EU Framework for Transfers of Personal Data

Abstract

Abstract This chapter argues that a reform of the European Union’s (EU) framework for transfers of personal data outside the European Economic Area (EEA) provided for in Chapter V of the General Data Protection Regulation (GDPR) is necessary. This argument is structured along the following three broad issues. First, this chapter examines the constitutional contours of the GDPR’s Chapter V framework to ascertain that the EU legislator has enough flexibility to reform this framework within the boundaries of the EU Charter of Fundamental Rights (EU Charter). Second, it elucidates the gaps that this framework creates in legal protection of Europeans’ personal data transmitted outside the EEA. Finally, this chapter proposes three directions of thought on how to improve the GDPR’s Chapter V framework, reflecting possible short-, medium-, and long-term strategies for the EU in this area.