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International Transfers of Personal Data Treatment of Personal Data Transfers in Europe - Belgium KU Leuven
Defining personal data transfers for the context of the General Data Protection Regulation Vrije Universiteit Brussel
On 18 November 2021, the European Data Protection Board (EDPB) published a piece of guidance that was supposed to clarify one of the ultimate mysteries of the General Data Protection Regulation (GDPR), namely the definition of international personal data transfers. The EDPB does clarify that for the assessment of an act as a transfer, the actors involved are important, thus it is only a transfer if data are exchanged between a (joint) controller ...
Individual Rights in International Personal Data Transfers Under the General Data Protection Regulation KU Leuven
Within the General Data Protection Regulation (GDPR),1 individuals have certain rights (‘data subject rights’) towards their own personal data. These rights include the option to access, rectify or erase one’s data. The GDPR also foresees specific rules for international personal data transfers, thus situations in which personal data becomes accessible outside its territorial scope. The goal of these rules is to ensure that the level of ...
The EU-US Privacy Shield regime for cross-border transfers of personal data under the GDPR : What are the legal challenges and how might these affect cloud-based technologies, big data, and AI in the medical sector? Universiteit Gent
Cloud-based technologies, big data, statistical signal processing algorithms, and Artificial Intelligence (AI) technologies are expected to play an increasingly important role in the medical field. Big data and AI-technologies rely on the cloud for data storage as well as for computational power and thus need effective and robust legal frameworks for international data transfer. Because of inconsistent data protection regulations, this is not ...
Extraterritoriality and regulation of international data transfers in EU data protection law Vrije Universiteit Brussel
Use of the term “extraterritorial” to describe the regulation of international transfers of personal data in EU data protection law has led to confusion about the scope of such regulation. Any distinction between extraterritoriality “in scope” and “in effect” has become meaningless. Extraterritoriality in EU regulation of international data transfers is intrinsically neither good nor bad; rather, its appropriateness depends on how it is used and ...
The Achilles Heel of EU data protection in a law enforcement context: international transfers under appropriate safeguards in the law enforcement directive Vrije Universiteit Brussel
In May 2018, EU data protection rules were not only reformed by the General Data Protection Regulation (GDPR) but also by the Law Enforcement Directive (LED). While the LED is often overshadowed by the GDPR, it nevertheless did introduce a number of crucial reforms to data protection in a law enforcement context in the EU including harmonised rules on how personal data in a law enforcement context can be transferred to other law enforcement ...
EDPB Issues Guidance on Personal Data Transfers Based on Adequacy Decisions in the Context of the Law Enforcement Directive Vrije Universiteit Brussel
2021 marks the year of the very first time that the European
Data Protection Board (‘EDPB’) issued guidance
on the Law Enforcement Directive (‘LED’), the
data protection framework for the law enforcement
sector. The LED essentially became applicable at the
same time as the, at least in terms of EDPB guidance,
more ‘popular’ General Data Protection Regulation
(‘GDPR’). The EDPB did not choose any side theme
...
Data Protection Board (‘EDPB’) issued guidance
on the Law Enforcement Directive (‘LED’), the
data protection framework for the law enforcement
sector. The LED essentially became applicable at the
same time as the, at least in terms of EDPB guidance,
more ‘popular’ General Data Protection Regulation
(‘GDPR’). The EDPB did not choose any side theme
...
Essential equivalence as a benchmark for international data transfers after Schrems II Vrije Universiteit Brussel
In July 2020, the Court of Justice of the European Union (CJEU) published its ruling on 'Schrems II'. The CJEU invalidated the Privacy Shield - one of the mechanisms existing for transfers to the United States - and further expanded the concept of essential equivalence previously developed in Schrems I by extending its scope towards a guiding benchmark for the whole approach for international data transfers in the GDPR. This Chapter explores ...