This base study outlines the current status of suggestions and thoughts how to optimize the regulatory concept for data protection regulation in national and respective international literature.
"Regulatory concept” as a term not only involves legal norms but also the underlying regulatory instruments (e.g. self-regulation, co-regulation, command-and-control regulation), technical measures on both sides, user and data controller/processor, aspects of data security, training and internet literacy as well as contributions of corporate responsibility.
The study focuses on the following issues: dialogue between data regulator and regulates, dialogue as a regulatory instrument, dialogue as a key element in "privacy by design”; transparency in data protection, including informed consent and the precautionary principle; the value of data and commercialisation; personal identifiable data as the link for data protection law; public vs. private data protection law; organisational aspects in data protection regulation; co-regulation, § 38a BDSG; flanking measures, internet literacy, CSR.
Examined are models and concepts, but not individual data protection related questions. The topical areas will be published in analysis papers.