INTERNATIONAL TRANSFER OF PERSONAL DATA BETWEEN THE EU AND COUNTRIES OUTSIDE THE EU

Abstract

Since May 2018, the global concept of personal data transfer has seen major changes, driven by the
reforms of the EU’s Data Protection Legislation, when the new regime of diversified mechanisms for
transfer to third countries came into effect. The article aims to give an overview of the European Union’s
contemporary legal framework and the tools for international data transfer. In addition, the article will
briefly present the legal provisions for personal data transfer of some other countries, constructed and
further developed under the influence and inspiration of the "almost perfect" EU regulatory solution. The
purpose and the main value of the paper is to demonstrate that internationally harmonized mechanisms for
transfer of personal data will not hinder, but positively govern the global international exchange,
development and cooperation. The value of the article is increased due to the fact that improved
mechanisms for international data flow are a relative novelty, and in certain parts of the economically
developed world, which will be briefly covered, are in their absolute infancy. The main hypotheses of the
paper are based on the following premise: GDPR’s data transfer tools are the best mechanisms so far,
which tend, with certain improvements in practical implementation, to ensure the full realization of
personal data protection right, in case of data flows outside the EU borders, and the legal provisions for
personal data transfer of certain foreign countries (Middle East/Gulf Cooperation Council members) are a
reflection of the GDPR, thus providing the same level of personal data protection during transfer to those
countries. At the same time, the rules are not an obstacle for the smooth running of international business
and other types of valuable transactions.