Phd Researcher

4 maanden geleden

Amsterdam, Nederland Universiteit van Amsterdam Voltijd

PhD Researcher - Boosting Private Law Remedies in the Economy of Data

**Faculteit/Dienst**:Faculteit der Rechtsgeleerdheid**Opleidingsniveau**:Master**Functie type**:Wetenschappelijk Personeel**Sluitingsdatum**:15 november 2024**Vacaturenummer**:13358- We are inviting proposals for a PhD project that explores the intricate domain of private law remedies within data law, examining how different legal frameworks can ensure robust protection. What private law remedies are available within the current legal frameworks in case of data protection breaches and what type of legal framework might help to ensure effective remedies?- While Article 82 of the General Data Protection Regulation (GDPR) opens the door to private remedies in the data economy, there is still a critical gap in both scholarship and case law as to how private enforcement can contribute to safeguarding data protection rights. The project aims to answer the question of how the private law remedies, or the legal framework shaping such remedies, should be rethought to ensure effective remedies for individuals faced with data protection breaches, while accounting for the broader societal implication of structural abuse of data-processing, in light of the societal and structural dimension of online harms.Some of the questions that applicants could consider in their research projects are the following:
- 1. Role of Private Enforcement in Data Protection Law:

- Investigate the effectiveness of private enforcement mechanisms in achieving compliance and protecting individuals’ data rights;
- Explore the interaction between private enforcement and public regulatory actions.

2. Functions of Liability Rules in Data Protection Law:

- Examine the different functions of liability rules in data protection, including deterrence, compensation, and corrective justice;
- Analyze how these functions interact and the implications for effective en-forcement.

3. Impact of Collective Private Enforcement of Data Protection Law:

- Assess the potential and challenges of collective private enforcement in the context of data protection;
- Study the role of class actions, representative actions, and other collective mechanisms in addressing data breaches and violations.

4. Alternative Remedies Beyond Monetary Damages:

- Investigate the use of remedies other than monetary damages to ensure data protection, such as unjust enrichment, civil penalties, apologies, etc.;
- Identifying and sharping systemic remedies moving beyond individually focused remedies to foster systemic changes.
- Applicants are welcome to propose a topic within the scope of these themes, without the need to address all the listed topics, by adopting a private law perspective. This does not exclude the possibility of extending the analysis comparatively to more specific fields of law, such as consumer law, anti-discrimination law, competition law and intellectual property law, or possibly looking beyond the area of data protection. Projects with a comparative focus, both inside and outside the EU, as well as projects with a strong theoretical approach, are strongly encouraged. Interdisciplinary approaches are also welcomed, as are projects based on diverse methodologies.

**Your profile**
- You have a master’s degree in law;
- You are interested in conducting research on a topic related to the broader theme of the project and are committed to completing a doctoral dissertation;
- You have experience with conducting academic research and academic writing;
- You have experience or are interested in conducting comparative research and working with interdisciplinary methodological approaches;
- You have a strong interest in academic research;
- You are willing to contribute to activities related to the project such as the organising of academic events or outreach and communication of research results to relevant communities of practitioners and policy makers.
- Then the job of PhD researcher at the University of Amsterdam is perfect for you as a highly versatile professional.**What does this job entail?**
- You will be employed as a doctoral researcher at the Private Law Department at Amsterdam Law School with the purpose of completing a doctoral dissertation in a period of four years;
- You will become part of the Amsterdam Centre for Transformative Private Law (ACT), thus joining a vibrant research community;
- You will have some limited teaching obligations upon arrangement with the Private Law Department at the Amsterdam Law School;
- You will be supported in developing your own original PhD research by a team of aca-demic supervisors, and structured skills and research training and workshops provided by the University of Amsterdam;
- You will have access to some funding for conducting comparative research abroad, and attending conferences and workshops.

**What do you have to offer?**

In addition, you have:

- Ability to carry out academic research within private law;
- Knowledge of and interes

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