<abstract xmlns="http://www.w3.org/1999/xhtml"><p> The Regulation (EU) 2016/679 on the protection of personal data (GDPR) was enacted in 2016 and applies from 25<sup>th</sup>May 2018 in the entire EU. The GDPR is a product of an ambitious reform and represents a direct penetration of the EU law into the legal systems of the EU member states. The EU works on the enhancement of awareness about the GDPR and points out its bright side. However, the GDPR has its dark side as well, which will inevitably have a negative impact. Hence, the goal of this paper is twofold - (i) to scientifically identify, forecast, and analyze selected problematic aspects of the GDPR and its implementation, in particular for Czech municipalities, and (ii) to propose recommendations about how to reduce, or even avoid, their negative impacts. These theoretic analyses are projected to a Czech case study focusing on municipalities, which offers fresh primary data and allows a further refining of the proposed recommendations. An integral part of the performed analyses is also a theoretic forecast of expenses linked to the GDPR, which municipalities will have to include in their mandatory expenses and mid-term prognostic expectations regarding the impact on the budgets of these municipalities from Central Bohemia. The GDPR, like Charon, is at the crossing, the capacity and knowledge regarding its application is critical for operating in the EU in 2018. It is time both to admit that the GDPR has its dark side and to present real and practical recommendations about how to mitigate it.</p></abstract>

The Regulation (EU) 2016/679 on the protection of personal data (GDPR) was enacted in 2016 and applies from 25thMay 2018 in the entire EU. The GDPR is a product of an ambitious reform and represents a direct penetration of the EU law into the legal systems of the EU member states. The EU works on the enhancement of awareness about the GDPR and points out its bright side. However, the GDPR has its dark side as well, which will inevitably have a negative impact. Hence, the goal of this paper is twofold - (i) to scientifically identify, forecast, and analyze selected problematic aspects of the GDPR and its implementation, in particular for Czech municipalities, and (ii) to propose recommendations about how to reduce, or even avoid, their negative impacts. These theoretic analyses are projected to a Czech case study focusing on municipalities, which offers fresh primary data and allows a further refining of the proposed recommendations. An integral part of the performed analyses is also a theoretic forecast of expenses linked to the GDPR, which municipalities will have to include in their mandatory expenses and mid-term prognostic expectations regarding the impact on the budgets of these municipalities from Central Bohemia. The GDPR, like Charon, is at the crossing, the capacity and knowledge regarding its application is critical for operating in the EU in 2018. It is time both to admit that the GDPR has its dark side and to present real and practical recommendations about how to mitigate it.

Selected Issues from the Dark Side of the General Data Protection Regulation

Review of Economic Perspectives

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

{"article-title":"Selected Issues from the Dark Side of the General Data Protection Regulation"}

The Regulation (EU) 2016/679 on the protection of personal data (GDPR) was enacted in 2016 and applies from 25thMay 2018 in the entire EU. The GDPR is a...

Selected Issues from the Dark Side of the General Data Protection Regulation

Published Online: Dec 06, 2018

Page range: 387 - 407

Received: Jun 10, 2018

Accepted: Oct 29, 2018

DOI: https://doi.org/10.2478/revecp-2018-0020

Keywords
Controller v. processor, Data protection officer, GDPR, Transparency

© 2018 Eva Daniela Cvik, et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Selected Issues from the Dark Side of the General Data Protection Regulation

Published Online: Dec 06, 2018

Page range: 387 - 407

Received: Jun 10, 2018

Accepted: Oct 29, 2018

DOI: https://doi.org/10.2478/revecp-2018-0020

KeywordsController v. processor, Data protection officer, GDPR, Transparency

© 2018 Eva Daniela Cvik, et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Keywords
Controller v. processor, Data protection officer, GDPR, Transparency