 and 43 dedicated to the certification procedures in the General Data Protection Regulation (hereinafter GDPR). It questions the introduction of this procedure in the data protection regulation framework and argues that the purposes assigned to the certification in the GDPR meet the needs of the different contributors to the preliminary discussions to the reform. It also argues that the processes defined in Articles 42 and 43 to issue the certification diverge from the commonly accepted practices in this activity and the processes suggested in the new regulation impede its chance to be successfully implemented.
| Original language | English |
|---|---|
| Pages (from-to) | 814-826 |
| Number of pages | 13 |
| Journal | Computer Law and Security Review |
| Volume | 32 |
| Issue number | 6 |
| DOIs | |
| Publication status | Published - 1 Dec 2016 |
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Keywords
- Certification
- certification mechanisms
- GDPR
Cite this
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Why the certification process defined in the General Data Protection Regulation cannot be successful. / Lachaud, Eric.
In: Computer Law and Security Review, Vol. 32, No. 6, 01.12.2016, p. 814-826.Research output: Contribution to journal › Article › Scientific › peer-review
TY - JOUR
T1 - Why the certification process defined in the General Data Protection Regulation cannot be successful
AU - Lachaud, Eric
PY - 2016/12/1
Y1 - 2016/12/1
N2 - AbstractThis paper analyses the final version of Articles 42 and 43 dedicated to the certification procedures in the General Data Protection Regulation (hereinafter GDPR). It questions the introduction of this procedure in the data protection regulation framework and argues that the purposes assigned to the certification in the GDPR meet the needs of the different contributors to the preliminary discussions to the reform. It also argues that the processes defined in Articles 42 and 43 to issue the certification diverge from the commonly accepted practices in this activity and the processes suggested in the new regulation impede its chance to be successfully implemented.
AB - AbstractThis paper analyses the final version of Articles 42 and 43 dedicated to the certification procedures in the General Data Protection Regulation (hereinafter GDPR). It questions the introduction of this procedure in the data protection regulation framework and argues that the purposes assigned to the certification in the GDPR meet the needs of the different contributors to the preliminary discussions to the reform. It also argues that the processes defined in Articles 42 and 43 to issue the certification diverge from the commonly accepted practices in this activity and the processes suggested in the new regulation impede its chance to be successfully implemented.
KW - Certification
KW - certification mechanisms
KW - GDPR
U2 - 10.1016/j.clsr.2016.07.001
DO - 10.1016/j.clsr.2016.07.001
M3 - Article
VL - 32
SP - 814
EP - 826
JO - Computer Law and Security Review
JF - Computer Law and Security Review
SN - 0267-3649
IS - 6
ER -