On July 28, the European Court of Justice issued a decision in VKI v. Amazon EU, holding in part: "while the fact that the undertaking responsible for the data processing does not have a branch or subsidiary in a Member State does not preclude it from having an establishment there within the meaning of Article 4(1)(a) of Directive 95/46, such an establishment cannot exist merely because the undertaking's website is accessible there." The decision followed an action for an injunction brought by VKI against Amazon EU.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.