International transfer of data

Question 1

what does the GDPR cover ?

Answer 1

as the free movement in eu, we have transfer of data from state A to B : free movement of data + protection of natural persons. The art 3, 1 give the territorial scope of the regulation.

Question 2

what is an adequacy decision ?

Answer 2

it s a unilateral measure that EU can take to recognize the regime of a non EU country (since the system isnt harmonized, there are different levels of protection), so EU requires as a condition for free movement of data, an equivalent level of protection.

Question 3

what are the two kinds of standard contractual clauses ?

Answer 3

clauses when you want to sell data abroad or collect data from european citizens
(1) standard clause : adopted by the EU commission itself, it is purely private and it expands scope of the GDPR through contract
(2) code of conduct : requires the approval of EU commission

Question 4

can a third world country use our data ?

Answer 4

maximillian schrems case : still uncertain, court of justice however said that the level of protection in the us is not binding on the security service and intelligence service in the US, also that the “standard contractual clauses” used by FB arent recognized and not applicable in the US. (cause they collected data which is ok for the commission but cant transfer it to public authorities)

Question 5

what happens when data is transferred bt/ 2 non EU countries?

Answer 5

there are free trade agreements that have provisions on the transfer of data. And that data will not be taxed when crossing borders (WTO)