In the context of the Schrems II case (see a summary here), we continue our analysis of alternative vehicles allowing the transfer of personal to third countries outside the European Economic Area. In previous papers, we focused on Binding Corporate Rules (BCR) [link] as alternatives to the Standard Contractual Clauses (SCC) [link]. This time, we will look at the so-called “derogations for specific situations” set forth under Article 49 GDPR as a subsidiary vehicle to…
At the doorstep of 2020, advocate general Hendrik Saugmandsgaard Øe (a.g.) rendered his opinion in the so called “Schrems II case” and opined on how European Court of Justice should deal with the GDPR’s regime for international data transfers. See here for a summary on the Schrems II case. In a series of blogs, we further elaborate on the consequences of that opinion and the impact it may have on the current international data transfer…
Binding Corporate Rules (BCRs) are increasingly an option being considered by multinational organisations as a method for legitimising cross-border data flows within a corporate group – even more so since Safe Harbour is no longer an option to legitimise data transfers from the EU to the US. However, the number of companies that actually go through the process of adopting BCRs remains relatively low due to the lengthy and costly approval process and other perceived…