The New Framework for Transatlantic Data Transfers

15 Pages Posted: 28 Jun 2023

See all articles by Andrej Savin

Andrej Savin

CBS LAW, Copenhagen Business School

Date Written: June 28, 2023

Abstract

This article discusses the proposed new transatlantic data transfer arrangement which is meant to replace the Privacy Shield recently annulled by the Court of Justice of the European Union. The paper begins with the basic reasons for the Schrems II judgment and its consequences. It then looks at the US presidential order forming the basis for the agreement and the proposed EU Adequacy Decision. The proposed mechanism for transfer and the safeguards are analysed. It is concluded that the concession the American side had given are important albeit inadequate and that further challenges are likely in the future.

Keywords: Data transfer, data protection, EU law, US-EU Privacy Shield, EU adequacy decision

JEL Classification: K33, K39, O38

Suggested Citation

Savin, Andrej, The New Framework for Transatlantic Data Transfers (June 28, 2023). Copenhagen Business School, CBS LAW Research Paper No. 23-01, Available at SSRN: https://ssrn.com/abstract=4494289

Andrej Savin (Contact Author)

CBS LAW, Copenhagen Business School ( email )

Porcelænshave 18B, 1
Copenhagen, Frederiksberg 2000
Denmark

HOME PAGE: http://https://www.cbs.dk/en/research/departments-and-centres/cbs-law

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