Data Controller: A Shifting Paradigm in the Digital Age

Abstract

The goal of this essay is to capture the new legal paradigm of data controller in light of the transformations and challenges brought by the digitization that emerged over the last two decades. The paper argues that, despite the limited reach of the modifications concerning the notion of data controller in the shift from Directive 95/46/EC to the GDPR, a substantial de facto extension of the scope of application of this category has emerged as result of the efforts made by courts, and most notably the ECJ, to interpret the relevant data protection framework with a view to the rising challenges brought by the digital age.