The European Commission’s Adequacy Decisions’ Content as a Guide for Applying the Adequacy Assessment Criteria
My Session Status
What:
Panel
When:
3:30 PM, lunes 10 jun 2024
(30 minutos)
Breaks:
Break 04:00 PM to 04:30 PM (30 minutos)
Where:
Ca' Foscari University of Venice
- Sala Archivio
Theme:
Scientific Track
Research and Innovation
The adequacy requirement plays a significant role in EU data protection law. The third country must provide adequate data protection to make personal data transfer free, i.e., treat the transfer as if it happens within the EU. A third country must pass the assessment conducted by the European Commission to do so. The doctrine describes the assessment as not transparent enough and influenced by the political background. There are few official materials available concerning the assessment and decision-making process.
The adequacy decisions issued so far present a uniform shape and content when analysed. Nevertheless, the decisions' uniformity simultaneously proves the existence of the indirect application of political background by the European Commission. It is manifested by omitting the rule of law and human rights protection criterion and the selective application of the third country's international commitments criterion (Article 45 (2) (a) and (c) GDPR).
