Transatlantic Jurisdictional Conflicts in Data Protection Law

Fundamental Rights, Privacy and Extraterritoriality

By: Mistale Taylor

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Hardcover | 13 April 2023

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Hardcover
310 Pages

Dimensions(cm)
23.5 x 16 x 2.5

Hardcover

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This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the General Data Protection Regulation started applying in 2018, the EU's data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.

Industry Reviews

'By addressing and recognizing how different data protection and privacy laws are on different sides of the world, Mistale Taylor's new book ... may stand the test of time and remain as useful and interesting as she hopes.' Hector Guzman-Rodriguez, Global Privacy Law Review

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