Articles 40-41 GDPR: A New Approach to Using Codes of Conduct in EU Law?

Carl Vander Maelen

31st European Regional ITS Conference, Gothenburg 2022: Reining in Digital Platforms? Challenging monopolies, promoting competition and developing regulatory regimes from International Telecommunications Society (ITS)

Abstract: In the wake of the 'new governance' school of thought, the EU has increasingly relied on soft law instruments that include a large number of (non-political) stakeholders into the policy process. Codes of conduct are such instruments. They have traditionally been used in EU law in a wide but inconsistent variety of ways. This makes it hard to summarise their legal characteristics. However, a clearer picture emerges in the sub-field of EU personal data protection. The question then becomes whether the use of codes in articles 40-41 GDPR presents a paradigm shift in how codes are used in EU law. Although embedding codes within the EU's hard law instruments is not new, this contribution argues that GDPR codes display unique features across their functional dimensions (implementation, accountability, and enforcement) and the dimensions of legalisation (obligation, precision, and delegation). The paper ends by framing these findings within the larger context of increasingly 'hard' EU soft law and the specific phenomenon of 'GDPR mimesis' in the EU's ICT policy.

Keywords: Codes of conduct; Article 40 GDPR; Article 41 GDPR; Soft law; Audiovisual Media Services Directive; Digital Services Act; Artificial Intelligence Act (search for similar items in EconPapers)
Date: 2022
New Economics Papers: this item is included in nep-ict, nep-law and nep-reg
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Persistent link: https://EconPapers.repec.org/RePEc:zbw:itse22:265672

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