What is it about?

The article argues that the European Union's data transfer regime, based on a human rights theory, may be in a state of existential crisis. By putting the bar of protection very high, it may restrict trade and be non-reconcilable with WTO law. it may even be self-threatening as it is non-conducive to the core values on which human rights are founded, i.e. international trade and economic prosperity as a basis of order and peace.

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Why is it important?

Because markets and social interaction require access to personal information.


I hope that this article provides for a different view on data protection law and leads to a deeper debate on the regulation of data transfers from an angle that goes beyond the classic human rights discourse.

Jan Dhont
Wilson Sonsini Goodrich and Rosati

Read the Original

This page is a summary of: Schrems II. The EU adequacy regime in existential crisis?, Maastricht Journal of European and Comparative Law, November 2019, SAGE Publications, DOI: 10.1177/1023263x19873618.
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