ABSTRACT
Data play a central role in the economy today. Nonetheless, the main trading partner of the United States – the European Union – places restrictions on cross-border transfers of personal data exported from the European Union. Destination countries must benefit from a decision by the European Commission that their data protection practice is ‘adequate’ to import data, or transfer tools must be used to further protect those data. The United States does not benefit from such a decision and an arrangement that previously allowed data to continue to flow to the United States – the Privacy Shield – was invalidated by the Court of Justice of the European Union in 2020 in a case that is known as Schrems II.
This study focuses on EU-US personal data transfers. It provides a holistic view of the legal parameters involved in transatlantic data transfer compliance post-Schrems II, relevant developments past and future, and potential compliance actions, supplemented with relevant guidance and an analysis of enforcement actions. Such compliance is considered the most difficult task of privacy professionals today. The aim is to give a fuller understanding in this context of the EU General Data Protection Regulation (GDPR), which sets out the cross-border data transfer restriction, with a view to potential pathways to navigate those challenges …
Voss, W Gregory, Transatlantic Data Transfer Compliance (February 10, 2022). Forthcoming, 28 Boston University Journal of Science and Technology Law (2022).
First posted 2022-02-17 15:00:18
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