In the one slide version we limited the reference to the scope of
the EU Data Protection Directive (EU DPD) is focused on “processing personal
data”. Let us dig a little deeper.
Scope of legislation is in most cases approached from different
perspectives:
-
what product or activity is in
scope?
o in the jargon “ratio materiae”
o for EU data protection legislation: focused on “processing personal data”,
with a few carve outs (art. 3)
-
what is the jurisdictional
reach?
o in the jargon “ratio loci”
o for EU data protection legislation: a node with the EU is
required (art. 4)
-
who is in scope?
o in the jargon “ratio personae”
o
less relevant for EU data
protection legislation as in principle every controller is in scope
We’ll
discuss all of these angles separately.
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