Program Participant

Name:Carl Vander Maelen
TitleCompany:Doctoral Researcher, Ghent University (Belgium) - Faculty of Law, Belgium
Bio:Carl Vander Maelen is a doctoral researcher at Ghent University (Belgium) – Faculty of Law. He researches the role that codes of conduct play in the European Union’s data protection policy, with a specific focus on the General Data Protection Regulation (GDPR). He is co-editor of the book ‘An introduction to Law & Technology’ and has published articles in academic journals such as European Data Protection Law Review, and International Review of Law, Computers and Technology. He was the recipient of the ‘Young Scholar Award’ at the 2018 Amsterdam Privacy Conference, the award for ‘Best Postgraduate Paper’ at the 2019 BILETA conference, and one of the grantees of the ‘HBI/GIG-ARTS Emerging Scholars Network Grant’. He has completed internships at the Belgian Embassy in Washington D.C. and at the IT law firm Timelex.
Title:You can find Carl in:
Tuesday, 17 January 202315:30–16:45Advancing Research: PTC’s 2023 Emerging ScholarsMPCC, South Pacific 2PTC23PROGRTS_EMERGING_2


Award:PTC'23 Emerging Scholar
In its articles 40 and 41, the General Data Protection Regulation (GDPR) proposes the use of codes of conduct to help private actors demonstrate data protection accountability, as well as to aid with the implementation of the Regulation. However, the emphasis that the GDPR places on these soft law instruments is somewhat remarkable since both the EU and legal scholars concluded that article 27 of the 1995 Data Protection Directive, as the legislative predecessor to articles 40 and 41 GDPR, failed to make codes of conduct a key element of European data protection practices. This contribution seeks to investigate why the 1995 Directive was unsuccessful and, on the basis of those findings, attempts to formulate informed predictions on what any similarities and differences between article 27 DPD and articles 40-41 GDPR might tell us about the future course of codes of conduct under the GDPR.