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Discussion ∙ Delivering Data Protection:

Trust and Ethical Culture

Christopher Hodges


The EU General Data Protection Regulation has created a new regulatory matrix to enhance protection and provide business certainty in a digital world. Its enforcement model includes both public and private enforcement, which may lead to large fines and collective actions. However, other regulatory modes have adopted more sophisticated approaches to behaviour, compliance, enforcement, and solving problems. Newer models are based on evidence of observance of behaviour that complies with fundamental values of fairness, permitting relationships of trust. Such systems deliver increased compliance and redress, especially where new issues arise for fast-moving innovative activities such as use of data. This new paradigm offers multiple advantages for the data processing world.

Prof Dr Christopher Hodges, Professor of Justice Systems and Fellow of Wolfson College, University of Oxford; Head of the Swiss Re Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford; Fellow of the European Law Institute; Solicitor of the Senior Courts of England & Wales (non-practising). Research funding is received from the European Justice Forum and the Swiss Reinsurance Company Limited. The author is grateful to Hielke Hijmans, Richard Thomas CBE and two anonymous reviewers for their helpful comments. For correspondence: <>.


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