3 ms·
> I'm shocked that the Commission can do something like this by decree, without any review by other institutions. I don’t actually understand what the legal st
by mananaysiempre 3y ago
> I'm shocked that the Commission can do something like this by decree, without any review by other institutions.
I don’t actually understand what the legal status of the “adequacy decision” is—it seems that once it’s thrown out by CJEU anyone who’d trusted it is still considered to have been doing illegal things? What does the decision make possible that wasn’t before?
That said, diplomacy has always been a part of the executive, which combined with the spread of democracy has led to weird hacks such as signatures on treaties not actually meaning anything until a parliament approves of (“ratifies”) them.
- denton-scratch 3y agoI haven't gone into it. I think the idea is that the Commission maintains a list of countries to which it is OK to transfer data. The list is referenced from the regulation, but maintained by the Commission. Effectively, the Commission can adjust the legislation by buereaucratic pen-stroke, by altering the list. I don't know whether it can operate retrospectively; for example, if you were off the list for a few years, but are now OK again, does that mean that your tech companies can't be chased for what they were doing when it wasn't OK? I'd also like to know how this affects the UK. I don't know whether the UK implements the Commission's list in our legislation. Like I said, I haven't had a chance to dig yet.