31. TERRITORIAL SCOPE OF APPLICATION OF THE GENERAL DATA PROTECTION REGULATION
As a result of the rapid development of the information society, the intangible good that is information – and particularly personal data – has become an exceptionally valuable product. We are also in the midst of a phenomenon entirely unknown in the 1990s – methods of processing personal data using such means as cloud computing technology, so-called big data. The previous model of EU regulation that made the applicability of EU law dependent on economic activity being conducted by a data administrator within the territory of a Member State, or the use of data processing means located within that territory, is today insufficient and obsolete. It became necessary to abandon the principle of territoriality introduced by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, replacing it with a more elastic means of regulating the application of EU law. The objective of the present work is to present the territorial scope of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Listing Details
- AuthorSylwia Kotecka-Kral
- AffiliationCenter for Legal and Economics Issues of Electronic Communications
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