An unexpected result of the Court of Justice of the European Union’s Schrems II decision is the confusion between the EU General Data Protection Regulation’s Article 45 and Article 46 assessments. There is a distinction between assessing the adequacy of a third country’s laws and assessing impediments in a third country to enforce contracts. This IAPP article outlines discrepancies and offers a primer to ensure regulations are followed, and data flows more smoothly.
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