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The Concept of Establishment and Data Protection Law: Rethinking Establishment

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journal contribution
posted on 2017-10-09, 15:14 authored by Diana Sancho-Villa
The regulatory success of the concept of establishment results from its multifaceted nature. The concept provides the regulator with a versatile tool, able to adapt its meaning to the specific policy principles of the area of law in which it is used. This article analyses the data protection concept of establishment and examines the extent to which the new Data Protection Regulation perpetuates the status quo. It demonstrates how the Court of Justice of the EU (CJEU) has modernised the establishment notion with its landmark rulings, Google Spain and Weltimmo, and how these judgments have helped the term “establishment” make a legislative transition from the old Data Protection Directive to the new Data Protection Regulation. An analysis of the revised data protection concept of establishment on objective, territorial and subjective grounds shows that conditions now exist to support a higher degree of formality in the formulation of the constituent elements of establishment. As this concept remains substantial in essence, for establishment still requires both a certain structure through which (minimal) activity is conducted, future developments should be cautious in allowing the legal reach of the establishment to extend further, in particular, beyond its objective limits.

History

Citation

European Law Review, 2017, 42

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law

Version

  • AM (Accepted Manuscript)

Published in

European Law Review

Publisher

Sweet and Maxwell

issn

0307-5400

Acceptance date

2017-02-09

Copyright date

2017

Available date

2018-08-31

Publisher version

http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=427&productid=6968

Notes

The file associated with this record is under embargo until 12 months after publication, in accordance with the publisher's self-archiving policy. The full text may be available through the publisher links provided above.

Language

en

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