O jurisdicție a internetului: aplicarea teritorială a prevederilor RGPD în contextul platformelor digitale

Pandectele Române

11 Pages Posted: 6 Apr 2021

Date Written: december 15, 2020

Abstract

This article discusses the territorial application of the provisions of the GDPR in
the context of digital platforms made available by organizations outside the Union
through an analysis of relevant CJEU case law and EDPB recommendations.
In the introduction, we have shown the main criteria for establishing the territorial
application of GDPR, in section 2 we have analyzed the notion of headquarters in
the context of GDPR, and in sections 3 and 4 we have discussed the applicability
of GDPR in situations where goods and services are offered to people in the Union
or in situations when their behaviour is monitored. In conclusion, we have shown
that although the GDPR has extended its territorial scope to cover the uncertain
situations generated by the phenomenon of globalization, in reality, there are still
uncertain situations that need to be resolved.

Keywords: GDPR, personal data protection, territorial application, jurisdiction, digital platforms, e-commerce, monitoring, cookies, Court of Justice of the European Union, European Data Protection Board, Facebook, Google, Regulation (EU) 2016/679, General Data Protection Regulation, notion of headquarters, m

JEL Classification: F63, F69, K33, K39, K21, K22, K23

Suggested Citation

Sava, Ruxandra, O jurisdicție a internetului: aplicarea teritorială a prevederilor RGPD în contextul platformelor digitale (december 15, 2020). Pandectele Române, Available at SSRN: https://ssrn.com/abstract=3817983

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