DiscussionResponse

Why International Investment Law is not violated by the GDPR

In her recent blog article, Vishaka Ramesh claims that International Investment Law is violated by Data Protection Principles around the world, supporting her thesis in particular with rules set out by the General Data Protection Regulation of the European Union (GDPR). In her opinion, principles like Data Minimization and Localization are likely to infringe generally accepted principles of investment law, such as the fair and equitable standard of treatment of …

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Discussion

Data Protection Principles Around the World

Do They Violate International Investment Law?

There has been a recent surge in the proliferation of data protection regulations globally, the most recent example of which is the General Data Protection Regulation. Since data protection laws across the world have become increasingly extra-territorial in their reach, there is a higher propensity for foreign entities to be affected by them.

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DiscussionKick-off

One law to rule them all

On the extraterritorial applicability of the new EU General Data Protection Regulation

Setting the gold standard … In May 2016, the EU adopted its long-awaited new General Data Protection Regulation (GDPR) and thereby opened a new chapter in the history of European and global data protection law. Meeting the challenges of the 21st century globally linked information-society, it took the EU-institutions more than four years and almost 4,000 amendments to finally agree on a compromise text. While elaborating the GDPR, the EU tried …

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Current Developments

Schrems – Towards a High Standard of Data Protection for European Citizens

It has been almost six weeks since the ECJ handed down its groundbreaking Schrems judgment. This post reflects upon the institutional practices and scholarly discussion following the judgment. The Court held the transfer of data to the US based on the Commission’s safe harbor decision illegal as it violates the essence of the right to privacy. It refrained from setting a grace period. As the judgment concerns many large companies, one …

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