Protecting privacy by cross-border injuction.
-
Burkhard Hess [1]
-
[1] Max Planck Institute Luxembourg for Procedural Law
-
- Localización: Rivista di diritto internazionale privato e processuale, ISSN 0035-6174, Vol. 55, Nº. 2, 2019, págs. 284-301
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
- Dialnet Métricas: 2 Citas
-
Resumen
Injunctive relief is of paramomt importance in the protection of privacy, espeaaíly in the context of the Internet. In the cross-border context, injunctions entail specific problems: on the one hand, jurisdiction may lie with many courts - often worldwide due to the ubiquity of the Internet. On the other hand, injunctions operate with an extraterritoral effect, ordering or prohibiting conduct outside of the State were the court giving the order is located. Cross-border injunctive relief does not only raise issues o fjurisdiction and territorial scope: additional problems relate to its enforcement. Furthermore, the need may arise to adapt the injunction to an equivalent measure in the State of enforcement. This paper addresses the problems of injunctive cross-horder relief from the perspectives of jurisdiction and territorial scope, as well as of recognition and enforcement. While actions for damages and for injunctive relief are regulated in similar ways, the Author of this paper demonstrates that the speafic circumstances and needs of injunctive relief deserve additional and specific solutions.
