EU General Data Protection Regulation: An Analysis of the Sanctions

Kasper Stampe Wind & Marthe Ulseth

Student thesis: Master thesis

Abstract

The objective of this thesis is to investigate the General Data Protection Regulation, which is due to be implemented in all the EU member states by the second quarter of 2018. The thesis will particularly focus on the provisions about sanctions, implemented in article 79 of the regulation.
The legal analysis in chapter two undertakes a comparative investigation of the provisions in the regulation and the current Personal data Act. The thesis further investigates whether the amendments will result in an accomplishment of the intention of the regulation. We find that the regulation does bring about changes but also new burdens for companies, with regards to the current law. The analysis shows that the regulation fails to clarify its provisions, and that an actual use of the sanctions in article 79, is necessary if the regulation wants to achieve its purpose of strengthening the rights of individuals.
In the economic analysis, we investigate the sanctions and their effects on Danish companies. We find that the sanctions in the regulation will have an over-deterring effect on most Danish companies. It is also established that the deterrent effect will be different due to the two-tiered sanction system in article 79. The proposed fines will furthermore have to be supported by increased expenditures on enforcement to actually work.
The integrated analysis in chapter four, will discuss the introduction of the strengthened sanctions from different angles in order to evaluate to what extent it has a positive impact on Danish companies, economic growth and increase effectiveness. It is emphasized that, the different considerations that influences the regulation, gives more regard to the individuals than the companies. The effectiveness of the regulation will be improved if compliance increases.
Our final conclusion is presented in the last chapter. The sanctions will by itself have a deterrent effect when the regulation is introduced. The deterrent effect will be upheld over time by increased enforcement. This will contribute to an effective compliance with the law.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2016
Number of pages137