Last week, the Belgian Privacy Commission published the first part of its recommendation after investigating Facebook's data processing activities. Much of it justifies why Facebook is subject to Belgian law, it also reveals some important insight on the regulatory interpretation of the EU Data Protection Directive's applicable law principles and highlights the growing concern around “forum shopping.” In this Privacy Tracker post, Tim Van Canneyt outlines the applicable law tests and offers measures multinationals can take in their approach to compliance with EU law, noting, “While it … makes sense to create an EU subsidiary to fulfill a data-controller role, it is not sufficient to simply ‘nominate’ one on paper.” (IAPP member login required.)
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