EURINT (Nov 2024)
Third time's the charm? the EU - us data privacy framework
Abstract
In the current context of globalisation, data transfer to non-EU countries is becoming an important component of international trade. For this reason, and by virtue of the right to the protection of personal data, the creation of a legal framework designed to provide adequate safeguards for European citizens is a constant concern of the European Union. Through the lens of this study, we aim to outline an overall perspective on the cooperation between the European Union and the United States of America, regarding the transfer of personal data. Starting from the exposition of the efforts made over time, in order to ensure a safety of the transatlantic flow of data, we will focus on the current provisions in force, known as Privacy Shield 2.0, determining, at the same time, the possible practical implications of them. Therefore, based on the study of the new rules established by the Privacy Shield 2.0, we will draw out the basic principles applicable to the transfer of data to the United States, the concrete effects of this act, presenting the legal challenges that its adoption brings, but also the ways in which it influences the development of international trade. Last but not least, we will analyse the likelihood of an invalidation of Privacy Shield 2.0 by reference to the premises of a possible Schrems III case. In this respect, we will present, on the one hand, the criticism of the way in which the European Union and the United States have agreed to reform the agreement on the confidentiality of data transfers, and, on the other hand, the steps taken against it.
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