Cross-Border Data Transfers and Privacy Regulations: The Future of the GDPR and Beyond

Abstract

[...]transfers are permissible only if the receiving country has been deemed to provide an adequate level of data protection, as determined by the European Commission or if appropriate safeguards, such as standard contractual clauses (SCCs), binding corporate rules (BCRs) or other mechanisms are implemented. [...]SCCs provide a widely utilised mechanism for ensuring data protection compliance in the absence of an adequacy decision. [...]businesses transferring personal data to the US faced heightened regulatory scrutiny and compliance uncertainties. In the absence of a unified federal law, businesses operating in the US must navigate complex and often overlapping regulatory requirements, ensuring compliance with state-specific and sectoral privacy laws while addressing international data transfer obligations.