A critical evaluation of the evolution of EU data protection adequacy assessments and their effectiveness as a mechanism for promoting EU data protection standards as the global norm

Mc Cullagh, Karen (2024) A critical evaluation of the evolution of EU data protection adequacy assessments and their effectiveness as a mechanism for promoting EU data protection standards as the global norm. Common Market Law Review. ISSN 0165-0750 (In Press)

Microsoft Word (OpenXML) (CMLR Revised article (includes author info)) - Accepted Version Restricted to Repository staff only until 31 December 2099. Request a copy

Abstract

This article develops and applies a multi-dimensional framework to demonstrate what a data protection adequacy assessment by the Commission entails. The framework illustrates by reference to adopted adequacy decisions and commentary on failed applications under Directive 95/46/ec (Directive) and the General Data Protection Regulation (GDPR) that four of the dimensions have a legal basis and have become more stringent over time. It also demonstrates that the Commission routinely acts as though there is another latent dimension, namely trade considerations, and this results in the adoption of deficient adequacy decisions. The model is also used to critically evaluate whether the EU is making progress in realising its goal of promoting its data protection standard as the global norm through the adoption of adequacy decisions.

Item Type:	Article
Uncontrolled Keywords:	adequacy,gdpr.,data protection,,ec,,third country,,personal data transfers,,law ,/dk/atira/pure/subjectarea/asjc/3300/3308
Faculty \ School:	Faculty of Social Sciences > School of Law
UEA Research Groups:	Faculty of Social Sciences > Research Groups > Media, Information Technology and Intellectual Property Law
Depositing User:	LivePure Connector
Date Deposited:	05 Mar 2024 10:32
Last Modified:	28 Mar 2025 12:35
URI:	https://ueaeprints.uea.ac.uk/id/eprint/94578
DOI:

Actions (login required)

View Item