The extraterritorial effects of legislation and policies in the eu and us. Directorategeneral for external policies of the union. Data law in the eu the extra territorial scope of the eu s gdpr how the eu s general data privacy regulations gdprs longarm jurisdictional scope reaches you nonetheless. This book addresses the impact of eu law beyond its own borders, the use of. The extraterritorial effects of legislation and policies in the eu and us 5 executive summary the governing principle is that a state cannot take measures on the territory of another state by means of enforcement of national laws without the consent of the latter. There is a general principle in international law that one state cannot take measures on the territory of another state by means of enforcement of national laws without the consent of the latter. See, for a focus upon the multilateralisation of eu norms, r. Challenging recent claims to the contrary, its findings are that the enactment of extraterritorial legislation by the eu is extremely rare. Traditionally, the exercise of jurisdiction by a state was generally limited to persons, property and acts within its territory. The remaining legislation will come into force on 10 october 2014. This book addresses the impact of eu law beyond its own borders, the use of law as a powerful.
The extraterritorial effect of the eu regulation of otc derivatives june 2014 1. Pdf extraterritoriality and territorial extension in eu law. There is a general principle in international law that one state cannot take measures on the territory of another state by means of enforcement of. Extraterritorial jurisdiction in the european union fidh. The gdpr applies to data processing activities conducted by organisations established in the eu. Extraterritoriality and territorial extension in eu law article pdf available in the american journal of comparative law am j. The extraterritorial effect of the eu regulation of otc. It also examines how those enacting extraterritorial laws have. The phenomenon of eu law operating beyond its borders, which may be termed its global reach, includes the extraterritorial application of eu law, territorial extension, and the socalled brussels effect resulting from unilateral legislative and regulatory action, but also includes the impact of the eus bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. This update considers the new legislation and the non eu counterpartie. On 10 april 2014 some of the legislation that provides for the extraterritorial effect of the european markets infrastructure regulation emir came into force. This post considers this legislation and the counterparties to which it applies. Introduction the gdpr marks a significant expansion of the territorial scope of the eu data protection.
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