When examined from a behavioural point of view, a few scholars have considered the GDPR to be ineffective as they overlook certain important aspects of the human decision-making process. Individuals have to overcome several pitfalls in the decision-making process to make the right decisions when allowing companies rights to share their personal information across different borders. The ability of individuals to make good decisions regarding certain issues is hampered by challenges that come from the development of algorithmic decision-making process that has arisen from the development of technology. As such, enhancing individual control which is a goal of the GDPR falls short when examined from the small things that go into the decision making process with regards to data privacy.
Significant steps were taken during the formulation of the GDPR to ensure that it aligned with the needs and other international systems. For example, in 2013, there were changes to the OECD approach to personal data sharing. The OECD developed Guidelines Governing the Protection of Privacy and Trans-Border Flow of Personal Data. Most of the changes seen here were reflected in the directive by the EU to create a better system to protect personal data. Despite the changes to align the GDPR to other systems, trade pundits still consider the approach as an impediment to digital data freedom. The Obama and Clinton administrations focused a significant effort in trying to eliminate digital protectionism which appears to be implemented by the adoption of a restrictive system such as GDPR.