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

Keywords

  • EU
  • data
  • protection
  • directive

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