The Internet and the Global Reach of EU Law

Forthcoming, Collected Courses of the Academy of European Law (Oxford University Press)

LSE Legal Studies Working Paper No. 4/2017

University of Cambridge Faculty of Law Research Paper No. 24/2017

39 Pages Posted: 8 Feb 2017 Last revised: 19 Apr 2017

Christopher Kuner

Brussels Privacy Hub, Vrije Universiteit Brussel (VUB); Faculty of Law, University of Cambridge; London School of Economics - Law Department; Centre for Information and Innovation Law, University of Copenhagen

Date Written: February 1, 2017

Abstract

EU law has significant influence on the Internet and parties outside the EU’s territorial boundaries that use it and are affected by it. The Internet has enabled the EU to extend to third countries the application of its fundamental values, including the autonomy of EU law, the rule of law, and fundamental rights. There are many examples of the EU exerting its global reach regarding the Internet, particularly in data protection law, but also in areas such as Internet governance, international agreements, and private international law. This occurs through a variety of mechanisms, including emulation and learning; international negotiation; coercion and conditionality; and blocking recognition of third country legal measures. The EU’s actions in exercising its global reach implicate important normative issues, such as distinguishing between the furtherance of core EU legal values and the advancement of the EU’s political interests; promoting the principles of EU law as universal values; ensuring that EU legal values are upheld in practice; and determining the territorial boundaries of EU law. The influence exercised by the EU carries responsibilities towards third countries, particularly those in the developing world. The Internet may also be influencing EU law, as is shown by the changing role of the Court of Justice.

Keywords: European Union, Internet, privacy, cyberspace, data protection, EU law, European Court of Justice

Suggested Citation

Kuner, Christopher, The Internet and the Global Reach of EU Law (February 1, 2017). Forthcoming, Collected Courses of the Academy of European Law (Oxford University Press); LSE Legal Studies Working Paper No. 4/2017; University of Cambridge Faculty of Law Research Paper No. 24/2017. Available at SSRN: https://ssrn.com/abstract=2890930 or http://dx.doi.org/10.2139/ssrn.2890930

Christopher Kuner (Contact Author)

Brussels Privacy Hub, Vrije Universiteit Brussel (VUB) ( email )

Pleinlaan 2
Brussels, 1050
Belgium

Faculty of Law, University of Cambridge ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Centre for Information and Innovation Law, University of Copenhagen ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

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