The Right to Data Protection and the Commission's Adequacy Decision

Abstract

Data protection is a fundamental right protected by the EU as well as several international human rights instruments. However, an adequate relation of this right faces new challenges every day. A complicated area for the effectiveness of EU data protection law is the cross-border transfer of personal data. In European law, the main principle applicable to international data flows is the principle of adequate protection. This principle implies that a transfer to a third country/international organization is only permissible if an adequate level of protection of the personal data transferred is guaranteed. In this regard, this paper examines the application of this principle in the adequacy decisions adopted by the European Commission.