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Transatlantic Jurisdictional Conflicts in Data Protection Law: Fundamental Rights, Privacy and Extraterritoriality

Transatlantic Jurisdictional Conflicts in Data Protection Law: Fundamental Rights, Privacy and Extraterritoriality

Author: Mistale Taylor
Publisher: Cambridge University Press
ISBN: 9781108489560
Published In: April 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the General Data Protection Regulation started applying in 2018, the EU's data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.

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 counter-terrorism purposes

7. Data protection and the free flow of information

8. Enabling transatlantic commerce 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: enduring territorialism and fundamental rights

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