GDPR, Something Stringent Building Sway, Part IV

GDPR an Overview: International Issues And Challenges

The General Data Protection Regulation (GDPR) raises international concerns and challenges. Firstly, data transfers to third countries and international organizations are problematic. It has ineffective and inefficient mechanisms for cooperation among supervisory authorities in different states. It has limits in its extraterritorial application and enforcement, and, lastly, its impact and influence on other jurisdictions and regions can only be effected through volatile special treaties such as the EU-US Privacy Shield:

Data transfers to third countries or international organizations:
The GDPR requires data controllers and processors to ensure an adequate level of data protection or appropriate safeguards when transferring personal data to third countries or international organizations outside the EU or EEA, such as binding corporate rules, standard contractual clauses, or certification mechanisms. However, these mechanisms may not always be sufficient or available and may be subject to legal or political uncertainties or disputes, such as the invalidation of the EU-US Privacy Shield by the European Court of Justice in 2020. Moreover, some third countries or international organizations may have different or conflicting data protection laws or practices, which may pose challenges to compliance and cooperation.

Cooperation and consistency among supervisory authorities: The GDPR provides mechanisms for cooperation and consistency among the data protection authorities across the EU and with third countries or international organizations, such as the one-stop-shop mechanism, the consistency mechanism, the European Data Protection Board, or the mutual assistance and joint operations. Yet, these mechanisms may not always be effective or efficient and
may face practical or legal difficulties or delays, such as divergent interpretations or applications of the GDPR, conflicting interests or jurisdictions, or limited resources or capacities.

Extraterritorial application and enforcement: The GDPR applies to any organization in the world that processes the personal data of individuals in the EU or EEA, regardless of where the organization is based or where the data are processed. This means that the GDPR has a global reach and impact and that the data protection authorities have the power to impose administrative fines or other sanctions on any organization that violates the GDPR, even if they are outside the EU or EEA. However, this may also raise issues and challenges for the recognition and enforcement of the GDPR across different legal systems and cultures and the respect for the sovereignty and jurisdiction of other countries or regions.

Impact and influence on other jurisdictions and regions: The GDPR is widely regarded as a model and a standard for data protection and privacy in the world, and has inspired and influenced many other jurisdictions and regions to adopt or update their own data protection laws or frameworks, such as the California Consumer Privacy Act (CCPA.) the Virginia Consumer Data Protection Act (VCDPA,) the Colorado Privacy Act (CPA,) or the Brazilian General Data Protection Law (LGPD). But, this may also create challenges for the harmonization and interoperability of the different data protection regimes, for the balance between the promotion and protection of human rights and democratic values, and the respect for the diversity and
specificity of different contexts and circumstances.