Post-GDPR Lawmaking in the Digital Data Society: Mimesis without Integration. Topological Understandings of Twisted Boundary Setting in EU Data Protection Law

Abstract Following up on previous research conducted on post-GDPR lawmaking, this chapter seeks to explore a second wave of post-GDPR lawmaking, particularly regarding the European Strategy for Data and its relation with the field of data protection. For this purpose, a selection of case studies is analysed to look at whether EU lawmakers seek integration, denial or mimetics of the GDPR in different data-intensive activities that have been recently regulated or are soon to be. Following this analysis, the chapter explores different paths to explain the reasons and rationale behind the adopted approach and argues for careful integration with the legal rules of a pre-existing framework of the GDPR and its principles and rules. Only then will boundaries of data protection law be able to function properly. The chapter ends with a perspective on regulatory change in EU lawmaking on the Digital Single Market and its subsequent regulatory strategies as a result of this process.