Abstract
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 how the GDPR international data transfers regime, established in Articles 44 to 49 GDPR, should be understood in light of both the standard and the test of essential equivalence, pronounced in Schrems II. We argue that the CJEU judgment in Schrems II necessitates a thorough re-evaluation of the GDPR’s system for data transfers, with fundamental rights at the forefront. At the same the CJEU’s approach leaves many questions surrounding data transfers open, such as what is a transfer of personal data in the first place and how should controllers or processors assess essential equivalence themselves.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
