To Protect and Conquer – the Ultraterritorial Jurisdiction of the European Union in the Application of the General Data Protection Regulation to Online Data Processing

Show full item record

Permalink

http://urn.fi/URN:NBN:fi:hulib-201702081258
Title: To Protect and Conquer – the Ultraterritorial Jurisdiction of the European Union in the Application of the General Data Protection Regulation to Online Data Processing
Author: Heiskala, Sonja
Contributor: University of Helsinki, Faculty of Law
Thesis level: master's thesis
Abstract: The increasing influence of the Internet has set the EU against unprecedented jurisdictional challenge in its responsibility to protect privacy and personal data. This thesis analyses the techniques adopted by the EU to establish the territorial scope of application of the General Data Protection Regulation of the European Union (GDPR), and the impact of these techniques both to the status of the EU and to the notion of territorial jurisdiction. This work will first look into the expansive territorial scope of application of the GDPR, set out in the Article 3 of the regulation, and explore the changes the GDPR brings about in relation to the earlier data protection legislation in the EU. The work proceeds by looking behind the forces driving the change, specifically the challenges the Internet has caused to the protection of privacy and data protection as EU fundamental rights. It observes the other functions the territorially atypical legislative technique serves, mainly the Statecraft functions of the comprehensive EU data protection framework, and the approaches the EU interpretative bodies have adopted to widen the scope of application of prior EU data protection legislation, to establish power through the concept of the Digital Single Market. The work finally presents the concept of ultraterritorial jurisdiction through which the legislative development of the EU data protection framework can be better understood. Where previous legislation such as the Data Protection Directive and prior national legislation of Member States has typically included some active, physical element within the territory of the relevant state, the GDPR does not do so. The ultraterritorial aspect of jurisdiction refers to the ways the jurisdiction is constructed beyond and regardless of national or EU territory instead of within or outside.
URI: URN:NBN:fi:hulib-201702081258
http://hdl.handle.net/10138/175460
Date: 2017
Discipline: Viestintä- ja informaatio-oikeus
Communication and information law
Kommunikations- och informationsrätt


Files in this item

Files Size Format View

There are no files associated with this item.

This item appears in the following Collection(s)

Show full item record