Διασυνοριακή ροή προσωπικών δεδομένων υπό το πρίσμα του ΓΚΠΔ και Brussels Effect
Cross-border flow of personal data in the light of GDPR and Brussels Effect

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Keywords
Διασυνοριακή ροή προσωπικών δεδομένων ; Διεθνείς διαβιβάσεις προσωπικών δεδομένων ; Άρθρα 44-50 GDPR ; Schrems I & II ; Αποφάσεις Επάρκειας ; BCRs ; SCCs ; ΟΟΣΑ ; Brussels Effect ; ΕξωεδαφικότηταAbstract
Cross-border flows of personal data refer to the transfer of data between countries and are a vital component of the modern digital economy. At the same time, however, it is a legally sensitive issue, as countries adopt different standards of privacy protection. The EU's General Data Protection Regulation (GDPR) sets strict conditions for such transfers, allowing them only to countries that provide an “adequate” level of protection. In this context, the Brussels Effect phenomenon emerges, i.e. the EU's ability to export its regulatory rules beyond its borders. Companies and states, in order to maintain access to the EU single market, often adopt European standards. Thus, the GDPR acts as a tool of global regulatory influence, affecting global data protection policies and shaping the future in this area. This paper examines the cross-border flow of personal data in the light of the GDPR regulations and analyses the Brussels Effect phenomenon in the field of privacy protection. At the same time, it explores the link between cross-border flows and the EU's regulatory influence in this area. First, it analyses the concept and significance of cross-border data flows, the different regulatory approaches of states, and the main international regulations in this area, namely the OECD Guidelines and Council of Europe Convention 108. This is followed by a presentation of the EU legal framework for international data transfers, examining the provisions of Chapter V of the GDPR and focusing on the individual transfer mechanisms, along with a reference to the key decisions of the CJEU in the Schrems I and II cases. Next, the Brussels Effect is examined as a theoretical and practical phenomenon, with the aim of interpreting the extraterritorial regulatory power of the EU through the GDPR, highlighting the role of transfer mechanisms in strengthening it. The analysis concludes with a critical assessment of the Brussels Effect and an overview of its future prospects for application in international data protection, while the epilogue summarizes the main issues and presents the final conclusions of this study.


