Smart Contracts as a Form of Solely Automated Processing Under the GDPR
29 Pages Posted: 8 Jan 2019
Date Written: January 8, 2019
This article examines the interaction between smart contracts and Article 22 GDPR. There is currently much debate regarding the potential of smart contracts. In spite of their name, this form of computer code is however neither necessarily smart nor a contract. I argue that they are, however, a form of solely automated data processing under Article 22(1) GDPR and subsequently examine the interaction between smart contracts and the European data protection framework to highlight uncertainties regarding the interpretation of the legal regime applying to solely automated forms of data processing under the GDPR.
Keywords: Article 22 GDPR, data protection, consent, smart contracts, solely automated data processing, right to human intervention
Suggested Citation: Suggested Citation