Examination of the Efficacy and Limitations of the General Data Protection Regulation as a Counterforce to Surveillance Capitalism

Abstract

This thesis is focusing on the evaluation of the efficacy of the GDPR in combating the regime of surveillance capitalism. Utilising qualitative research of existing literature and EU legislation and case law, it introduces the threats to the rights to privacy and the concept of surveillance capitalism. Continuing, the thesis analyzes the core provisions of GDPR, about the rights of data subjects and the obligations of data controllers. Furthermore, the enforcement potential of GDPR and the international impact of GDPR is being presented. The essay proceeds to discuss the successes and shortcomings of GDPR, and the challenges it has faced, stemming from the dominance of Big Tech and technological developments. Finally, the regulatory future is being discussed, in the context of improving legislation to combat surveillance capitalism more efficiently, and overcoming the systemic obstacles found in its implementation.