Download This PaperArticle 4(1)(A) 'Establishment of the Controller' in EU Data Privacy Law – Time to Rein in this Expanding Concept?
International Data Privacy Law 6(3), Forthcoming
20 Pages Posted: 12 Aug 2016
Date Written: August 8, 2016
Abstract
• Article 4(1)(a) of Directive 95/46/EC plays an important role in determining the applicability of EU data privacy law. However, its wording lends itself to various interpretations.
• Consequently, it is unsurprising that Article 4(1)(a) has been the object of several recent CJEU judgments, and that this provision is the object of ongoing litigation.
• This article seeks to analyse and predict the future landscape by examining the two relevant recent CJEU decisions (the Google Spain case and the Weltimmo case), Advocate General Saugmandsgaard Øe’s Opinion in Verein für Konsumenteninformation, and in particular the currently ongoing Facebook Fanpages dispute.
Keywords: data protection, Article 4(1)(a), jurisdiction, choice of law, extraterritoriality, Google Spain, Facebook, Weltimmo, applicable law
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