Peter Swire, ‘When Does GDPR Act as a Blocking Statute: The Relevance of a Lawful Basis for Transfer’

ABSTRACT
This paper addresses an important practical topic – when does the EU General Data Protection Regulation (GDPR) act as a ‘blocking statute’, to prohibit transfers of personal data in response to requests by non-EU law enforcement agencies? Since the GDPR went into effect in 2018, there has been considerable discussion of this issue, most notably when there is a request from US law enforcement for emails and other records held by cloud service providers. This paper builds upon Théodore Christakis’ recent article on the effects of Article 48 and 49 of GDPR on when the GDPR acts as a blocking statute …

Swire, Peter, When Does GDPR Act as a Blocking Statute: The Relevance of a Lawful Basis for Transfer (October 19, 2019).

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