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Conflict of Laws and the Internet

Pedro de Miguel Asensio

The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.
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Chapter 3: DATA PROTECTION AND PERSONALITY RIGHTS INCLUDING DEFAMATION

Pedro de Miguel Asensio

Extract

Chapter Three covers, in the first place, the interplay between private and public enforcement of data protection law in the EU, including the determination of the territorial scope of application of EU data protection law and the distribution of competences between the supervisory authorities of the Member States concerning cross-border situations. Jurisdiction over private claims by data subjects against controllers and processors as a result of the infringement of the rights granted to them by data protection law is the focus of particular attention. The shortcomings of EU conflict rules in this area and the interplay between the General Data Protection Regulation and the general EU framework on conflict of laws are also discussed. Additionally, this chapter focuses on defamation and the violation of personality rights, including the adaptation to the Internet environment of the connecting factors provided for by EU jurisdiction rules, and the difficulties posed by the absence of uniform choice of law rules. Recognition and enforcement of foreign judgments receives particular attention in the light of the fundamental rights involved and the mechanisms to react against so-called libel tourism.

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