Affiliation:
1. Aristotle University of Thessaloniki, Greece
Abstract
It is often said that the EU General Data Protection Regulation (GDPR) has a much broader material and territorial scope than the EU Data Protection Directive it has recently replaced. This chapter tries to find out if (and, if so, to what extent) this assumption is correct. To this end, it analyzes, in the light of the existing case-law of the Court of Justice of the EU, the relevant provisions of the GDPR, namely Articles 2 and 3. It comes out that the GDPR has a slightly different (but not necessarily broader) material scope and a broader (but not as broad as one would expect) territorial scope than the old EU Data Protection Directive.
Reference20 articles.
1. How the GDPR Will Change the World
2. Butler, O. (2015). The expanding scope of the Data Protection Directive: The exception for a purely personal or household activity. University of Cambridge Legal Studies Research Papers, no. 54.
3. EU General Data Protection Regulation: A guide to the new law. London: The law;C.Castro-Edwards;Society,2017
4. From the Scylla of restriction to the Charybdis of license? Exploring the scope of the ‘special purposes’ freedom of expression shield in European data protection.;D.Erdos;Common Market Law Review,2015