Extraterritoriale Regelungshoheit im Datenschutzrecht

The new General Data Protection Regulation (GDPR) has once again raised the important question of extraterritorial (prescriptive) jurisdiction in data protection law. This comparative analysis shows some surprising similarities between regulatory approaches, even between the U.S. and the EU, and discovers by method of inductive reasoning a new principle of jurisdiction, a “data protection specific” effects principle. As a future approach regarding extraterritorial jurisdiction in data protection law, the author proposes a modified protective principle: In this context, the importance of data protection for fundamental und human rights and its importance for democracy in the digital era is shown. The author argues that the protective principle should be interpreted in a broader, contemporary sense, enabling the exercise of extraterritorial jurisdiction for data protection purposes and thus protecting modern democracy.