Topic: Data Transfer

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Schrems II landmark ruling: our recommendations

On 16 July 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems II case).  While the EU-US Privacy Shield (Privacy Shield) has been completely invalidated, the Standard Contractual Clauses (SCCs) remain valid, but with strict conditions.

Our recent briefing provides a detailed analysis on the judgement, but here are our recommendations on what organisations should consider doing next:

  • Monitor guidance updates from the European Data Protection Board (EDPB)
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Schrems II: The US Perspective and where do we go from here?

Schrems II calls into question all transfers of personal information out of the EU that involve export to a country without an adequacy finding.  While this affects countries in every region of the world, it does have particular ramifications for the US.

US companies are likely to bear the brunt of this decision.  First, because the underlying complaint concerns how Facebook transferred personal data to the US, Schrems II takes particular umbrage with US “mass” surveillance laws, which are unlikely to change in the short term.  Second, the US is still the largest economy in the world and information is … Continue Reading

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