A Comparative Law and Economics Analysis of the General Data Protection Regulation

Patrick Bleibach Jepsen

Student thesis: Master thesis

Abstract

On the 25th of May 2018, the General Data Protection Regulation (GDPR) entered into force and replaced the Data Protection Directive. The European Commission’s purpose of the GDPR is to increase trust to the digital services. The GDPR is directly applicable in every member state. That means that is it not requited for the member states to implement the GDPR in their national law. Yet the GDPR has a lot of “opening clauses”. Theses opening clauses permit or even require the member states to implement these provisions in their national law.
The purpose of the thesis is to make a comparative law and economics analysis of the GDPR.
Chapter 2 of the thesis consists of a legal analysis. Here a comparative analysis of Denmark and Germany’s implementation of the GDPR in their national law has been made. In this, it is examined whether the two countries have chosen a strict or a less strict implementation of the GDPR. The legal analysis is concluded with a study that shows that Germany is the one with the implementation of the GDPR that increased trust the most.
Subsequently, the thesis consists of an economic analysis where it is examined, whether there is a rationale for regulating the data protection area. The study showed that there is a rationale for regulating on the basis, that the EU Digital Single Market can be realized.
The economic analysis is concluded with a study based on a cost-benefit analysis that shows which of the two countries who had the most efficient implementation of the GDPR.
Finally, the thesis comes with a recommendation on how member states should design their implementation of the GDPR to increase trust in the most efficient way.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageOther
Publication date2019
Number of pages80
SupervisorsHenrik Lando