Shevchuk O. Legal regulation of the personal data protection in the European Union.

Dissertation is devoted to the structural analysis of the genesis, development and functioning of the system of protection of personal data in the European Union. The result of the research determines four main development stages of the system of protection of personal data in European Union which gives basis to theoretical forecasting concerning the further development of the system of protection of personal data in the European Union. The dynamics of the development of the area of freedom, security and justice in European Union in view of the need to ensure the security of the exchange of personal data as an important tool in the EU's internal security policy, have been described and analyzed in the thesis. The author raises the question of the need for a strategic approach for the exchange of personal data in the AFSJ in order to balance the rights of individuals with regard to the exchange of personal data among the participants of the AFSJ. The structural analysis of contractual and institutional mechanisms of the protection of personal data in the European Union has been studied in the research. Provides the key differences regarding the mechanisms of protection of personal data under Directive 95/46/EC and Regulation (EC) 2016/679. It is proposed to consider the main responsibilities and limits of the responsibility of the operator and processor of the protection of personal data within processing. Features of informing about violations of personal data in accordance with the Regulations are noted. The dissertation provides a comprehensive analysis of the mechanisms for ensuring compliance with the rules on personal data protection in the European Union. Special attention has been paid to defining the role of the data protection officer and the supervisor in ensuring control and monitoring of compliance with the rules on personal data protection in the European Union. It is proposed to consider the circumstances affecting on the determination of the amount of penalties for breach of the rules of personal data protection in the European Union. Impact of the European Data Protection Board.in ensuring of the compliance with the rules on personal data protection in the European Union is noted. The author examines the issues of legal regulation of cross-border transfers of personal data in the European Union. It is proposed to consider the main mechanisms ensuring the proper protection of cross-border transfers of personal data: transfers with an adequacy decision, transfer pursuant to another mechanism ensuring appropriate safeguards, codes of conduct and certification mechanism, legally binding corporate rules. The features of data transfer from the EU to the USA pursuant to Privacy Shield and the transfer of data beyond the European Economic Area boundaries are noted. The author highlighted the genesis, development and functioning of the system of protection of personal data in the Ukraine. The author provides information about the treaty and the institutional mechanism of the protection of personal data in Ukraine. The main legal instruments of implementation and monitoring in the field of personal data protection in the framework of the Association Agreement between Ukraine and the European Union are noted. The author suggested ways of reforming the existing system of personal data protection in Ukraine in order to harmonization it with European standards.