Back to basics: When does EU data protection law apply?

Abstract

† Discusses the key concepts of the main default rule for the applicability of EU data protection law, and provides for a uniform interpretation thereof based on the legislative history of the Data Protection Directive. † Discusses the differences in the manner in which the rules on applicability are implemented in the Member States and the resulting divergent interpretations by the national Data Protection Authorities. † Evaluates the present position of the Article 29 Working Party in the SWIFT opinion (which seems contrary to the legislative history of the Directive). † Recommends that the European legislator revise the applicability regime of the Directive.