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10 - Conclusion

Enduring Territoriality and Fundamental Rights

Published online by Cambridge University Press:  06 April 2023

Mistale Taylor
Affiliation:
Public International Law and Policy Group
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Summary

The EU’s actions show how the exercise of extraterritorial jurisdiction by one actor (the EU) based on local approaches to human rights standards and specific values (privacy and the protection of personal data) could lead to the convergence of values and laws on the global stage. Likely directions are decreasing territorialism or broad interpretations of ‘territory’, increasing elevation of fundamental rights to the disadvantage of certain competing interests, and the EU acting to set a high global data protection norm, enabled by the fundamental right to data protection conditioning its exercise of extraterritorial jurisdiction. Convergence could be resisted. If, however, the EU’s reach were strong enough to avoid or counter resistance, this would ultimately lead to fewer conflicts in jurisdiction as global standards would converge and, even in the EU–US data privacy law interface, commonalities and shared approaches to rights protection would emerge.

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Chapter
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Transatlantic Jurisdictional Conflicts in Data Protection Law
Fundamental Rights, Privacy and Extraterritoriality
, pp. 254 - 262
Publisher: Cambridge University Press
Print publication year: 2023

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  • Conclusion
  • Mistale Taylor, Public International Law and Policy Group
  • Book: Transatlantic Jurisdictional Conflicts in Data Protection Law
  • Online publication: 06 April 2023
  • Chapter DOI: https://doi.org/10.1017/9781108784818.010
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  • Conclusion
  • Mistale Taylor, Public International Law and Policy Group
  • Book: Transatlantic Jurisdictional Conflicts in Data Protection Law
  • Online publication: 06 April 2023
  • Chapter DOI: https://doi.org/10.1017/9781108784818.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Mistale Taylor, Public International Law and Policy Group
  • Book: Transatlantic Jurisdictional Conflicts in Data Protection Law
  • Online publication: 06 April 2023
  • Chapter DOI: https://doi.org/10.1017/9781108784818.010
Available formats
×