Governing the shadow of hierarchy: Enhanced self-regulation in European data protection codes and certifications

Rotem Medzini

Internet Policy Review: Journal on Internet Regulation, 2021, vol. 10, issue 3, 1-29

Abstract: This paper addresses how European policymakers have delegated the responsibility of protecting European values inside transnational data flows to private bodies acting as regulatory intermediaries. The paper uses a process-tracing methodology to argue that by accrediting private bodies to monitor codes of conduct and to assess conformity with certification schemes, policymakers have allowed enhanced self-regulation to exist in the shadow of European and national hierarchies. The paper process-traces how the two sub-regimes have evolved and then asks what the similarities and differences between the two sub-regimes are. The paper thereafter draws conclusions about how regulators can impact self-regulation that exists in their shadow through regulating via intermediaries instead of using direct modes of regulation.

Keywords: Data protection; Regulatory intermediares; Certification; Accreditation; Codes of conduct; Internet governance (search for similar items in EconPapers)
Date: 2021
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Citations: View citations in EconPapers (1)

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Persistent link: https://EconPapers.repec.org/RePEc:zbw:iprjir:245341

DOI: 10.14763/2021.3.1577

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