Incorporation of Technical Standards in Legal Orders
Irene Kamara · 2025
Abstract This chapter provides the theoretical foundations and an analytical framework for studying standardization in support of data protection law. The chapter presents the components of the theoretical framework, the interaction of standardization, and the Union legal order in terms of systems, actors, and instruments. It first explores the need for incorporation of standards by EU law and the reasons for such need according to prominent theories of legal pluralism and Transnational Private Regulation. The chapter further analyses the interaction between public law and standardization, and proposes an analytical framework of functions of standards in relation to EU public law on the basis of the identified development modes (co-development, committee-based, market-based) and the types of standards (European harmonized and non-harmonized, international, and national standards).