Formalisierung des Systemrechts

Bräutigam, Lothar; Höller, Heinzpeter; Scholz, Renate

doi:10.1007/978-3-322-93610-3_7

Cited by 1 publication

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“…70 Article 46(1) of the GDPR allows transfer of personal data if the receiver country or organisation as the controller or processor provides 'appropriate safeguards' with data subjects' enforceable rights and effective legal remedies. The procedure, probable contents and providing authorities of such safeguards is described in 114 and Article 46 of the GDPR.…”

Section: Transnational Data Transfers Under Gdprmentioning

confidence: 99%

“…In the coming years, it is probable to face new situations and technologies that demand new interpretation of laws and produce numerous case laws. 114 From the EU users' points of view, the EU data protection law provides efficient protection of privacy against unlawful personal data processing. However, if we explain from non-EU-based, for example, US-based online platforms' standpoints when their services are used within the territory of the EU, it may become complicated for them to define their legal obligation in processing personal data.…”

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confidence: 99%

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Cross-border issues under EU data protection law with regards to personal data protection

Bu‐Pasha

2017

Information & Communications Technology Law

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We are living in an inter-connected, global digital society where the services of different operating systems are universal in nature, but many Internet activities are still being tackled by national laws and regulations. A long-existing question is which law is applicable in cases of Internet activities because the online world does not have any physical boundaries. How the European Union (EU) approaches this duality has become a concern for data protection laws. By analysing some recent Court of Justice of the European Union case laws, this article seeks to discover how the EU data protection law tackles disputes involving transnational issues online, which includes its extra-territorial application and cross-border data transfers. The article also indicates that there is an enormous gap between legislation and practice.

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Section: Transnational Data Transfers Under Gdprmentioning

confidence: 99%

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confidence: 99%