Self-regulation in the General Protection Data Regulation as a solution to a fragmented digital market: the child and the Registries

Abstract

The opportunity to develop a new, «non fragmented» regulatory framework for the protection of the digital native offered by the General Data Protection Regulation by enshrining the binding character of self-regulation is a challenge for the digital market, a way to deal at an early stage with all the changes connatural to it, as well as a means to provide a unified solution to problems and risks that may arise in the children’s digital ecosystem and encourage the unavoidable technological convergence. It implies gradually converting the consensual, monitored by the European Union self-regulations imposed by the technological convergence into «hard law», with a view to putting an end to the fragmentation found in the telecommu- nications, audiovisual and information society sectors in which children operate. This novel formula of legislating through consensus reached by those involved in the digital market industry may propitiate the formulation of a specific Code of Conduct for Children’s Digital Ecosystem Protection, of a binding character, which harmonizes general rules applicable to digital natives. Furthermore, the "Code of Conduct formula" arises in the GDPR as an opportunity to lay down criteria to weigh the legitimate interests of those who intend to access the Real Estate and Mercantile Registries. It is only for the registrars to raise the question.