The Restrictive Effect of the Legal Mechanisms for Data Transfers in the European Union

Abstract The right to data protection in Article 8 CFR has an extraterritorial dimension, which requires continuous for personal that is essentially equivalent the guaranteed within EU. This of unwritten constituent part CFR. Primary Union law 16(2) TFEU instructs European Parliament and Council establish rules relating individuals regarding processing their data. mandate also extends dimension protection. Accordingly, Chapter V GDPR sets out system transfer from EU third countries. first section this chapter defines legal concept “data transfers” introduces three mechanisms (Sect. 3.1). following sections address mechanism role guaranteeing Each entails a fundamental rights analysis on basis GDPR. second dedicated transfers based adequacy decisions countries 45 3.2). instruments providing appropriate safeguards 46 such as standard clauses binding corporate (BCRs) 3.3). Finally, fourth subject contract-based consent-based derogations 49 3.4).