A extraterritorialidade do regime geral de proteção de dados pessoais da União Europeia

• Autor(a) principal: Fonseca, Maria da Graça Almeida de Eça do Canto Moniz Adão da
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/89180
• topic: Direito

the questions posed by extraterritoriality and by the exercise of state jurisdiction are not new but have attracted a great deal of attention from the literature, especially in relation to the European Union, a subject in a particular position in the international landscape. The general regime for the protection of personal data constitutes an excellent object to study this practice of the European Union. The purpose of this work is precisely that: to assess the extent to which that regime enjoys an extraterritorial reach and what are its limits. For this purpose, it is necessary to specify, in the first part of this thesis, what is meant by extraterritoriality, who exercises it, in what terms and with what restrictions. After presenting the concept of extraterritoriality, I proceed to its application in the specific domain of personal data protection in the second part of the thesis. This exercise will not extend to all matters relating to the protection of personal data in the European Union, but only to the general regime focusing on the recent developments in the framework of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (“GDPR”). Firstly, I present and characterize this regime, delimiting its sources, highlighting the process of "europeanization" of the protection of personal data, the complexity of its nature and, finally, pointing out its distinctive characteristics. Once this framework has been drawn up, I will identify the manifestations of extraterritoriality, specially by analyzing its scope and the configuration of the data transfers regime. The third part of this investigation focuses on the limits of the extraterritoriality previously identified. In addition to stating these obstacles I will propose solutions, considering that some of these hypotheses are already present in the GDPR but need improvement, while others have not yet been considered by the European Union legislator.