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Data Protection Leader

Current Issue (October 2017)

Volume: 14 Issue: 10

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About Data Protection Leader:

The monthly law publication which covers all aspects of data protection and data privacy. Topics covered include data transfers and outsourcing, data localisation and retention, the EU General Data Protection Regulation (GDPR), the e-Privacy Directive, data security, marketing and behavioural advertising, consent, employee monitoring, privacy compliance, risk management, DPO responsibilities, accountability, Privacy by Design, acquisition and mergers, the Internet of Things, cloud computing and Big Data / read more

DPL_October
 
Editorial: international data transfers: a recap

 

It all started with Snowden. A hero to some, a traitor to others, Edward Snowden can be credited with single-handedly changing the course of the legal framework affecting international dataflows. Before his revelations in the summer of 2013, the potential relaxation of the restrictions affecting transfers of personal data from the EU was a credible outcome. But the publication of details about the data gathering practices of the US intelligence services triggered a chain effect that is bound to be felt for the foreseeable future. The badly weakened Safe Harbor framework became a high profile casualty and its successor, the Privacy Shield, is barely managing to establish itself as a robust alternative. In the meantime, the European Commission’s (‘the Commission’) standard contractual clauses - by far the most frequently relied on mechanism to legitimise data transfers - are in the process of being scrutinised by the Court of Justice of the European Union. As a result, there is a sense that we are running out of options that will provide some legal certainty for international data transfers - a practice that is as common place as our use of technology. How can that be possible?

 

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