DEFICIENT BY DESIGN? THE TRANSNATIONAL ENFORCEMENT OF THE GDPR

Abstract Four years following the entry into force of EU data protection framework (the GDPR) serious questions remain regarding its enforcement, particularly in transnational contexts. While this under-enforcement is often attributed to role key national authorities GDPR's procedures, article identifies more systemic flaws. It examines whether GDPR procedures are deficient-by-design and, if not, how these flaws might be addressed. The conclusions reached inform our understanding secure effective Charter right protection. They also significance law enforcement generally given increasing prevalence composite decision-making as mechanism choice administer law.