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Data Protection and Compliance in Context by Stewart Room

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THIRD COUNTRIES AND ADEQUATE PROTECTION

The harmonization of national laws within the EC following the introduction of the Data Protection Directive means that the current state of the law is straightforward; all countries within the EEA provide adequate protection for the rights and freedoms of data subjects whose personal data are processed within their borders. The lawfulness of data transfers to countries outside the EEA depends upon whether the other country offers an adequate level of protection for personal data, that is, whether it satisfies the adequacy test, or whether an exception applies.

The adequacy test

The Data Protection Directive provides very clear guidance on how the adequacy of third countries is to be measured. Article ...

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