Back to basics: when does EU data protection law apply: On the applicability regime of the EU Data Protection Directive

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.