Article 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

See all articles by Dan Svantesson

Dan Svantesson

Bond University - School of Law

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

Suggested Citation

Svantesson, Dan, Article 4(1)(A) 'Establishment of the Controller' in EU Data Privacy Law – Time to Rein in this Expanding Concept? (August 8, 2016). International Data Privacy Law 6(3), Forthcoming. Available at SSRN: https://ssrn.com/abstract=2820205

Dan Svantesson (Contact Author)

Bond University - School of Law ( email )

Gold Coast, QLD 4229
Australia

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