Internet Jurisdiction and Data Protection Law: An International Legal Analysis (Part 2)

International Journal of Law and Information Technology, Vol. 18, p. 227, 2010

30 Pages Posted: 10 Oct 2010 Last revised: 1 Feb 2014

See all articles by Christopher Kuner

Christopher Kuner

Vrije Universiteit Brussel (VUB) - Law, Science, Technology & Society Research Group; Maastricht University - Faculty of Law; University of Copenhagen - Faculty of Law; Centre for European Legal Studies

Date Written: October 1, 2010

Abstract

Data protection law has been the subject of an increasing number of jurisdictional disputes, which have largely been driven by the ubiquity of the Internet, the interconnectedness of the global economy, and the growth of data protection law around the world in recent years. There are also an increasing number of instances where data protection law conflicts with legal obligations in other areas. Moreover, the rapid development of new computing techniques (such as so-called ‘cloud computing’) is putting even greater pressure on traditional jurisdictional theories. Jurisdictional uncertainties about data protection law have important implications, since they may dissuade individuals and companies from engaging in electronic commerce, can prove unsettling for individuals whose personal data are processed, and impose burdens on regulators. These difficulties are increased by the fact that, so far, there is no binding legal instrument of global application covering either jurisdiction on the Internet or data protection. This article examines international jurisdiction as it relates to data protection law, and specifically to instances in which jurisdiction under data protection law may be considered ‘exorbitant’, with a particular focus on rules of public international law. This is part 2 of a two-part article.

Keywords: European Union, privacy, data protection, public international law, private international law, conflict of laws, jurisdiction, Internet

Suggested Citation

Kuner, Christopher, Internet Jurisdiction and Data Protection Law: An International Legal Analysis (Part 2) (October 1, 2010). International Journal of Law and Information Technology, Vol. 18, p. 227, 2010. Available at SSRN: https://ssrn.com/abstract=1689495

Christopher Kuner (Contact Author)

Vrije Universiteit Brussel (VUB) - Law, Science, Technology & Society Research Group ( email )

Pleinlaan 2
Brussels, 1050
Belgium

Maastricht University - Faculty of Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

Centre for European Legal Studies ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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