Abstract:

The European Union General Data Protection Regulation (GVKT) 2016/679, which was adopted by the European Parliament on 24 May 2016 and becomes directly binding for all Member States by 25 May 2018, has since entered into force with many important innovations in the context of the EU personal data protection law, even though it has attracted the interest of law enforcement and teaching outside the EU, the international jurisdiction of the Member States has not been a comprehensive issue of investigation in terms of foreign elements of disputes relating to the violation of personal data that the GVKT finds the scope of the material and regional scope. Basically, prior to the entry into force of the GVKT in respect of the international jurisdiction of the courts of the Member States in special legal disputes arising from unlawful processing of personal data in general, the Brussels 1Bis Recast Regulation (Brussels 1Bis Regulation) No. 1215/2012 on the international jurisdiction of courts in legal and commercial matters and on the recognition and disclosure of court decisions was found the area of application. Therefore, on the one hand, the general and special rules of authority in the Brussels 1Bis Regulation, on the one hand, the GVKT m. The existence of the international jurisdiction rule concerning the special legal cases to be opened against the data controller or the processor who processes the personal data of the data holder in 79 leads to complexity in which Member State court such cases will be considered. Zira GVKT's relationship with the Brussels 1Bis Regulation has not yet been developed by the European Union Court of Justice (USD) and the work done so far is quite limited. In this regard, it is important to consider whether the international jurisdiction rule introduced by the GVKT provides a fair and effective jurisdiction of the courts of the Member States in the resolution of foreign elements of private legal disputes arising from the processing of the data holder’s personal data contrary to the GVKT and whether this rule is compatible with the general and private international jurisdiction rule contained in the Brussels Regulation 1Bis and which is applicable in terms of the nature of such disputes.

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