Codifying Digital Extraterritoriality

This chapter waves the thread of the use and overuse of extraterritorial claims as a way to apply the territorial logic of data regulation, offering critical reflections on territorial drift and its consequences in various areas of the law, such as cyberspace and data protection. In particular, it focuses on the rise of extraterritorial claims over data as one of the ways by which the clash between territoriality and data has been addressed in digital regulation. It argues that the exceptional use of extraterritoriality has become a “new normal” in the regulation of cross-border data flows, increasing the territorial scope of application of the law outside borders.