Abstract
This article examines whether the territorial scope of the EU General Data Protection Regulation promotes European values. While the regulation received international attention, it remains questionable whether provisions with extraterritorial effect support a power-based approach or a value-driven strategy. Developments around the enforceability of a ‘right to be forgotten’, or the difficulties in regulating transatlantic data flows, raise doubts as to whether unilateral standard setting does justice to the plurality and complexity of the digital sphere. We conclude that extraterritorial application of EU data protection law currently adopts a power-based approach which does not promote European values sustainably. Rather, it evokes wrong expectations about the universality of individual rights.
Highlights
In the recent history of the European Union (EU) few legislative acts gained as much attention as the 2016 General Data Protection Regulation (GDPR; Kantar, 2019)
We propose that discussion of the developments around the right to be forgotten’ (RTBF) is relevant since this individual right has been hailed as one of the central mechanisms that enables individuals to control personal data, the vague territorial scope was a challenge from inception (Ausloos, 2020, pp. 98–104)
As the CJEU judgments on the EU-US adequacy decisions and the surrounding political and societal developments have demonstrated over the last years, the current approach to establish European values inside data flows exceeds the capabilities of GDPR on the one hand and reduces its implementation increasingly to a battlefield on the other
Summary
In the recent history of the European Union (EU) few legislative acts gained as much attention as the 2016 General Data Protection Regulation (GDPR; Kantar, 2019). Considering options for a better future with high and effective data protection standards, we suggest that rather than relying on extraterritorial effect that adopts a power-based approach using the ‘Brussels Effect’, the universal protection and promotion of European values will be more sustainable when adopting valuebased strategies These could manifest in enhanced cooperation and traditional harmonisation of legal frameworks, with the objective to build broader international consensus around central regulatory principles, institutional requirements, as well as effective safeguards and remedies for those affected by the abuse of personal data. It evokes wrong expectations about the universality and enforceability of individual rights
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
