Enforcement

Bjørn Aslak Juliussen

Chapter 7 in Compliance by Design in AI Systems, 2026, pp 303-313 from Edward Elgar Publishing

Abstract: This chapter explores the concept of “proportionality by design” as a foundational principle for enforcement within the frameworks of the GDPR and the AI Act. It examines how the proportionality by design concept operates across different enforcement actors, namely, controllers and providers through self-enforcement mechanisms, regulatory bodies through the application of fundamental rights-based enforcement, and courts. The analysis maps the current enforcement landscape under the GDPR and anticipates the evolving role of proportionality in the enforcement of the AI Act. The chapter concludes that proportionality-based approaches are not only conceptually viable but also are already emerging in practice.

Keywords: Market Surveillance Authorities; Enforcement in Courts; Administrative Fines (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035390724
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