SECURITY OF CROSSBORDER DATA TRANSFER – THE EU-USA PERSPECTIVE
SECURITY OF CROSSBORDER DATA TRANSFER – THE EU-USA PERSPECTIVE

Summary/Abstract: In the era of the information society, the security of personal data has become a key issue, both at the individual and state levels. Significant challenges arise in the context of cross-border data transfers between the European Union and the United States, where differences in approaches to privacy protection and legal frameworks create numerous tensions and difficulties. The main issues concern the lack of coherent legal frameworks allowing for the secure transfer of personal data to the United States in compliance with EU privacy standards. Previous mechanisms, such as Safe Harbor and Privacy Shield, were deemed incompatible with EU regulations by the Court of Justice of the European Union, leaving data flows in a legal vacuum. The study aims to analyze the current conditions of cross-border data transfers between the EU and the US in the context of protecting the security and privacy of EU citizens’ data. The key outcome is to identify potential regulatory scenarios that could ensure effective protection of Europeans’ personal data. The analysis includes case studies of regulatory mechanisms (Safe Harbor, Privacy Shield) and EU legal frameworks, such as the GDPR, in light of CJEU decisions. The research also explores possible future scenarios for transatlantic data transfer cooperation, examines the political and legal differences in privacy approaches between the EU and the US, and considers alternative solutions, such as data localization or technical protection barriers.

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