The adequacy decisions in cross-border data transfers. The case of data flow between the european union and the united states

Abstract

This paper aims to analyze the elements that have led to the invalidation of the current Privacy Shield, the agreement between the European Union and the United States for cross-border data transfers, because of the Schrems II case. To this end, this work focuses on establishing the concept of adequate level and adequacy decision through legal analysis and literature review. Once studied, after a brief contextualization of the agreement that preceded it, the gaps or initial problems of the Privacy Shield are examined, as well as the arguments given by the Court of Justice of the European Union for its invalidation.