Reflecting on the GDPR to celebrate Privacy Day 2024

Just in time for Data Privacy Day 2024 on January 28, the EU Commission is calling for evidence to understand how the EU’s General Data Protection Regulation (GDPR) has been functioning now that we’re nearing the 6th anniversary of the regulation coming into force.

We’re so glad they asked, because we have some thoughts. And what better way to celebrate privacy day than by discussing whether the application of the GDPR has actually done anything to improve people’s privacy?

The answer is, mostly yes, but in a couple of significant ways – no.

Overall, the GDPR is rightly seen as the global gold standard for privacy protection. It has served as a model for what data protection practices should look like globally, it enshrines data subject rights that have been copied across jurisdictions, and when it took effect, it created a standard for the kinds of privacy protections people worldwide should be able to expect and demand from the entities that handle their personal data. On balance, the GDPR has definitely moved the needle in the right direction for giving people more control over their personal data and in protecting their privacy.

In a couple of key areas, however, we Continue reading