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EU-US Data Transfer from Safe Harbour to Privacy Shield: Back to Square One?

  • Autores: Fabien Terpan
  • Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 3, Nº. 3, 2018, págs. 1045-1059
  • Idioma: inglés
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  • Resumen
    • This Article focuses on data transfer from the European Union to the United States, and compares the new EU-US legal framework (Privacy Shield) with the former one (Safe Harbour), which was invalidated by the CJEU in the case of Schrems (judgement of 6 October 2015, case C-362/14). It combines legal analysis with a more political perspective taking into account the wider context in which these decisions were taken. This allows us to see whether the CJEU is able to ensure compliance with EU law, and EU fundamental rights in particular, in a sensitive area of external relations. It also brings some insights to bear on normative change, or the lack thereof, in fields where external relations and EU politics are intertwined. The conceptual model of the feedback loop is used to analyse the evolution from the Safe Harbour to the Privacy Shield regime. The action (adoption of Safe Harbour in 2000) has provoked an effect (the Schrems ruling adopted by the Court in response to the demands of data protection activists), which has finally led to feedback (adoption of Privacy Field in 2016). A legal analysis of this feedback effect shows that Privacy Shield only partially complies with the Schrems ruling. This partial compliance can be explained both by normative constraints and actors’ preferences.


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