International transfers of personal data from the European Union and the evolution of the right to privacy

A study based on the Schrems I and II cases

Abstract

This paper aims to address the evolution of Rights towards data privacy in the European Union, specifically with regard to virtual data transfers. In order to achieve this objective, we use the study of the Schrems I and II cases, in addition to analyzing the European legislative evolution, together with the historical events that were responsible for shaping the current standard of privacy and protection of personal data. In this way, the work aims to demonstrate the effective change that has spread across the EU since the end of the 20th century in relation to privacy and protection of personal data and the relationship of the Schrems I and II cases with this evolution of the aforementioned rights, in addition to arguing in favor of adopting the model for obtaining adequacy decisions by countries that wish to carry out data transactions with the EU as a part, and finally to recognize the vanguard position obtained by the European Union in the matter, in order to assert its position as a global influencer in the face of privacy and data protection laws, which will increasingly have to adapt to the parameters used by the EU.