Privacy e protezione dei dati personali UE vs USA. Evoluzioni di diritto comparato e il trasferimento dei dati dopo la sentenza "Schrems II"

This research, through the lens of comparative law methodology, analyzes the legislative framework of the European Union and the United States on privacy and protection of personal data, trying to outline the relative differences and analyze the transfer of personal data to the United States. The right to privacy was born in the US and developed in the EU into the right to protection of personal data. The US presents a fragmented regulatory framework, unlike the EU. Despite the differences, it is interesting to see how the General Data Protection Regulation (EU 2016/679) which became enforceable as of 25 May 2018 is also affecting the US data privacy landscape, such as the California Consumer Privacy Act of 2018. The latest data transfer agreement between the EU and the US "Privacy Shield", based on the adequacy decision of the European Commission 2016/1250, was invalidated by the "Schrems II" judgment - of the Court of Justice of the European Union - which raises a number of important issues for the future of data transfers to the United States. The EU and the US have initiated discussions to assess the potential for an enhanced EU-US Privacy Shield framework.