The Conflict of Laws of Data Protection

The protection of personal data is attracting legislative attention. Legislators around the world have enacted data protection regulations, and also the European legislator has tightened the enforcement of data protection standards with the creation of the GDPR. In view of the considerable legislative activity, the question arises as to which data protection regulation applies to a cross-border private law matter. This thesis provides an in-depth analysis of the territorial scope of the GDPR and its application in cross-border situations. It not only offers a critical assessment of the interplay between the substantive law of the European Union and conflict of laws, using the example of the GDPR, but also proposes solutions to the challenges in cross-border data protection. With its examination of conflict-of-laws rules and the implications for data processing activities worldwide, it is an indispensable resource for understanding the evolving landscape of cross-border data protection law.

Publication Details

Journal
bonndoc (University of Bonn)
Published
2024-10-31
DOI
https://doi.org/10.48565/bonndoc-416
Primary Topic
Privacy, Security, and Data Protection
Type
article
Field-Weighted Citation Impact
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article

The Conflict of Laws of Data Protection

bonndoc (University of Bonn)
Privacy, Security, and Data Protection
article

The Conflict of Laws of Data Protection

article en

Abstract

The protection of personal data is attracting legislative attention. Legislators around the world have enacted data protection regulations, and also the European legislator has tightened the enforcement of data protection standards with the creation of the GDPR. In view of the considerable legislative activity, the question arises as to which data protection regulation applies to a cross-border private law matter. This thesis provides an in-depth analysis of the territorial scope of the GDPR and its application in cross-border situations. It not only offers a critical assessment of the interplay between the substantive law of the European Union and conflict of laws, using the example of the GDPR, but also proposes solutions to the challenges in cross-border data protection. With its examination of conflict-of-laws rules and the implications for data processing activities worldwide, it is an indispensable resource for understanding the evolving landscape of cross-border data protection law.

bonndoc (University of Bonn)
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Privacy, Security, and Data Protection
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