Article: Does Blockchain Technology Per Se Constitute a Breach of the GDPR? An Effort to Harmonize Two Seemingly Opposing Concepts - Global Privacy Law Review View Article: Does Blockchain Technology Per Se Constitute a Breach of the GDPR? An Effort to Harmonize Two Seemingly Opposing Concepts by - Global Privacy Law Review Article: Does Blockchain Technology Per Se Constitute a Breach of the GDPR? An Effort to Harmonize Two Seemingly Opposing Concepts 6 2

Blockchain technology, as exemplified by Bitcoin, has transformed various sectors by offering transparency, decentralization, and data integrity. However, its core features – immutability, pseudonymity, and autonomy – present challenges under the EU General Data Protection Regulation (GDPR), which prioritizes data minimization, the right to be forgotten, and centralized oversight, among others.

This study examines the conflicts between blockchain and GDPR, focusing on issues such assigning data controller roles and the applicability of GDPR to decentralized systems. It explores the tension between blockchain’s immutable nature and GDPR’s erasure requirements, while proposing potential solutions, such as pseudonymization, flexible interpretations of data deletion, and involving centralized authorities in permissioned networks.

Ultimately, the article advocates for a case-by-case approach to ensure GDPR compliance without undermining blockchain’s core functionality. It emphasizes the need for collaboration between the legal and technical fields to balance privacy rights with the continued innovation of blockchain systems.

Global Privacy Law Review