Sub Group on Online Dispute Resolution, Privacy and Personal Data Protection

Introduction

This sub-group is preoccupied with both basic (fundamental) and applied research on:

• the use of out-of-court dispute settlement mechanisms, procured with the aid of digital technologies, such as alternative- or online dispute resolution (ADR/ODR), for settling disputes arising from privacy and personal data protection law; and
• the protection of privacy and personal data in the functioning of these mechanisms.

This sub-group is predominantly interested in European law sensu largo, notwithstanding relevant legal developments in other jurisdictions. It is meant to, first and foremost, constitute a platform for discussion and exchange of ideas, and a trigger for further collaboration (publications, research grants, events, teaching etc).

Draft Research Agenda

• access to justice in privacy and personal data protection law;
• typology of privacy and personal data protection disputes, and actors involved therein;
• typology of ADR/ODR mechanisms, actors involved therein, and suitability of these mechanisms for solving disputes arising from privacy and personal data protection law;
• evaluation of these mechanisms, especially their impact on ameliorating access to justice, and their conformity with democracy, the rule of law (Rechtsstaat) and fundamental rights;
• inventory of case law where a privacy- or data protection dispute was (attempted to be) solved with the help of these mechanisms; and
• typology of privacy and personal data protection challenges stemming from ADR/ODR mechanisms, and of solutions thereto.