SCCs Archives

In Data Privacy

The impact ‘Schrems II’ has on controller-to-controller SCCs

July 23, 2020 by Harry Valetk and Julia Kaufmann 2 Mins Read

In its “Schrems II” opinion issued July 16, the Court of Justice of the European Union did not reach any findings on the EU Commission’s decisions 2001/497/EC or 2004/915/EC, i.e., the standard contractual clauses for the transfer of personal data to controllers. However, the rationale behind the CJEU’s ruling on the controller-to-processor SCCs, as well as on the EU-U.S. Privacy Shield, suggests two things with respect to controller-to-controller SCCs: The additional measures for transfers under C2P SCCs…

In Data Privacy

What ‘Schrems II’ means for controller-to-processor SCCs

July 20, 2020 by Michael Egan and Francesca Gaudino 2 Mins Read

The decision by the Court of Justice of the European Union in “Schrems II” provides that the controller-to-processor standard contractual clauses are a viable mechanism for data transfers from the EU to third countries but identified further conditions that need to be considered when implementing them to address the requirement to provide “adequate protection” to such transfers. The CJEU put the onus on data exporters to determine whether the exporter’s implementation of the C2P SCCs…

In Data Privacy

Schrems II: European Court of Justice Upholds the SCCs and Invalidates the EU-US Privacy Shield Framework

July 16, 2020 by Elisabeth Dehareng, Joanna De Fonseka, Dr Lukas Feiler, Francesca Gaudino, Brian Hengesbaugh, Julia Kaufmann, Wouter Seinen and Florian Tannen 2 Mins Read

The European Court of Justice (“ECJ”) issued a landmark ruling earlier today that invalidates the EU – US Privacy Shield Framework (“Privacy Shield”) in Case C-311/18 (“Schrems II”).