Skip to content
Literature · European Data Protection Law Review EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

Two Worlds Colliding – The GDPR In Between Public and Private Law

F. Zopf — European Data Protection Law Review

F. Zopf — European Data Protection Law Review

European Data Protection Law Review
DOI

How it connects

Full text

Continental European legal systems divide the law into public and private law, which is also the basis for conflict of laws. The GDPR poses various challenges relating to this division. Nevertheless, no extensive research considering this angle exists. This paper aims to explore the GDPR through the lens of the public/private law dichotomy in order to understand the GDPR and its deficiencies in this area better. The focus is on enforcement, conflict of laws and forum shopping. In turn, this leads to improved comprehension of the GDPR in general. Keywords: Public/Private Law Dichotomy | Conflict of Laws | Forum Shopping