Researcher - Boosting Private Law Remedies in the Economy of Data

PhD Project on Private Law Remedies in Data Law

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, considering 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 enforcement.
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 shaping systemic remedies moving beyond individually focused remedies to foster systemic changes.

Applicants are welcome to propose a topic within the scope of these themes. This can be done by adopting a private law perspective and extending the analysis to more specific fields of law, such as consumer law, anti-discrimination law, competition law, and intellectual property law. 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 organizing academic events or outreach and communication of research results to relevant communities of practitioners and policymakers.

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 academic 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?

• Ability to carry out academic research within private law;
• Knowledge of and interest in general private law or specific private law subfields, such as tort law, contract law, and private law remedies; the theoretical conceptualization of remedies and the transformative power of private law in the digital economy (a background in data protection law is an advantage);
• Knowledge of and/or interest in the project theme and related fields, such as consumer law, anti-discrimination law, competition law, and intellectual property law;
• Excellent organizational skills and ability to work independently;
• Excellent written and oral communication in English. Good knowledge of Dutch is an advantage;
• Excellent interpersonal skills, willingness, and ability to work with others.

What Can We Offer You?

We offer an employment contract for four years with a probationary period of one year, preferably starting on 1 February 2025.

Your salary, depending on your relevant experience on commencement of the employment contract, ranges between € 2.872 to € 3.670 gross per month on the basis of a full working week of 38 hours. This sum does not include the 8% holiday allowance and the 8.3% year-end allowance. The Collective Labour Agreement for Dutch Universities (CAO NU) is applicable.

About Us

The University of Amsterdam is the largest university in the Netherlands, with the broadest spectrum of degree programmes. It is an intellectual hub with 39,000 students, 6,000 employees, and 3,000 doctoral students who are all committed to a culture of inquiring minds.

As a doctoral researcher, you will join the Amsterdam Centre for Transformative Private Law (ACT) at the Private Law Department. ACT is a leading international research centre on private law, offering high-quality contributions to research and education on the role of private law in constituting and changing societies. We understand private law in a broad sense, encompassing both traditional areas (including contract, tort, property, family, and company law) and relative newcomers in the field (such as consumer law, labour law, insolvency law, and financial law). In our research and teaching, we make use of a variety of methods to understand the various dimensions of private law.

Not only do members of ACT have diverse and dynamic interests, but ACT has a close working relationship with other research centres at the UvA: Amsterdam Center for Law and Economics, Amsterdam Centre for International Law, Amsterdam Centre for European Law and Governance, and Sustainably Global Economic Law.

Contact

If you have any questions about the position, please contact:

• Sébastien De Rey (s.e.derey@uva.nl)
• Francesca Episcopo (f.episcopo@uva.nl)

Job Application

If you feel the profile fits you and you are interested in the job, we look forward to receiving your PhD proposal in English (max. 2000 words), one piece of academic writing in Dutch or English (published or unpublished, e.g., a master thesis), as well as a cover letter and CV, both in English. We will accept applications until 15 November 2024.

This application is a two-step process. The pre-selected candidates based on the written applications will be invited to an interview by 30 November 2024. The interviews will take place in the week of 9 December 2024.

Studies show that women and members of underrepresented groups only apply for jobs if they meet 100% of the qualifications. Do you meet the educational requirements but do not yet have all the required experience? Then the UvA encourages you to apply anyway.