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ARTICLE · 10 FEBRUARY 2016

Article 29 Working Party Updates Its Opinion On Applicable Law

Reed Smith (Worldwide)
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This updated Opinion follows the Court of Justice of the European Union's (CJEU) judgment in the case of Google Spain.

European UnionPrivacy
Cynthia O'Donoghue
Cynthia O'Donoghue
Chantelle Taylor
Chantelle Taylor
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The Article 29 Working Party (WP29) has updated its Opinion on applicable law and has introduced a new 'inextricable link' test representing a new element to the existing 'in the context of the activities of an establishment' criteria. This updated Opinion follows the Court of Justice of the European Union's (CJEU) judgment in the case of Google Spain.

The update addresses the territorial scope of the Data Protection Directive (95/46/EC) (the Directive), and is particularly relevant to search engine providers.

The WP29 provides clarification on the following points:

  • Confirms the decision in Weltimmo (which we reported on earlier this year), and gives a broad interpretation to the term 'establishment'.

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