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GDPR Enforcement

Sanjay Sharma·2019·Data Privacy and GDPR Handbook

Abstract

This chapter examines how the rights and responsibilities of the Data Controllers and Processors under General Data Protection Regulations (GDPR) can be enforced under the scheme of the regulation. There are four ways to enforce GDPR compliance: through "in-house" modalities and mechanisms; by approaching the appropriate Supervisory Authority (SA); by going to court; and by having an Alternate Dispute Resolution (ADR) mechanism in place. If the in-house mechanisms for resolving disputes fail, the next option open to data subjects would be approaching the SA. It is evident that any GDPR complaint or suit can be filed by the data subject directly or through a legal representative/attorney to represent their rights before the SA/court. Two scenarios for exercising judicial remedies against the SA are for appeal and delay. GDPR nowhere prohibits or allows a forum selection clause, leaving a vacuum in answering the issues.

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Metadata

Authors
Sharma, S.
Corresponding author
Sanjay Sharma
Venue
Data Privacy and GDPR Handbook
Publisher
Wiley
Published
2019-10-21
Pages
233-267
OpenAlex
W4239673212
Cited by
4
References
0
Citations by year
2024: 1 · 2023: 1 · 2020: 1 · 2019: 1
Type
other
Language
en
Open access
closed
Licence
doi.wiley.com/10.1002/tdm_license_1.1 (tdm)
Topics
  • Social Sciences › Law › Digitalization, Law, and Regulation
  • Social Sciences › Law › Diverse Legal and Medical Studies
  • Social Sciences › Law › Government, Law, and Information Management
Keywords
GDPR enforcement, data controllers, data processors, supervisory authorities, data subject rights, alternate dispute resolution, forum selection clauses, data protection law

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CoChat. (2026). Citation check: GDPR Enforcement. https://app.cochat.ai/papers/10.1002/9781119594307.ch7
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Sharma, S. (2019). GDPR Enforcement. Data Privacy and GDPR Handbook. https://doi.org/10.1002/9781119594307.ch7

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Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.