03/11/2016 - EU CASE LAW: THE LAW GOVERNING THE PROCESS OF PERSONAL DATA OF CUSTOMERS

On July 28, 2016, the European Court of Justice rendered an award interpreting article 4 (1) (a) of Directive 95/46 (EU Data Protection Directive). According to the ECJ, this article must be interpreted as meaning that the processing of personal data carried out by an undertaking engaged in electronic commerce is governed by the law of the Member State to which that undertaking directs its activities, if it is shown that the undertaking carries out the data processing in question in the context of the activities of an establishment situated in that Member State.

It is for the national court to ascertain whether that is the case (http://curia.europa.eu/juris/document/document.jsftext=&docid=182286&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=141292).

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