Book contents
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Copyright page
- Contents
- Acknowledgements
- Author’s Note
- Table of Cases
- 1 Introduction
- 2 Conceptual Approaches to Data Protection in the European Union and the United States
- 3 The European Union’s Obligations to Safeguard the Fundamental Right to Data Protection Extraterritorially
- 4 Limits That Public International Law Poses on the European Union Safeguarding the Fundamental Right to Data Protection Extraterritorially
- 5 Ways to Mitigate Problematic Jurisdictional Overreach
- 6 The Reach of European Union Data Protection Law in Transatlantic Data Transfers for Counterterrorism Purposes
- 7 Data Protection and the Free Flow of Information
- 8 Enabling Transatlantic Trade and Protecting Privacy through Cross-Border Data Transfer Agreements
- 9 The Normative External Effects of the European Union’s Exercise of Extraterritorial Jurisdiction in Data Protection Law
- 10 Conclusion
- Select Bibliography
- Index
8 - Enabling Transatlantic Trade and Protecting Privacy through Cross-Border Data Transfer Agreements
Published online by Cambridge University Press: 06 April 2023
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Copyright page
- Contents
- Acknowledgements
- Author’s Note
- Table of Cases
- 1 Introduction
- 2 Conceptual Approaches to Data Protection in the European Union and the United States
- 3 The European Union’s Obligations to Safeguard the Fundamental Right to Data Protection Extraterritorially
- 4 Limits That Public International Law Poses on the European Union Safeguarding the Fundamental Right to Data Protection Extraterritorially
- 5 Ways to Mitigate Problematic Jurisdictional Overreach
- 6 The Reach of European Union Data Protection Law in Transatlantic Data Transfers for Counterterrorism Purposes
- 7 Data Protection and the Free Flow of Information
- 8 Enabling Transatlantic Trade and Protecting Privacy through Cross-Border Data Transfer Agreements
- 9 The Normative External Effects of the European Union’s Exercise of Extraterritorial Jurisdiction in Data Protection Law
- 10 Conclusion
- Select Bibliography
- Index
Summary
The discussion on transatlantic jurisdictional tensions could be constructed as one on enabling, or frustrating, free trade. The General Data Protection Regulation holds that personal data may be transferred only to States with an essentially equivalent level of data protection to that in the EU. This so-called adequacy standard pushes third States to enact EU-style regulation and has thus had extraterritorial effect. As the US has not received an overall adequacy decision, EU to US data transfers are based upon sector-specific agreements or other transfer mechanisms. In 2015, the Court of Justice of the EU invalidated the US–EU Safe Harbour agreement, which had enabled many EU–US data transfers for companies, ruling that it infringed privacy and data protection rights. Since then, both parties have renegotiated multiple data transfer agreements, each time to incorporate stronger EU data protection standards. US companies have realised the need to have privacy and data protection approaches closer to those in Europe to be attractive to the EU market. Ultimately, there is perceptible legal diffusion based on EU values. If the EU has managed this diffusion by requiring certain data transfer arrangements, the wider implications are that global data privacy protections are gradually becoming stronger.
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- Transatlantic Jurisdictional Conflicts in Data Protection LawFundamental Rights, Privacy and Extraterritoriality, pp. 189 - 233Publisher: Cambridge University PressPrint publication year: 2023