“The origins of the discussion concerning the role of #risk in #datatransfers are difficult to trace. Despite this, #schrems II, a recent decision of the European Court of Justice (#cjeu), has given the topic new traction. This paper explores the risk-based approach (#rba) hypothesis for data transfers from a different perspective: the consequences of applying the 'two-step test' stated in Article 44 of #gdpr. The main goal is to present the challenges of applying this test and the various questions it raises.”
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