Facebook and its EU Users – Applicability of the EU Data Protection Law to US Based SNS

M. Bezzi et al. (Eds.): Privacy and Identity, IFIP AICT 320, pp. 75–85 (Springer), 2011

11 Pages Posted: 17 May 2015

See all articles by Aleksandra Kuczerawy

Aleksandra Kuczerawy

KU Leuven, Centre for IT & IP Law (CiTiP)

Date Written: February 10, 2010

Abstract

The present paper examines the problem of applicable data protection law in a relationship between EU users and non-EU based Social Networking Site (SNS). The analysis will be conducted on the example of Facebook, which is one of the most popular SNS. The goal of the paper is to examine whether European users of Facebook can rely on their national data protection legislations in case of a privacy infringement by the SNS. The 95/46/EC Directive on Data Protection provides several options to protect EU residents in such relation. The paper will analyze whether Facebook’s participation in the Safe Harbor Program means that it is a subject to the regulation of the Data Protection Directive. Then, the paper will discuss if data processing activities of Facebook fall under the scope of the Data Protection Directive at all.

Keywords: Social Networking Sites, data protection, applicable law, cookies, transfer of data to third countries

Suggested Citation

Kuczerawy, Aleksandra, Facebook and its EU Users – Applicability of the EU Data Protection Law to US Based SNS (February 10, 2010). M. Bezzi et al. (Eds.): Privacy and Identity, IFIP AICT 320, pp. 75–85 (Springer), 2011. Available at SSRN: https://ssrn.com/abstract=2605013

Aleksandra Kuczerawy (Contact Author)

KU Leuven, Centre for IT & IP Law (CiTiP) ( email )

Sint-Michielsstraat 6 box 3443
Leuven
Belgium

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