Dear Erich,

Thank you for reading my article and your question! I highly appreciate the feedback.

Due to the young age of the GDRP, there is currently no relevant case law. The question of whether GDPR is, in principle blockchain-suitable, being discussed in the literature controversial. Some jurists differentiate between the application of the GDPR in the case of the permission free and authorization-restricted blockchain. The authors favor the possible suitability of the GDPR in the restricted-admission blockchains, which centralize the influence on the network.

However, in isolated cases, the authors do not rule out the possibility of applying the GDPR in the case of permission free blockchains. The difficulty lies in the possibility of central influence on the network. There, every participant in the network would be responsible for the meaning of the GDPR. Authors (Martini / Weinzierl: NVwZ 2017, 1251 (1256 f.), similar to Scholtka / Kneuper: IR 2019, 17 (20)) see the possibility of blocking the data as the approach to the applicability of the GDPR in permission free blockchains as minus to the right to erasure. It should be noted that the responsibility of each participant in the network corresponds to the natural essence of blockchain, decentralization. It remains to be seen how case law, and also jurisprudence, will develop in this area, with the technical side of development being constantly considered.

Attorney and Partner @KPMG with focus on public sector | #blockchain enthusiast #catowner Articles own

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