Key Points
  • The General Data Protection Regulation has been adopted recently by the European Union to replace the Data Protection Directive. The Regulation follows a similar pattern to the Directive with regard to the territorial scope of EU data protection law, but unlike the Directive, the issue of applicable national law is no longer addressed.

  • However, the Regulation expressly allows Member States to deviate from its default rules on dozens of specific matters. Some of these provisions are highly likely to trigger serious problems concerning the applicability of national data protection laws.

  • Potential conflicts of laws, which are exacerbated by the fact that Member State laws have defined their own scopes in incompatible ways, will inevitably create legal uncertainties to data subjects, data controllers and data protection authorities.

  • Private international law, albeit useful...

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