19.01.2016

Art. 29 WP: Update of Opinion 8/2010 on applicable law in light of the CJEU judgement in Google Spain

Update of Opinion 8/2010 on applicable law in light of the CJEU judgement in Google Spain (WP 179 update; pdf):
[...] The judgement provides useful clarification on two aspects: first, the judgement makes it clear that the scope of current EU law extends to processing carried out by non-EU entities with a 'relevant' establishment whose activities in the EU are 'inextricably linked' to the processing of data, even where the applicability of EU law would not have been triggered based on more traditional criteria. Second, the judgement also confirms that - where there is an 'inextricable link' - according to Article 4(1)(a) of Directive 95/46/EC, there may be several national laws applicable to the activities of a controller having multiple establishments in various Member States. [...]