Two Worlds Colliding – The GDPR In Between Public and Private Law

Author(s)

Felix Zopf

Abstract

Continental European legal systems divide the law into public and private law, which is also the basis for conflict of laws. The GDPR poses various challenges relating to this division. Nevertheless, no extensive research considering this angle exists. This paper aims to explore the GDPR through the lens of the public/private law dichotomy in order to understand the GDPR and its deficiencies in this area better. The focus is on enforcement, conflict of laws and forum shopping. In turn, this leads to improved comprehension of the GDPR in gener-al.

Organisation(s)

Department of Innovation and Digitalisation in Law

Journal

European Data Protection Law Review

Volume

8

Pages

210 - 220

No. of pages

11

ISSN

2364-2831

DOI

https://doi.org/10.21552/edpl/2022/2/8

Publication date

07-2022

Peer reviewed

Yes

Austrian Fields of Science 2012

505012 Public law, 505003 European law, 505002 Data protection, 505031 Civil law

Keywords

ASJC Scopus subject areas

Law

Portal url

https://ucris.univie.ac.at/portal/en/publications/two-worlds-colliding--the-gdpr-in-between-public-and-private-law(2cc3948f-22c6-4418-a1b9-2023dc53bd95).html