Data

Pedro de Miguel Asensio

Chapter 3 in EU Digital Law, 2026, pp 159-247 from Edward Elgar Publishing

Abstract: This chapter presents the GDPR as the core instrument on personal data protection, including the concepts on which it is founded, such as personal data, processing, controller and processor. It details the territorial scope of application of the GDPR and discusses the restrictions on cross-border transfers of personal data. Consent by the data subject, performance of a contract and legitimate interests are highlighted as potential legal bases for the processing whose interpretation poses challenges to digital services providers. The rights of the data subject are analysed, including the right to be forgotten in connection to search engine operators and website publishers, and the right to object to automated individual decision-making in relation to the use of AI-related tools. Public and private enforcement of the GDPR are also examined. To conclude, the instruments on governance and access to and use of data, which cover both personal and non-personal data, are presented.

Keywords: Personal Data; GDPR; Controller; Processor; Public and Private Enforcement; Data Act (search for similar items in EconPapers)
Date: 2026
ISBN: 9781839107993
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