Private Law Theory

INTRODUCTION
… The chapter maps the legal architecture for the protection of personal data in the EU, examines its resilience in the context of Covid-19 and explores the question of the extraterritorial application of EU data protection law. The chapter explains that there are good arguments for the EU to apply its high data protection standards outside its borders. As data are un-territorial, only a global application of EU data protection law can fully guarantee an effective enforcement of privacy rights. However, the chapter also highlights how such an extraterritorial application of EU data protection law faces challenges, as it may clash with duties of international comity and the need to respect diversity of legal systems, and could ultimately be nullified by contrasting rulings delivered by other courts in other jurisdictions. As the chapter points out from a comparative perspective, however, this challenge is not unique to the EU legal system … (more)

Edoardo Celeste and Federico Fabbrini, ‘EU data protection law between sovereignty and extraterritoriality’ in Fabbrini, Federico, Celeste, Edoardo and Quinn, John, (eds) Data Protection Beyond Borders. Hart Publishing, Oxford, 2021. ISBN 9781509940677.

First posted 2021-02-20 07:16:21