Book contents
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Copyright page
- Contents
- Acknowledgements
- Author’s Note
- Table of Cases
- 1 Introduction
- 2 Conceptual Approaches to Data Protection in the European Union and the United States
- 3 The European Union’s Obligations to Safeguard the Fundamental Right to Data Protection Extraterritorially
- 4 Limits That Public International Law Poses on the European Union Safeguarding the Fundamental Right to Data Protection Extraterritorially
- 5 Ways to Mitigate Problematic Jurisdictional Overreach
- 6 The Reach of European Union Data Protection Law in Transatlantic Data Transfers for Counterterrorism Purposes
- 7 Data Protection and the Free Flow of Information
- 8 Enabling Transatlantic Trade and Protecting Privacy through Cross-Border Data Transfer Agreements
- 9 The Normative External Effects of the European Union’s Exercise of Extraterritorial Jurisdiction in Data Protection Law
- 10 Conclusion
- Select Bibliography
- Index
5 - Ways to Mitigate Problematic Jurisdictional Overreach
Published online by Cambridge University Press: 06 April 2023
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Copyright page
- Contents
- Acknowledgements
- Author’s Note
- Table of Cases
- 1 Introduction
- 2 Conceptual Approaches to Data Protection in the European Union and the United States
- 3 The European Union’s Obligations to Safeguard the Fundamental Right to Data Protection Extraterritorially
- 4 Limits That Public International Law Poses on the European Union Safeguarding the Fundamental Right to Data Protection Extraterritorially
- 5 Ways to Mitigate Problematic Jurisdictional Overreach
- 6 The Reach of European Union Data Protection Law in Transatlantic Data Transfers for Counterterrorism Purposes
- 7 Data Protection and the Free Flow of Information
- 8 Enabling Transatlantic Trade and Protecting Privacy through Cross-Border Data Transfer Agreements
- 9 The Normative External Effects of the European Union’s Exercise of Extraterritorial Jurisdiction in Data Protection Law
- 10 Conclusion
- Select Bibliography
- Index
Summary
Simply being applicable could still permit far too much in terms of the extraterritorial reach of the EU’s data protection laws. The law of jurisdiction cannot solve all the present issues. It helps to solve conflicts in terms of sovereignty, but not fundamental rights. As such, this warrants a second-tier, additional set of criteria including degree of connection and interest-balancing as a rule of reason. The degree of connection between a regulated situation and the regulator, and interest-balancing are useful in assessing the legitimacy of the EU’s exercise of extraterritorial jurisdiction in the internet age, which throws traditional concepts of territoriality into question. Flowing from this, a rule of reason transpires. A State may legitimately exercise jurisdiction where it has an obligation to do so to protect a fundamental right, based on a permissive principle exercised reasonably, that is, after regulators have balanced different interests to identify the State with the strongest interest in regulating the situation, unless this harms the global interest.
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- Transatlantic Jurisdictional Conflicts in Data Protection LawFundamental Rights, Privacy and Extraterritoriality, pp. 95 - 117Publisher: Cambridge University PressPrint publication year: 2023