CEU Electronic Theses and Dissertations, 2022
| Author | Mammadova, Naima |
|---|---|
| Title | Personal Data Protection: Norms concerning transfers of data from the EU to the US |
| Summary | The aim of this thesis is to ascertain the possibility, promises, and pitfalls of establishing a new legal framework for cross-border data transfer from the EU to the US. In the modern world, international data transfers between countries have significant importance for crime investigation, companies, and organizations which operate their business at the international level and use cloud technology. This thesis focuses on the investigation of legal issues and collisions related to the cross-border data transfer from the EU to the US, which is one of the topical problems in the personal data protection field. When personal data is transferred from one state to another one conflicts occur because of different jurisdictions and data protection regimes. One such example of this kind of disagreement is the incompatibility between the EU General Data Protection Regulation (GDPR) and the Clarifying Lawful Overseas Use of Data (CLOUD) Act . Therefore, this research aims to identify the collision between the CLOUD Act and the GDPR on data transfer from the EU to the US, the limits of their respective authority, and the scope of their jurisdictions . The central problem in this thesis is to find a solution to transfer personal data from the EU to the US. International executive agreements may be offered as a solution, but the problem is, that these kinds of agreements were invalidated by CJEU two times. After the invalidation of Safe Harbor and Privacy Shield, there is no sufficient instrument to apply in cross-border data protection. Thus, this thesis also analyzes legal issues raised in Schrems I and Schrems II and the situation in the US after invalidation |
| Supervisor | Soave, Tommaso |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2022/mammadova_naima.pdf |
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