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This chapter explores why States have been so reluctant to accept the argument made by online service providers that only the State in which the online service originates should regulate the activitiy. Whilst this position has generally been rejected, the exclusive country-of-origin approach has...
Persistent link: https://www.econbiz.de/10014080022
Much has been written on jurisdictional problems arising out of the transnationality of the internet in various legal fields. This article approaches this jurisprudence from an angle that emphasises the underlying substance of the concerns - by joining it with the quite separate discourse on...
Persistent link: https://www.econbiz.de/10014138264
This article is a defence of conservative legal argumentation and hopes to add a dimension of realism to the debate on Internet regulation. A recognition of the law`s inherent resistance to anything but incremental change, born out of its function to provide certainty and stability, must inform...
Persistent link: https://www.econbiz.de/10012761146
The European Data Protection Board’s Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR continue the maximalist territorial approach the EU has taken, at least since Google Spain and its insistence...
Persistent link: https://www.econbiz.de/10013295812
Jurisdiction - or more precisely the entitlement to regulate a transnational event, that is to make, apply and enforce laws in respect of it - continues to be a live issue within the arena of network regulation and to evolve in line with wider regulatory trends. The controversy in the online...
Persistent link: https://www.econbiz.de/10013300078