scholarly journals THE NEW STANDARD CONTRACTUAL CLAUSES FOR THE TRANSFER OF PERSONAL DATA BETWEEN EU AND NON-EU COUNTRIES

2021 ◽  
Author(s):  
Diana Dimitrova ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Eu Countries ◽  
Data Transfers ◽  
The Eu

In the report the new standard contractual clauses are analyzed, introduced with the Commission Implementing Decision 2021/914, and ensuring appropriate data protection safeguards in case of data transfers from the EU to third countries. Accent is put on the new moments. Based on the analysis and comparison with the previous standard contractual clauses summaries and conclusions are made.

scholarly journals Cross-Border Transfers of Personal Data After Schrems II: Supplementary Measures and new Standard Contractual Clauses (SCCs)

2021 ◽  
Vol 4 (2) ◽  
pp. 37-47
Author(s):  
Marcelo Corrales Compagnucci ◽  
Mateo Aboy ◽  
Timo Minssen
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Cross Border ◽  
Data Protection Directive ◽  
Legal Challenges ◽  
International Data ◽  
Data Transfers ◽  
International Data Transfers ◽  
The Eu

 This article analyses the legal challenges of international data transfers resulting from the recent Court of Justice of the European Union (CJEU) decision in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Schrems II). This judgement invalidated the EU-US Privacy Shield Framework but upheld the use of standard contractual clauses (SCCs). However, one caveat is that organisations would have to perform a case-by-case assessment on the application of the SCCs and implement ‘supplementary measures’ to compensate for the lack of data protection in the third country, where necessary. Regrettably, the CJEU missed the opportunity to specify what exactly these ‘supplementary measures’ could be. To fill this gap, the European Data Protection Board (EDPB) adopted guidelines on the measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data. In addition, on June 4th, 2021 the European Commission issued new SCCs which replaced the previous SCCs that were adopted under the previous Data Protection Directive 95/46. These new developments have raised the bar for data protection in international data transfers. In this article, we analyse the current regulatory framework for cross-border transfers of EU personal data and examine the practical considerations of the emerging post-Schrems II legal landscape. 

Data protection and passenger name record in judicial criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Catherine Van de Heyning
Keyword(s):  
United Kingdom ◽  
Data Protection ◽  
Personal Data ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
The United Kingdom ◽  
Record Data ◽  
Criminal Matters ◽  
The Impact ◽  
The Eu

The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.

scholarly journals The EU General Data Protection Regulation (GDPR)

2020 ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Privacy Regulation ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Ongoing Work ◽  
Protection Legislation ◽  
Recent Reform ◽  
General Data ◽  
The Eu

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.

The Development of European Data Protection Law and Regulation

2019 ◽  
pp. 35-54
Author(s):  
David Erdos
Keyword(s):  
Data Protection ◽  
Legal Status ◽  
Personal Data ◽  
Working Party ◽  
Advisory Council ◽  
Human Right ◽  
General Data Protection Regulation ◽  
European Data ◽  
Regulatory Data ◽  
The Eu

This chapter explores the development of European data protection, both as a codified form of regulation and as a human right, from its inception to the present day. In contrast to more ʻclassicalʼ rights, such as freedom of expression and even privacy, data protection only emerged as a discrete concept with the rise of computer power in the 1970s. The focus in Europe from this time has been on elaborating a progressively more detailed and harmonized regulatory code to govern the processing of personal data across the EU and wider European Economic Area (EEA). Advisory Council of Europe Resolutions in the 1970s led to a binding but optional Data Protection Convention in the 1980s, to a mandatory Data Protection Directive in the 1990s, and finally to a General Data Protection Regulation (GDPR) in the 2010s which is directly applicable across the EU. In addition, data protection has increasingly been recognized as a fundamental right and, in particular, was included within the EU Charter that was drafted in 2000 and acquired pan-EU legal status in 2009. These developments have dovetailed with the emergence of a significant body of relevant Court of Justice of the EU (CJEU) jurisprudence. However, the regulatory Data Protection Authorities (DPAs) also remain critical interpretative actors and have issued a number of important opinions including through the Article 29 Working Party that under the GDPR has become the European Data Protection Board.

scholarly journals The GDPR as Global Data Protection Regulation?

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 5-9 ◽  
Author(s):  
Cedric Ryngaert ◽  
Mistale Taylor
Keyword(s):  
International Law ◽  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Protection Legislation ◽  
General Data ◽  
Global Data ◽  
The Eu

The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's “extraterritorial” application of its data protection legislation—initially the Data Protection Directive (DPD) and, since 2018, the General Data Protection Regulation (GDPR)—is a case in point. The GDPR applies to “the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services . . . to such data subjects in the Union; or (b) the monitoring of their behaviour . . . within the Union.” It also conditions data transfers outside the EU on third states having adequate (meaning essentially equivalent) data protection standards. This essay outlines forms of extraterritoriality evident in EU data protection law, which could be legitimized by certain fundamental rights obligations. It then looks at how the EU balances data protection with third states’ countervailing interests. This approach can involve burdens not only for third states or corporations, but also for the EU political branches themselves. EU law viewed through the lens of public international law shows how local regulation is going global, despite its goal of protecting only EU data subjects.

Delimiting the concept of personal data after the GDPR

Legal Studies ◽  
2019 ◽  
Vol 39 (3) ◽  
pp. 517-532
Author(s):  
Benjamin Wong
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Direct Application ◽  
The Uk ◽  
The Eu

AbstractThis paper explains how the concept of personal data should be delimited. Certainty on this matter is crucial, as it determines the material scope of the data protection obligations. The primary boundary delimiting the scope of personal data is the requirement that personal data ‘relate to’ an individual. The courts of the UK and the EU have sought to delineate this boundary, but there are serious difficulties in the present approaches that have emerged thus far. Two possible ways forward are suggested, taking into account the implications of the direct application of the GDPR in the UK.

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

International Organizations and the EU General Data Protection Regulation

2019 ◽  
Vol 16 (1) ◽  
pp. 158-191 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
International Law ◽  
International Organizations ◽  
Data Protection ◽  
Personal Data ◽  
Eu Law ◽  
Protection Measures ◽  
General Data Protection Regulation ◽  
General Data ◽  
High Level ◽  
The Eu

The importance of personal data processing for international organizations (‘IOs’) demonstrates the need for them to implement data protection in their work. The EU General Data Protection Regulation (‘GDPR’) will be influential around the world, and will impact IOs as well. Its application to them should be determined under relevant principles of EU law and public international law, and it should be interpreted consistently with the international obligations of the EU and its Member States. However, IOs should implement data protection measures regardless of whether the GDPR applies to them in a legal sense. There is a need for EU law and international law to take each other better into account, so that IOs can enjoy their privileges and immunities also with regard to EU law and avoid conflicts with international law, while still providing a high level of data protection in their operations.

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