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9 J. Intell. Prop. Info. Tech. & Elec. Com. L. 126 (2018)
The Challenges Faced by the Extraterritorial Scope of the General Data Protection Regulation

handle is hein.journals/jipitec9 and id is 132 raw text is: Adele Azzi The Challenges Faced by the Extraterritorial Scope of the General Data Protection Regulation by Adile Azzi* Abstract: The General Data Protection Regu- ation (GDPR) imposes a significant burden of com- pliance on overseas businesses which process per- sonal data of EU individuals. An impressive number of artic es warns about the new risks incurred by data processors around the world; be they one of the in- ternet giants, or a non-EU company which dared to offer goods to EU consumers, or that had the idea to use cookies on its website to track EU consum- ers. However, does the EU actua y have the neces- sary means to ensure that the ru es are folowed by al And if not, is the EU equipped to enforce compli- ance? Those are egitimate questions in the light of the context in which the EU has extended its juris- diction. Not on y has it been decided uni atera y, but such ru es are to be enforced in cyberspace, in an in- ternationa context, and on operators, which may not have any physical presence in the EU. One may think that processors have no reason to panic, there is itt e chance that the GDPR enforcers wil find them and force them to comp y under the threat of fines. Yet, internet users witness an u ndeniabe wave of change in the terms of the use and processing of data on a majority of websites. Does this phenomenon reveal a real power of enforcement on the EU side? This work attempts to answer this question by ana ysing two factors which great y impact the efficiency of extra- territorial claims. First, the egitimacy of the extrater- ritoria c aim. Through the application of international aw principles, it wil be seen that the extraterritorial c aim of the EU, despite its broadness, is rather egit- imate and even part of a shared tendency among ju- risdictions around the world to extend the reach of data protection aws. Second, the enforcement too s of the regu ation. This work revea s that the EU may benefit from some direct enforcement too s such as representatives and internationa cooperation, but also, and more importantly, through indirect means. n particular, the EU may rely on the risk of reputa- tiona damage, the incentives to se f-compliance, and the rules on data transfers to third countries. o 2018 Adele Azzi Everybody may disseminate this article by electronic means and make it available for download under the terms and conditions of the Digital Peer Publishing Licence (DPPL). A copy of the license text may be obtained at http://nbn-resolving. de/urn:nbn:de:0009-dppl-v3-en8. Recommended citation: Adele Azzi, The Challenges Faced by the Extraterritorial Scope of the General Data Protection Regulation, (2018) JIPITEC 126 para 126 2 ppitec 126 2018

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