The Principle of Territoriality in EU Data Protection Law

The chapter analyses the role of the principle of territoriality in the application of European Union (EU) data protection law. The aim is to assess to what extent the territorial element is relevant in determining the scope of application of data protection obligations and consequently whether the new EU regulation is consistent with general principles of international law governing the exercise of prescriptive jurisdiction. By drawing a comparison between the territorial scope of Directive 95/46 and the new GDPR, the chapter claims that territorial connections constitute the main trigger for the EU jurisdictional claim. Finally, taking into account the novelties introduced by the GDPR, it evaluates the international legitimacy of EU data protection rules, especially in the light of the principle of proportionality as a tool to balance competing jurisdictional interests. The present chapter has been drafted as part of the research activities conducted within the “International and EU law Interest Group on New Technologies in the Information Society” of the Italian Society of International Law and European Union Law.