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Transfer of data to third countries

  • Data is the new oil,” said British Mathematician and Tesco marketing mastermind Clive Humbly1. Data has also been described as the backbone of digital retail enterprises2 and the currency of the digital age. Whether these statements live up to be true is debatable, but what is certain is the fact that the internet age has contributed to the avalanche of data witnessed today. In a century dominated by predictive analysis and artificial intelligence, it is no surprise that by the end of the last decade, data companies Apple, Amazon and Microsoft closed as the world´s first trillion-dollar companies, with their revenues dwarfing economies of several countries across the globe.3The recognition of the importance of data in today´s economy bears with it the responsibility to protecting its owners. While this intricate balance has long been the subject of legal analysis the General Data Protection Regulation, 2018, is hailed as the world´s most comprehensive and strict data protection regime currently in force. In addition to protecting the personal data of persons from its member countries, the Regulation also seeks to ensure the same protection accompanies any data transferred out of the European Union to other countries. It is almost 5 years since the Regulation was passed and process of implementation into business operations an important topic of discussion. Of importance to this study are the Modernized Standard Contractual Clauses, a tool of data transfer to countries outside the EU, which replace the three sets of SCCs adopted by the now repealed Data Protection Directive 94/46. These Standard Contractual Clauses came into effect on 27th September 2021, and companies have until 27th September 2022 to rely on the old set of clauses. With this deadline coming up, how far have the clauses been integrated into operations by businesses in Austria and the EU?

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Metadaten
Author:Leah Wanjiku Kihuria
DOI:https://doi.org/10.25924/opus-4658
Subtitle (English):The status of implementation of the modernized standard contractual clauses in Austria
Advisor:Christian Wirthensohn
Document Type:Master's Thesis
Language:English
Year of publication:2022
Publishing Institution:FH Vorarlberg (Fachhochschule Vorarlberg)
Granting Institution:FH Vorarlberg (Fachhochschule Vorarlberg)
Release Date:2022/10/29
Tag:GDPR; cloud services; personal data; standard contractual clauses; third countries
Number of pages:127
DDC classes:000 Allgemeines, Informatik, Informationswissenschaft
JEL-Classification:K Law and Economics
Open Access?:ja
Course of Studies:International Management & Leadership
Licence (German):License LogoUrhG - The Austrian Copyright Act applies - Es gilt das österr. Urheberrechtsgesetz