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Cross Border Transfer under European Legislation

Show simple item record 2018-10-03T13:40:25Z 2018-10-03T13:40:25Z 2018-10-03
dc.title Cross Border Transfer under European Legislation en
ethesis.discipline Eurooppaoikeus fi
ethesis.discipline European law en
ethesis.discipline Europarätt sv
ethesis.faculty Oikeustieteellinen tiedekunta fi
ethesis.faculty Faculty of Law en
ethesis.faculty Juridiska fakulteten sv
ethesis.faculty.URI Helsingin yliopisto fi University of Helsinki en Helsingfors universitet sv
dct.creator Ferreira Miranda, Luiza
dct.issued 2015
dct.language.ISO639-2 eng
dct.abstract The European Union’s data protection legislation has been under development for many years. The society changed and the need for a contemporary legislation arrived. Therefore, after many years of discussions and debates, the Directive 95/46/EC was repealed by the EU Regulation 2016/67 (GDPR,), effective as from 25 May 2018. The GDPR is committed to bring strength regarding the protection of individual’s personal data and also modernize the current business operational model, therefore, once the cross-border transfer plays an important role in such business the present paper aims to analyse (i) what is the process under European legislation when transferring personal data to third-countries, (ii) how the companies can ensure compliance under the GDPR, and (iii) what are the consequences for non-compliance from a business and legal points of view. The process for transferring personal data to a third country is well established under Section V of the GDPR. The Regulation now formally brings, for example, the mechanism of Binding Corporate Rules in its scope, and also provides further guidance on how data exporters must act when willing to have the personal data sent out of European Union or European Economic Area. The present research paper determined that the process to have Transborder flow (i) is now more straightforward, because it formally brings alternative methods and solutions for the companies to lawfully transfer such data, (ii) it is also more harmonised than before, because it has direct effect in the Member States' legislations, (iii) it is more effective, once the supervisory authorities holds more power and autonomy to act independently, and (iv) it is more severe on regards of its enforcement, due to the value of the administrative fines that can be imposed by the authorities. The lack of real case-laws and practical discussions conducted the author to make many assumptions and choose a more descriptive approach instead of providing clear implications of the new Regulation. Therefore, the conclusions are based on the comparison of the old Directive and the new Regulation, as well as practical experience in dealing with privacy on a regular basis. Nevertheless, it will be necessary more time after the GDPR comes into force in order to define if the new legislation is effective as expected, and if the cross-border transfer to third-countries actually safeguards the same European level of data protection or not. en
dct.language en
ethesis.language englanti fi
ethesis.language English en
ethesis.language engelska sv
ethesis.thesistype pro gradu -tutkielmat fi
ethesis.thesistype master's thesis en
ethesis.thesistype pro gradu-avhandlingar sv
dct.identifier.ethesis E-thesisID:41bc50de-86b9-43be-a338-3b6f5cd98ac2
ethesis-internal.timestamp.reviewStep 2018-09-04 08:32:02:211
dct.identifier.urn URN:NBN:fi:hulib-201810033290
dc.type.dcmitype Text
ethesis.facultystudyline.URI none
ethesis.mastersdegreeprogram.URI none

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