Francesca Tassinari

The European Union Adequacy Standard in the Field of Data Protection: A Competence Approach

  • Abstract

Informations and abstract

Keywords: European Union; data protection; personal data transfer; external implied competence; adequacy decision; appropriate safeguards

The regime on transborder data flows set down in the European Union (EU) data protection acquis provides for a variety of tools legitimising the transfer of personal data toward third countries and international organisations. Specifically, it addresses the following legal aspects: adequacy decisions, appropriate safeguards and derogation clauses. So far, the relationship between adequacy decisions and international agreements concluded by the EU and/or its Member States has not been clarified from a legal perspective. This leaves the choice of one instrument or another at the mercy of the colegislators. This analysis examines the interrelationship between the EU’s treaty-making power based on external (implied) competence on the protection of personal data and the free movement of such data – namely Article 16 of the Treaty of the Functioning of the EU (TFEU) – and the European Commission’s implementing powers, which is exercised through the adoption of adequacy decisions. The aim is to explain the adequacy decision/legally binding (enforceable) instrument interconnection. This could lead to limiting the discretion of the co-legislators. In this respect, the theory on implied powers applicable to international organisations and the relevant case law of the Court of Justice of the EU are duly taken into account

Trova nel catalogo di Worldcat

Article first page

Article first page