Decyzja Komisji Europejskiej o adekwatności co do ram ochrony danych UE-USA (Data Privacy Framework) jako podstawa prawna do transatlantyckiego transferu danych osobowych

This thesis examines the regulations and legal frameworks governing personal data transfers under the GDPR, focusing on transatlantic data transfers to the United States. Chapter 1 outlines the GDPR provisions for lawful data transfers, including the legal bases and the European Commission’s process for issuing adequacy decisions. It also details alternative transfer mechanisms, such as appropriate safeguards and specific derogations, including binding corporate rules, standard data protection clauses, and approved codes of conduct. Chapter 2 analyzes significant CJEU judgments on data transfers to the U.S., particularly Schrems I and Schrems II, which annulled previous adequacy decisions. It discusses the court's reasoning, U.S. data protection inadequacies, and necessary legal adjustments for future adequacy decisions. The chapter also addresses the business implications of Schrems II, especially regarding Google Analytics, and introduces new compliance requirements like New Standard Contractual Clauses and Transfer Impact Assessments. Chapter 3 introduces the Data Privacy Framework (DPF), the latest adequacy decision by the European Commission regarding U.S. data protection, effective from July 2023. It explains legislative changes in U.S. law, including a new redress mechanism for EU citizens, and describes the adoption process of the DPF. The chapter also explores differing interpretations of proportionality and necessity between Europe and the U.S. Chapter 4 predicts the potential invalidation of the DPF by the CJEU, comparing it with previous adequacy decisions and assessing the alignment of U.S. legal changes with CJEU requirements. The thesis concludes by summarizing the findings and implications for future data transfer frameworks, highlighting the evolving landscape of data protection and the complex dynamics between EU and U.S. regulations.