The GDPR Revitalization: Strengthening Data Protection and Accountability in the European Digital Landscape

The General Data Protection Regulation (GDPR), once heralded as the flagship of European digital data protection legislation, is now under going a long-overdue revitalization over the summer. These forthcoming changes are in response to numerous criticisms of the legislation, highlighting its perceived weaknesses in dealing with big tech companies and its inadequate monitoring of EU member states.

Originally adopted in 2016, the GDPR shook the data privacy world by requiring big tech companies to seek consent before collecting data online or face substantial fines. However, over time, the regulation began to reveal its flaws. Under the existing guidelines, companies are overseen by national regulators based on the country of their headquarters. This approach has proved problematic as tech giants like Meta, Google, and Apple have all established their European bases in Ireland. Consequently, high-profile cases involving these companies are handled primarily by Irish regulators rather than European Commission watchdogs, leading to concerns over the enforcement of robust data protection laws. Although Ireland has imposed significant fines on Meta for GDPR violations, it has faced criticism for being too lenient in other cases. 

To address these issues, the upcoming changes to the GDPR aim to enhance the monitoring of EU member states to ensure proper enforcement of existing regulations. One major change set to take effect this summer is that the European Commission will require national supervisory data protection authorities in EU member states to submit reports every two months detailing large-scale investigations conducted under GDPR guidelines. These reports must include specific details such as case numbers, investigation types, areas ofGDPR violation, and key procedural steps with corresponding dates.

These changes in GDPR enforcement could have significant implications for international big tech companies. Historically, companies like Google and Meta have largely disregarded GDPR guidelines with minimal consequences. For instance, completely preventing Google from tracking user locations has proven nearly impossible, and Facebook has exported European user data with little intervention. Additionally, companies like TikTok, Apple, andTwitter currently face open GDPR cases with uncertain timelines for resolution.

However, ironing out these changes comes with challenges, particularly considering the considerable influence of big tech lobbyists on EU decision-making. While the exact details of the finished GDPR revisions remain uncertain, one thing is clear—big tech companies, along with national regulators, can anticipate an increase in regulatory requirements, guidelines, and potential fines. 

Data protection and security have been critical topics globally, with consumers increasingly weary of their data being constantly tracked and exploited. While the GDPR represented a significant step forward in data protection in 2016, big tech companies have found ways to circumvent the regulation's reach. The forthcoming changes by the European Commission seek to strengthen consumer data protection rights and hold tech companies accountable for violations, fostering a more secure and responsible digital landscape.