Conflict of Laws in the Application of the General Data Protection Regulation

Abstract

This study has shown that despite the objective of the General Data Protection Regulation to harmonized rules within the European Union, its application in practice creates conflict of laws. Its originalities to grant margin of maneuver to Member States, has raised problematics highlighted in the hypothetical case studied in this dissertation. The dissertation focused on a specific article of the GDPR: article 8 which provide protection for children online and leave a margin of maneuver to Member State. This dissertation has aimed to find possible solutions to resolve conflict of laws on the application of article 8, following an adversarial method. The study has analyzed the possibilities of using European International Private Law throughout Regulation “Rome I” and “Rome II” and explored the clue left by the GDPR itself to solve conflicts of laws. This study has shown that European International Private law raised additional concerned and cannot be a full solution neither the GDPR in itself despite logical clue.