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11 J.L. & Biosciences 1 (2024)

handle is hein.journals/jlbsc11 and id is 1 raw text is: 


Journal of Law and the Biosciences, 1-30
https://doi.org/10.1093/jlb/lsaeOO1
OriginalArticle




   Purpose definition as a crucial step for


        determining the legal basis under


              the GDPR: implications for


                       scientific research


 Regina   Becker       l*'t, Davit   Chokoshvilil, Adrian Thorogood2,

            Edward S. Dove         3,  Fruzsina   MolnAr-GAbor4,

     Alexandra Ziaka5'6, Olga Tzortzatou-Nanopoulou7 and

                             Giovanni ComandeO

              1 Luxembourg National Data Service, L-4362 Esch-sur-Alzette, Luxembourg
                    2Terry Fox Research Institute, V5Z 1L3 Vancouver, Canada
                 3School ofLaw, University of Edinburgh, EH8 9YL, Edinburgh, UK
                 4Faculty of Law, Heidelberg University, 69117, Heidelberg, Germany
  5 Tilburg Institute for Law, Technology & Society (TILT), Tilburg University, Tilburg 5037 DB, Netherlands
                             6MPLegal, Athens 15231, Greece
   7Legal Department, Biomedical Research Foundation of the Academy ofAthens, Athens 11527, Greece,
                    8 Sant'Anna School ofAdvanced Studies, 56127, Pisa, Italy

                    *Corresponding author. E-mail: Regina.beckerca~lnds.lu


                                   ABSTRACT
         The General Data Protection Regulation (GDPR) of the European Union,
         which became  applicable in 2018, contains a new accountability principle.
         Under  this principle, controllers (ie parties determining the purposes and
         the means of the processing of personal data) are responsible for ensuring
         and  demonstrating the overall compliance with the GDPR. However,
         interpretive uncertainties of the GDPR mean that controllers must exercise
         considerable judgement in designing and implementing an appropriate
         compliance  strategy, making GDPR   compliance  both complex  and
         resource-intensive. In this article, we provide conceptual clarity around
         GDPR compliance with respect to one core aspect of the law: the


  t  Regina Becker, PhD, is ELSI (Ethical, Legal, and Social Impacts) Fellow at the Luxembourg National Data
     Service. Dr Becker's work is centered on ethical and legal aspects of the governance, sharing and (re)use of
     personal data, with a particular focus on the reuse of biomedical personal data for research purposes.

© TheAuthor(s) 2024. Published by Oxford University Press on behalfofDuke University School ofLaw, Harvard
Law School, Oxford University Press, and Stanford Law School. This is an Open Access article distributed under
the terms ofthe Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which
permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly
cited.

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