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

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: 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)

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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