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CAN WE PROTECT DATA IN DIGITAL ECONOMY: REALITY OR MYTH?
Abstract
Currently, the most challenging issues in the digital economy are legal issues. Data protection in the digital world, and processing of a number of information on a daily basis is one of the most important achievements that must be accomplished when considering regulatory framework in micro and macro surrounding. Data and their protection are crucial and the most important issue in process of connecting and consolidating information. Data protection reform is one of the cornerstones of the Digital Single Market. The third Pillar of the Digital Market Strategy “Maximising the Growth and Potential of the Digital Economy” deals, among other issues, with emerging legal problems and obstacles in establishing European Data Economy. Despite the new existing regulation on the EU level, we are still facing numerous difficulties and “grey zones” which enable disclosure of data. The main idea of the Digital Single Market is to allow European citizens and businesses to benefit from the digital economy. The aim of this study is to give a comparative analysis of the existing regulatory framework in the EU and Member States, with special focus on new Regulation on data protection and some new solutions. Furthermore, the study provides an overview of the case law of the Court of Justice of the European Union dealing with data protection. Analysis will raise some open questions regarding given regulatory regime on supranational level, particularly how the Regulation as a legal instrument can harmonize variety of information in different and specialized fields like company law, health law, consumer law. How to overcome the variety of future 27 different national regulatory frameworks when harmonizing such an important issue as data protection? The objective of the study is to answer whether this Regulation can give back to the citizens control of their personal data and simplify regulatory environment for businesses.
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