Early this week, the Article 29 Working Party issued its December 16, 2010 Opinion on applicable law, providing guidance on the scope of EU data protection law and the practical implications of Article 4 of the EU Data Protection Directive (95/46/EC, the “Directive”).
The purpose of the Working Party’s Opinion 8/2010 (the “Opinion”) is twofold. First, it intends to clarify the current scope of EU data protection law with regard to the processing of personal data within and outside the European Economic Area (the “EEA”). The clarifications by the Working Party are aimed at enhancing legal certainty for data controllers, providing a clearer framework for individuals and stakeholders and avoiding legal loopholes and potential conflicts between overlapping national data protection laws.
Read more on Hunton & Williams Privacy and Information Security Law Blog.