Cross-Border Data Protection: Applicable Law and Territorial Powers of National Data Protection Supervisors
6 Pages Posted: 14 Jun 2017
Date Written: May 2016
This commentary analyses the European Court of Justice preliminary ruling in Case C-230/14 Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság, on the interpretation of two important aspects of Directive 95/46/EC, namely the applicable law, and territorial reach of, national data protection authorities. The Court ruled that the data protection legislation of a member state may be applied by the national data protection authority to a foreign registered company which exercises, through stable arrangements, real and effective (albeit minimal) activity in that member state. This is a ruling that potentially increases compliance costs for entities operating across multiple European jurisdictions pending the introduction of the General Data Protection Regulation.
Keywords: Weltimmo, Directive 95/46/EC, Applicable Law, Territorial Reach, Establishment
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