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Why the EU Has Issued Relatively Few Data Protection Adequacy Determinations? A Reply

A January 2, 2017 commentary by Ariel Teshuva raises an intriguing question. While the European Commission is vested with the authority under Article 25(6) of the Data Protection Directive to issue data protection adequacy determinations—a declaration that a given jurisdiction outside the EU provides adequate legal protection for personal data—why have so few been adopted?


Why Has the EU Made So Few Adequacy Determinations?

Data is a "magic material" that "is becoming the fuel for innovation,” says former European Commission Vice President Neelie Kroes. But getting this “magic material” out of the EU is a complicated business. Under the EU Data Protection Directive (DPD or Directive 95/46/EC), a firm can move data out of the EU only if some EU legal mechanism authorizes it.

Privacy Paradox

Google to France: ‘Forget You’ – An Update on the Right to be Forgotten

Last week, Google announced it was appealing the French data authority’s decision to fine Google for refusing to delete links globally. With the right to be forgotten (RTBF) debate thus back in the news, this post takes the opportunity to map the lay of the land to date.

The Extraterritoriality Dispute


The EU-Turkey Deal: Expediency Trumps the EU’s Higher Calling

The deal between the EU and Turkey to manage the flow of refugees from Syria, made public at the end of the European Council meeting on March 18, has big potential benefits for both the EU and Turkey. But it has big costs as well. If successful, it will stem the tide of refugees, help prevent the collapse of the Greek state, allow the EU to start healing its own wounds and prepare the ground for a more orderly placement and distribution of the refugees.


Coping with the Right to be Forgotten: A Business Opportunity

According to a European Commission fact sheet on the Right to Be Forgotten, “individuals have the right - under certain conditions - to ask search engines to remove links with personal information about them.” Since this right apparently does not require deletion from the World Wide Web of that information itself, there seems to be a business model in this rule for some enterprising party.


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