The first implementation of the EU General Data Protection Regulation(GDPR)has had an important and far-reaching impact on the legislation and law enforcement of personal data privacy protection in countries around the world.Based on 1,701 publicly available GDPR violation penalties issued by Privacy Affairs 2018-2023,this paper constructs a GDPR enforcement effectiveness evaluation framework and quantifies its regulatory goals and regulatory results.It is found that there are three major double-sided effects in the implementation of the GDPR in the past five years:the coexistence of strict supervision of data infringement and weak guidelines for compliance operations,the dilemma of protecting personal data privacy and promoting data product innovation,and the complexity of technological influence and insufficient legislative foresight.In view of this,China's data legislation urgently needs to strengthen the risk-based forward-looking regulation of emerging technologies,and data Law enforcement should improve judicial interpretation and compliance guidelines.
关键词
GDPR/个人数据保护/个人数据流动/执法成效/双面效应
Key words
General Data Protection Regulation(GDPR)/protection of personal data/free movement of personal data/regulation enforcement effectiveness/double-side effects
维普
万方数据