INTERNATIONAL COMPETENCE IN PROCEEDINGS RELATED TO INFRINGEMENTS OF THE GENERAL DATA PROTECTION REGULATION Cover Image

Международна компетентност по производства, свързани с нарушения на Общия регламент за защита на данните
INTERNATIONAL COMPETENCE IN PROCEEDINGS RELATED TO INFRINGEMENTS OF THE GENERAL DATA PROTECTION REGULATION

Author(s): Martin Zahariev, Tsvetelina Dimitrova
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: ЮГОЗАПАДЕН УНИВЕРСИТЕТ »НЕОФИТ РИЛСКИ«
Keywords: GDPR; personal data processing; infringement proceedings; international jurisdiction; competent supervisory authority; competent court.

Summary/Abstract: On 25 May 2018, Regulation 2016/679 (General Data Protection Regulation, GDPR/ the Regulation) became applicable. It introduced a unified regime for the protection of personal data within the European Union, further developing the existing national rules in this matter, adopted by the Member States when transposing the requirements of Directive 95/46 that precedes GDPR. Among the ambitious goals of the European legislator with the adoption of GDPR is to ensure the control of natural persons over their own personal data and to enhance legal and practical certainty for natural persons, economic operators and public authorities. One of the means to achieve this is to expand the scope of some existing rights of data subjects in the processing of their personal data, the establishment of new, hitherto unknown rights, as well as the regulation of reciprocal obligations of the subjects processing personal data – data controllers and processors. In addition, GDPR introduces specific rules on the remedies of the data subjects in case the requirements of the Regulation on the processing of their personal data are infringed. The purpose of this study is to analyze the rules for determining international jurisdiction in proceedings related to infringements of the rules of GDPR. The types of legal remedies that GDPR provides to data subjects are considered - the right to lodge a complaint with a supervisory authority, the right to effective judicial remedy against a supervisory authority and the right to effective judicial remedy against a controller or processor and the rules for determining international jurisdiction over the said proceedings.

  • Issue Year: XVI/2020
  • Issue No: 1-2
  • Page Range: 74-100
  • Page Count: 27
  • Language: Bulgarian