THE NEW SCOPE OF APPLICATION OF EUROPEAN LAW AND THE GENERATION OF LEADS
Posted: Tue Dec 31, 2024 5:05 am
The territorial scope of European law will change significantly in overseas data favour of a new extraterritorial application. Indeed, the next general regulation on data protection is a response to the development of cross-border flows.
In addition, more and more companies are using foreign hosts, for example, to store their data. The problem is that most of them apply their domestic law standards to this data, without worrying about European rules, even though it concerns data concerning European citizens! We remember very well the Safe Harbor which, ultimately, almost always faded away in favor of American domestic law standards...
The regulation aims to put an end to this problem. What will be the territorial scope of European law with this regulation? And what will be the consequences on the transfer of customer-prospect files?
"From the moment companies decide to do business with the personal data of European citizens, they will have to submit to this regulation," said Mr. Sadde.
Indeed, one of the major changes initiated by the new regulation lies in its territorial scope of application.
Currently, European law only applies to European data controllers or companies established in the territory of a state of the Union. Only foreign companies with an establishment or a subsidiary in the territory of the Union are also subject to it…
As of May 2018, this application should give way to an extraterritorial application of European Union law. Indeed, Article 3 of the regulation defines this new principle.
In addition, more and more companies are using foreign hosts, for example, to store their data. The problem is that most of them apply their domestic law standards to this data, without worrying about European rules, even though it concerns data concerning European citizens! We remember very well the Safe Harbor which, ultimately, almost always faded away in favor of American domestic law standards...
The regulation aims to put an end to this problem. What will be the territorial scope of European law with this regulation? And what will be the consequences on the transfer of customer-prospect files?
"From the moment companies decide to do business with the personal data of European citizens, they will have to submit to this regulation," said Mr. Sadde.
Indeed, one of the major changes initiated by the new regulation lies in its territorial scope of application.
Currently, European law only applies to European data controllers or companies established in the territory of a state of the Union. Only foreign companies with an establishment or a subsidiary in the territory of the Union are also subject to it…
As of May 2018, this application should give way to an extraterritorial application of European Union law. Indeed, Article 3 of the regulation defines this new principle.