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Territorial Scope and Data Transfer Rules in the GDPR: Realising the EU’s Ambition of Borderless Data Protection

Meet the Author Series will host Prof. Christopher Kuner on his findings on ”Territorial Scope and Data Transfer Rules in the GDPR: Realising the EU’s Ambition of Borderless Data Protection”. The event will take place on 20 January 2022, between 11:00-12:30 (CET). The article to be discussed is available here.

The abstract of the paper is such: Legal protection of personal data that are transferred or processed outside the EU’s territorial boundaries has been strengthened in recent years, both in the GDPR and by the Court of Justice. The main mechanisms for guarding against data protection threats originating from outside the EU’s borders are rules on the territorial scope of EU data protection law (Article 3 GDPR), which allow its application to data processing by non-EU parties, and data transfer restrictions (Chapter V GDPR), which protect personal data that are transferred to third countries. The GDPR does not indicate how these two mechanisms interact, which has led to initiatives to disapply data transfer rules when data processed outside the EU are already subject to it. However, there has been little transparency about these initiatives or explanation of their rationale, despite their significance for the protection of EU data and their impact on the GDPR’s global reach. For the protection of EU data against external threats to be both legally sound and effective in practice, it is necessary to examine the nature and interaction of rules on territorial scope and data transfers, in order to determine how the EU’s vision of cross-border data protection can be realised.

The debate will take place as part of the Meet The Author Series, which aims to give authors of recent books and articles on privacy-related issues the opportunity to present their works before a critical audience composed by academics, private sector practitioners, policymakers, fundamental rights advocates, European officials and so on.

The Author will be invited to give his review alongside with the Chair and the Discussant(s), which is followed by a reaction of the author. We end with a Q&A with the public on crucial questions.

Speakers:

  • Prof. Hielke Hijmans (Belgian DPA, Vrije Universiteit Brussel (VUB) – Institute For European Studies), Chair
  • Prof. Christopher Kuner (Vrije Universiteit Brussel (VUB) – Law, Science, Technology & Society Research Group; Maastricht University – Faculty of Law; Centre for European Legal Studies, Co-Director of the Brussels Privacy Hub), Author
  • Dr. Svetlana Yakovleva (Post-Doc, University of Amsterdam), Discussant
  • Olivier Matter – (Team Leader for International Cooperation – EDPS), Discussant

Time: 11:00 – 12:30

Program:

11.00-11.15: Welcome by the Chair (Prof. Hielke Hijmans) and introduction by the Author

11.15-11.45: Critical remarks by discussants

11.45-12.00: Reaction of the Author

12.00-12.30: Q&A and Wrap Up

Venue: The event will be held fully online. The platform, together with the link to attend the event, will be communicated to the registered participants in due course.

Registration: The event is free to attend but registration is required.

Should you face any difficulties with the registration form, please send an e-mail to info@brusselsprivacyhub.eu

The event summary has now been published!