Gianclaudio Malgieri

TL;DR: The aim of this article is to propose a first systematic interpretation of this new right, by suggesting a pragmatic and extensive approach, particularly taking advantage as much as possible of the interrelationship that this new legal provision can have with regard to the Digital Single Market and the fundamental rights of digital users.

TL;DR: The real borderlines of the 'right to explanation' in the GDPR are analyzed and a 'legibility test' is recommended that data controllers should perform in order to comply with the duty to provide meaningful information about the logic involved in an automated decision-making.

TL;DR: If individuals are shown the “price” of their personal data, they can acquire higher awareness about their power in the digital market and thus be effectively empowered for the protection of their information privacy.

TL;DR: The aim of this paper is to analyse the very recently approved national Member States’ laws that have implemented the GDPR in the field of automated decision-making (prohibition, exceptions, safeguards): all national legislations have been analysed and in particular 9 Member States Law address the case of automated decisions making providing specific exemptions and relevant safeguards.

TL;DR: The article suggests that the best interpretation of the fairness principles in the GDPR (taking into account both the notion of procedural fairness and of fair balancing) is the mitigation of data subjects' vulnerabilities through specific safeguards and measures.