Verfassungsblog (Jul 2024)
Proximity, Amicable Settlements, and how the EU Guts GDPR Enforcement
Abstract
The EU legislator is working on a new Regulation to modify the GDPR. Unfortunately, the reform features deeply troubling elements. It seeks to mainstream a controversial Irish approach to dealing with data protection complaints, namely “amicable settlements” between individuals and digital corporations. Further, and rather problematically, the reform foreshadows the end of the principle of proximity. Gutting – or at least eroding – the proximity principle should ring alarm bells for anyone concerned with effective judicial remedies in the EU.
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