Distributed Ledger, Joint Control? – Blockchains and the GDPR’s Transparency Requirements

Abstract

The authors discuss the application of the EU General Data Protection Regulation’s transparency requirements to distributed ledger (DL) systems. In Section II. the relevant characteristics of DL systems are outlined. Section III. deals with the question of the applicability of the GDPR to DL systems. In Section IV., the authors discuss whether DL system participants can be considered controllers or even joint controllers that are obliged to determine their responsibilities in an arrangement pursuant to Art. 26 paras. 1, 2 GDPR. The conclusion in Section V. includes an outlook to possible approaches to improving transparency in DL systems.