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HORIA ALEXANDRU MODRAN, Transborder Data-Flow

Abstract: This study defines and explains the concept of transborder data-flow, addressing as well the problem of the transfer of personal data to third-countries in the context of the General Data Protection Regulation. Cross-border data transfer is one of the central and most important problems of data protection law. In the age of comprehensive networks, it is technically possible for a company to store its data in a foreign data center and, then, to retrieve and use it without any time delay. This possibility can be exploited by companies to circumvent national and European data protection laws by storing all important personal data in foreign data center. The need to ponder companies' interest in transferring data abroad with the data subjects' interest in protecting their own data has led to the adoption of a relatively complex regulatory framework. However, the transfer of data abroad continues to raise many problems, often generated by the legislator's difficulties to anticipate the various scenarios that may involve data transfers abroad and the different interpretation of existing rules by either authorities and practitioners.

Keywords: transborder data-flow, personal data, third countries, general data protection regulation.


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