This chapter introduces the reader to the concept of codes of conduct under Art. 40 GDPR and their potential as a co-regulation instrument for the market. It offers a practical approach to the subject, although it also delves deeper into certain issues.
It presents the key elements of codes of conduct, the scope of application by differentiating between national and transnational codes of conduct and elaborates on the main differentiating factors in terms of approval processes as well as legal effects particularly with regards to general validity. It highlights the benefits and potentials in promoting compliance and fostering innovation via codes of conduct while also touches upon the main challenges that have been identified in their implementation so far. Finally, by providing examples from the market this contribution attempts to identify current needs of the industry.
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