A Research On Legal Issues In Long-arm Jurisdiction Of EU GDPR

General Data Protection Regulation(GDPR)was enforced in 2018 and for the first time in the world it applies long-arm jurisdiction upon personal data protection issues.Since then,the Related Authorities in European Union has jurisdiction not only on controllers and processors established in the Union,but also on where the processing activities are related to the offering of goods or services to the data subjects in the Union,and monitoring their behavior taking place in the union.Under the background of Data Globalization,data flowing faster,the economic value of data continuously increase.Therefore the long arm jurisdiction is reasonable and necessary for a stable development of data market.And since the enforcement of GDPR,thousands of controllers and processors have been punished and fined due to non-compliance with GDPR.Therefore,it is imperative for data controllers and processors to reach the compliance with GDPR.Moreover,nowadays,China is working on the law for data protection.And GDPR has some legislative techniques to be taken into consideration on this issue.In this paper,the author elaborate what GDPR protected and how GDPR manage to protect through long-arm jurisdiction,leading to the reasonableness of long-arm jurisdiction on general data protection under GDPR.Then the author emphasizes on the methods of compliance on the basis of the enforcement data of GDPR.And finally,some suggestions are given for law of data protection in China.This paper is divided into five chapters,and the specific contents are summarized as follows:The first chapter is a brief introduction of GDPR,presenting the structure of GDPR and its features as well as the meaningful progress it makes.This chapter introduces the concepts of long-arm jurisdiction from its birth to its various application,as well as the principles of its application in Data Protection under GDPR.The second chapter illustrates the three elements of GDPR Long-arm Jurisdiction,including the subject and object,as well as the scope of rights that GDPR Long-arm jurisdiction protects.GDPR Long-arm Jurisdiction regulates the rights of data subjects and the obligations of data controllers and processors.Its protection covers the data processing procedure,concerning all fundamental rights,such as privacy and the right to be forgotten.Through the presentation of the features of data and cross border flow of data,the necessity of applying long-arm jurisdiction for general data protection is inevitable.The third chapter more deeply concludes the reasonableness of applying long-arm jurisdiction for general data protection under GDPR.The reasonableness lies in three areas: first,limitation and exception clauses are embodied to avoid excessive jurisdiction;second,Forum non conveniens and other international doctrines can help solve jurisdictional conflicts problems;third,with authorization and foreseeability,the regulation is a balanced one.And thus,GDPR’s application of long-arm jurisdiction is necessary and reasonable.The fourth chapter focus on analyzing GDPR’s enforcement data to discover company compliance methods.The enforcement data is mainly analyzed from the perspective of the procedure and strength of enforcement in various areas.And the compliance methods are given in correspondence.The fifth chapter gives some suggestions for the improvement of China Data protection legislation.The present Data Protection regulation in China is lack of a thorough definition of essential terms.Moreover a certain scope of long-term jurisdiction and its exceptions are absent.And thus referring to GDPR,definitions can be completed,and the scope of long-term jurisdiction should be certain with a few exceptional clauses.