Mahmood Kashani, Seyed Milad (2024) "Harmonizing Smart Contracts and GDPR: A Comparative Study of Legal Frameworks in Italy, Iran, and Germany. [Tesi di dottorato]

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Abstract

The Industrial Internet of Things (IIoT) has a profound influence on many facets of life, and the advent of the internet in the twenty-first century has caused a tremendous transformation in society and our lives. Concerns about data security and privacy have grown as a result of this rapid expansion, especially in the fields of smart contracts, smart grids, smart cities, and intelligent logistics. Electronic commerce enterprises heavily rely on predictive algorithms in their recommendation systems to customize customers' buying experiences, examine consumer habits and behaviors, predict product trends, and manage demand distribution. However, the rapid advancement of technology has resulted in an increase in concerns about information privacy and security. The rapid pace of internet development and the ownership of personal data by centralized service providers raises questions about the future of privacy and security systems. Blockchain and smart contracts have the potential to alter the fundamental idea of personal autonomy, leading to a gradual substitution of individual will with technological decisions. Artificial intelligence has the capability to independently make judgments and conduct intricate evaluations to pursue specific objectives. Contextualizing data is becoming more possible because of recent technological advancements, especially when it comes to personally identifiable information (PII) or personal data. The possibility of re-identifying data from different sources has increased due to technological advancements; thus, it is imperative that people's rights be protected to the same extent as their other rights. Innovative and interconnected information technology is being integrated into everyday situations and objects, such as automobiles, residential properties, and healthcare. Embedded information technology systems passively capture data without human intervention, making crucial stimuli in the physical realm accessible for digital retrieval without detection. Due to the growing consumer connectivity, information is being developed and shared online. Different service providers, device manufacturers, ISPs, app developers, and mobile operators are collecting this data for their own purposes or to sell to other businesses. Due to worries about privacy and the security of personal data, privacy laws and regulations, including the General Data Protection Regulation (GDPR) in Europe, have been amended. Big Data, another emerging advancement, allows for the instantaneous analysis of massive volumes of data from diverse sources, including those created by various applications. These correlations can provide new insights and potentially replace the need for root-cause analyses, enabling forecasting of health and criminal vulnerabilities, improving medical interventions, and attributing human dispositions, emotions, and behaviors to product attributes. Increased data availability results in more meaningful and reliable data patterns, leading to enhanced value. Silicon Valley firms have expanded their services globally, encompassing sales of personal smartphones and online advertising services. With the advent of new technologies like IoT and big data, the ability to capture vast amounts of data has significantly increased, resulting in personal data becoming increasingly concentrated in the hands of a small number of large multinational corporations. Data security is crucial for enterprises of all sizes and industries, especially when engaging with consumers. Confidential information must be safeguarded and protected, and the adoption of personal information management systems (PIMS) in accordance with ISO/IEC 27701 standards is an appropriate solution. The law needs to be regularly revised to adjust, reinterpret, and ensure clarity in specific circumstances, as its primary goal is to offer equitable resolutions to issues arising from past events. Legal practitioners should actively engage and uphold their proper role in the technical advancement of electronic contracting and smart contracts. This study examines the connections between smart contract technology and the recently implemented European General Data Protection Regulation, which aims to give individuals back ownership of their personal data and harmonize personal data protection throughout the European Union. The objective is to determine whether smart contracts can abide by the new rule and how smart contract technology could facilitate compliance.

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