Finally: A Coherent Framework for the Extraterritorial Scope of EU Data Protection Law - The End of the Linguistic Conundrum of Article 3(2) of the GDPR

Abstract

The extraterritorial scope of European Union’s (EU) data protection law has been a controversial issue since the adoption of Directive 95/46/EC. The General Data Protection Regulation (GDPR) partially restructures the terms of the extraterritorial reach of EU data protection law and introduces new elements to an old debate. This contribution seeks to address one of those elements, concerning a linguistic ambivalence found in Article 3 (2) of the GDPR, and stress the practical consequences that emerge from this conundrum.

Keywords: General Data Protection Regulation; extraterritoriality; Article 3 (2); linguistic problems; coherent framework.