Back to basics: when does EU data protection law apply

On the applicability regime of the EU Data Protection Directive

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Abstract

Discusses the key concepts of the main default
rule for the applicability of EU data protection
law, and provides for a uniform interpretation
thereof based on the legislative history of the
Data Protection Directive.
† Discusses the differences in the manner in which
the rules on applicability are implemented in the
Member States and the resulting divergent
interpretations by the national Data Protection
Authorities.
† Evaluates the present position of the Article 29
Working Party in the SWIFT opinion (which
seems contrary to the legislative history of the
Directive).
† Recommends that the European legislator revise
the applicability regime of the Directive.
Original languageEnglish
Pages (from-to)92-110
Number of pages18
JournalInternational Data Privacy Law
Volume2
Publication statusPublished - 2011

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data protection
EU
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history
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Keywords

  • EU
  • data
  • protection
  • directive

Cite this

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title = "Back to basics: when does EU data protection law apply: On the applicability regime of the EU Data Protection Directive",
abstract = "Discusses the key concepts of the main defaultrule for the applicability of EU data protectionlaw, and provides for a uniform interpretationthereof based on the legislative history of theData Protection Directive.† Discusses the differences in the manner in whichthe rules on applicability are implemented in theMember States and the resulting divergentinterpretations by the national Data ProtectionAuthorities.† Evaluates the present position of the Article 29Working Party in the SWIFT opinion (whichseems contrary to the legislative history of theDirective).† Recommends that the European legislator revisethe applicability regime of the Directive.",
keywords = "EU, data, protection, directive",
author = "E.M.L. Moerel",
year = "2011",
language = "English",
volume = "2",
pages = "92--110",
journal = "International Data Privacy Law",
issn = "2044-3994",
publisher = "OXFORD UNIV PRESS INC",

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N2 - Discusses the key concepts of the main defaultrule for the applicability of EU data protectionlaw, and provides for a uniform interpretationthereof based on the legislative history of theData Protection Directive.† Discusses the differences in the manner in whichthe rules on applicability are implemented in theMember States and the resulting divergentinterpretations by the national Data ProtectionAuthorities.† Evaluates the present position of the Article 29Working Party in the SWIFT opinion (whichseems contrary to the legislative history of theDirective).† Recommends that the European legislator revisethe applicability regime of the Directive.

AB - Discusses the key concepts of the main defaultrule for the applicability of EU data protectionlaw, and provides for a uniform interpretationthereof based on the legislative history of theData Protection Directive.† Discusses the differences in the manner in whichthe rules on applicability are implemented in theMember States and the resulting divergentinterpretations by the national Data ProtectionAuthorities.† Evaluates the present position of the Article 29Working Party in the SWIFT opinion (whichseems contrary to the legislative history of theDirective).† Recommends that the European legislator revisethe applicability regime of the Directive.

KW - EU

KW - data

KW - protection

KW - directive

M3 - Article

VL - 2

SP - 92

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JO - International Data Privacy Law

JF - International Data Privacy Law

SN - 2044-3994

ER -