Extraterritoriality and regulation of international data transfers in EU data protection law

Research output: Contribution to journal › Journal article › Research › peer-review

Standard

Extraterritoriality and regulation of international data transfers in EU data protection law. / Kuner, Christopher Barth.

In: International Data Privacy Law, Vol. 5, No. 4, 2015, p. 235-245.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Kuner, CB 2015, 'Extraterritoriality and regulation of international data transfers in EU data protection law', International Data Privacy Law, vol. 5, no. 4, pp. 235-245. <https://academic.oup.com/idpl/article-abstract/5/4/235/2404454?redirectedFrom=fulltext>

APA

Kuner, C. B. (2015). Extraterritoriality and regulation of international data transfers in EU data protection law. International Data Privacy Law, 5(4), 235-245. https://academic.oup.com/idpl/article-abstract/5/4/235/2404454?redirectedFrom=fulltext

Vancouver

Kuner CB. Extraterritoriality and regulation of international data transfers in EU data protection law. International Data Privacy Law. 2015;5(4):235-245.

Author

Kuner, Christopher Barth. / Extraterritoriality and regulation of international data transfers in EU data protection law. In: International Data Privacy Law. 2015 ; Vol. 5, No. 4. pp. 235-245.

Bibtex

@article{5869eaedc56f4ed29c3e290ac7e076d9,
title = "Extraterritoriality and regulation of international data transfers in EU data protection law",
abstract = "Use of the term {\textquoteleft}extraterritorial{\textquoteright} to describe the regulation of international transfers of personal data in European Union (EU) data protection law has led to confusion about the scope of such regulation. The distinction in data protection law between extraterritoriality {\textquoteleft}in scope{\textquoteright} and {\textquoteleft}in effect{\textquoteright} has become meaningless.Extraterritoriality in EU regulation of international data transfers is intrinsically neither good nor bad; rather, its appropriateness depends on how it is used and implemented. Regulation of international data transfers in EU data protection law tends to apply in a {\textquoteleft}black or white{\textquoteright} fashion, without the safety valves necessary to prevent jurisdictional overreaching. This leads to increasing conflicts between EU law and the law of third countries. There is a need to determine the territorial boundaries of the application of EU data protection law and to take factors such as enforceability into account when doing so.",
keywords = "Faculty of Law, data protection, privacy, jurisdiction, extraterritoriality",
author = "Kuner, {Christopher Barth}",
year = "2015",
language = "English",
volume = "5",
pages = "235--245",
journal = "International Data Privacy Law",
issn = "2044-3994",
publisher = "Oxford University Press",
number = "4",

}

RIS

TY - JOUR

T1 - Extraterritoriality and regulation of international data transfers in EU data protection law

AU - Kuner, Christopher Barth

PY - 2015

Y1 - 2015

N2 - Use of the term ‘extraterritorial’ to describe the regulation of international transfers of personal data in European Union (EU) data protection law has led to confusion about the scope of such regulation. The distinction in data protection law between extraterritoriality ‘in scope’ and ‘in effect’ has become meaningless.Extraterritoriality in EU regulation of international data transfers is intrinsically neither good nor bad; rather, its appropriateness depends on how it is used and implemented. Regulation of international data transfers in EU data protection law tends to apply in a ‘black or white’ fashion, without the safety valves necessary to prevent jurisdictional overreaching. This leads to increasing conflicts between EU law and the law of third countries. There is a need to determine the territorial boundaries of the application of EU data protection law and to take factors such as enforceability into account when doing so.

AB - Use of the term ‘extraterritorial’ to describe the regulation of international transfers of personal data in European Union (EU) data protection law has led to confusion about the scope of such regulation. The distinction in data protection law between extraterritoriality ‘in scope’ and ‘in effect’ has become meaningless.Extraterritoriality in EU regulation of international data transfers is intrinsically neither good nor bad; rather, its appropriateness depends on how it is used and implemented. Regulation of international data transfers in EU data protection law tends to apply in a ‘black or white’ fashion, without the safety valves necessary to prevent jurisdictional overreaching. This leads to increasing conflicts between EU law and the law of third countries. There is a need to determine the territorial boundaries of the application of EU data protection law and to take factors such as enforceability into account when doing so.

KW - Faculty of Law

KW - data protection

KW - privacy

KW - jurisdiction

KW - extraterritoriality

M3 - Journal article

VL - 5

SP - 235

EP - 245

JO - International Data Privacy Law

JF - International Data Privacy Law

SN - 2044-3994

IS - 4

ER -

ID: 341663050