Restricții privind transferul de date cu caracter personal către operatori și împuterniciți din afara UE și efectul asupra conformității GDPR
Restrictions on the transfer of personal data to non-EU controllers and processors and their effect on GDPR compliance

Summary/Abstract: The adoption of digital technology underwent a steep acceleration in the recent months due to the SARS-Cov-2 pandemic. As a consequence, the flow of personal data between Member States and between Member States and third countries has increased substantially. In this context, the article aims to identify and analyze the legal tools that allow for the transfer of personal data from a Member State to a third country. The legal mechanisms for transfer have been drastically affected by the recent decision of the Court of Justice of the European Union in the famous Schrems II case which invalidated the Privacy-Shield Decision and put into question the legality on transfers made under Standard Contractual Clauses. The article will thus seek to clarify the conditions under which businesses can achieve GDPR compliance when engaging in data transfers.

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