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Governing the shadow of hierarchy: Enhanced self-regulation in European data protection codes and certifications

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  • Medzini, Rotem

Abstract

This paper addresses how European policymakers have delegated the responsibility of protecting European values inside transnational data flows to private bodies acting as regulatory intermediaries. The paper uses a process-tracing methodology to argue that by accrediting private bodies to monitor codes of conduct and to assess conformity with certification schemes, policymakers have allowed enhanced self-regulation to exist in the shadow of European and national hierarchies. The paper process-traces how the two sub-regimes have evolved and then asks what the similarities and differences between the two sub-regimes are. The paper thereafter draws conclusions about how regulators can impact self-regulation that exists in their shadow through regulating via intermediaries instead of using direct modes of regulation.

Suggested Citation

  • Medzini, Rotem, 2021. "Governing the shadow of hierarchy: Enhanced self-regulation in European data protection codes and certifications," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 10(3), pages 1-29.
    • Handle: RePEc:zbw:iprjir:245341
    DOI: 10.14763/2021.3.1577
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    Cited by:

    1. Epstein, Dmitry & Medzini, Rotem, 2022. "Conversations with fellow leaders: Privacy framing in congressional hearings after Cambridge Analytica," Telecommunications Policy, Elsevier, vol. 46(10).

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