The long arm of EU data protection law: Does the data protection directive apply to processing of personal data of eu citizens by websites worldwide?

Abstract

Discusses the key concepts of the provision for applicability of EU data protection laws to non-EU websites and provides for a uniform interpretation thereof based on the legislative history of the Directive. † Discusses the differences in the manner in which the applicability rule is implemented in the Member States and the resulting divergent interpretations by the national Data Protection Authorities. † Analyses the present means used by websites worldwide to collect the personal data of their visitors, like cookies, JavaScript, ad banners, and spyware. † Evaluates whether the applicability rule should lead to application of the EU data protection rules to the processing of personal data of EU citizens by non-EU websites.