EU GDPR regime

The General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) regime became applicable across the EEA (which at the time included the UK) on 25 May 2018. The EU GDPR ceased to apply to the UK on 31 December 2020 at 11 pm.

This subtopic addresses key features of the EU GDPR at a supranational (ie EEA) level. Individual EEA states may exercise a number of national derogations and other discretions to put in place various additional or alternative data protection laws and the various supervisory authorities in each state may adopt different interpretation or approaches in practice. This topic does not consider the position under the laws of specific EEA states or the guidance of specific EEA supervisory authorities. You should refer to guidance from the relevant national supervisory authorities and national law regarding

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The construction of jurisdiction clauses in the context of the Contracts (Rights of Third Parties) Act 1999 and the mechanisms of service(Campeau v Gottex Real Asset Fund 1 (OE) Waste S.À.R.L)

Dispute Resolution analysis: This case considers a jurisdictional clause in the context of service under CPR 6.33(2B)(b), which allows service out of the jurisdiction where the defendant is party to a jurisdiction clause. There is no corresponding requirement for the claimant to be a party to that jurisdiction clause. The starting point is that jurisdiction clauses are not generally intended to concern disputes with third parties. However, that is no more than a starting point and one which can be departed from in appropriate cases. This was one such appropriate case whereby the circumstances and construction of the clause led to the finding that it did include the third party claimant’s (Mr Campeau) claim. While not strictly necessary given the judge’s findings in relation to the construction of the clause, Mr Justice Butcher considered that, where a jurisdictional clause was wide enough to encompass disputes from third parties, then it will likely also amount to a ‘relevant term’ for the purposes of section 1(4) of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). That meant that the third party, in seeking to enforce their rights under the SPA, was statutorily obliged to do so in England and so could rely upon CPR 6.33 (2B) (b) in that respect also. Written by Georgia Whiting, legal counsel (contentious construction) at Capita.

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