The Data Privacy Law of Brexit: Theories of Preference Change
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Paul M. Schwartz
Abstract
Upon Brexit, the United Kingdom chose to follow the path of EU data protection and remain tied to the requirements of the General Data Protection Regulation (GDPR). It even enacted the GDPR into its domestic law. This Article evaluates five models relating to preference change, demonstrating how they identify different dimensions of Brexit while providing a rich explanation of why a legal system may or may not reject an established transnational legal order. While market forces and a “Brussels Effect” played the most significant role in the decision of the UK government to accept the GDPR, important nonmarket factors were also present in this choice. This Article’s models of preference change are also useful in thinking about the likely extent of the UK’s future divergence from EU data protection.
© 2021 by Theoretical Inquiries in Law
Articles in the same Issue
- Frontmatter
- Introduction
- Addictive Law
- Framed by the Law: Experimental Evidence for the Effects of the Salience of the Law on Preferences
- Moral Norms, Adaptive Preferences, and Hedonic Psychology
- What’s So Special About General Verdicts? Questioning the Preferred Verdict Format in American Criminal Jury Trials
- Preference Change and Behavioral Ethics: Can States Create Ethical People?
- The Data Privacy Law of Brexit: Theories of Preference Change
- Do Good Citizens Need Good Laws? Economics and the Expressive Function
- Does the Law Change Preferences?
- Changing People’s Preferences by the State and the Law
- Preferences and Compliance with International Law
- Anti-preferences
- Influencing the Preferences of Children through Legal Impacts on Parenting Style
Articles in the same Issue
- Frontmatter
- Introduction
- Addictive Law
- Framed by the Law: Experimental Evidence for the Effects of the Salience of the Law on Preferences
- Moral Norms, Adaptive Preferences, and Hedonic Psychology
- What’s So Special About General Verdicts? Questioning the Preferred Verdict Format in American Criminal Jury Trials
- Preference Change and Behavioral Ethics: Can States Create Ethical People?
- The Data Privacy Law of Brexit: Theories of Preference Change
- Do Good Citizens Need Good Laws? Economics and the Expressive Function
- Does the Law Change Preferences?
- Changing People’s Preferences by the State and the Law
- Preferences and Compliance with International Law
- Anti-preferences
- Influencing the Preferences of Children through Legal Impacts on Parenting Style
