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Schrems II

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On 16 July 2020, the European Court of Justice (“ECJ”) ruled that the EU Commission’s 2016 decision regarding the adequacy of data protection in the United States and the EU-US Privacy Shield (“Privacy Shield”)* are invalid. As a result, companies in the EU and United States relying on the Privacy Shield program are scrambling to determine the impact on their operations.  Many US companies grant share-based awards to employees of their subsidiaries in the EU…

It’s difficult to believe that it has only been a short time since the Court of Justice of the European Union invalidated the European Commission adequacy finding for the EU-U.S. Privacy Shield on July 16, 2020. So much has changed. In this final note in the series, we provide seven predictions for the road ahead with “Schrems II” and global data transfers. Some of these may be more controversial than others, but here goes: 1.…

Starting with a good note: The “Schrems II” judgment does not lead to significant negative implications for companies that rely on the derogations the EU General Data Protection Regulation provides for international data transfers through Article 49. The Court of Justice of the European Union’s judgment stipulates that companies will need to evaluate whether their use of the standard contractual clauses provides sufficient protection in light of any access by the public authorities of the third country…

BCRs as a robust alternative to Privacy Shield and SCCs Binding corporate rules are considered the “gold standard” for international data transfers, primarily as they constitute the only data transfer mechanism that carries individual regulatory approval. As all concerned supervisory authorities have participated in the review and approval process, it seems unlikely that a supervisory authority would initiate an enforcement action against a data transfer that takes place on this basis. BCRs are also not…

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…

So far, much of the discussion surrounding last week’s Court of Justice of the European Union “Schrems II” decision has focused on the implications for personal data transfers to the United States or other non-European countries, but its impact will be felt in the UK, as well, and add a further layer of complexity for companies preparing for Dec. 31, when the Brexit transition period will end. The key question at this stage is whether…

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…

The Court of Justice of the European Union issued its decision in “Schrems II” Thursday, a landmark decision that invalidates the EU-U.S. Privacy Shield arrangement. Until July 16, Privacy Shield had served as an approved “adequacy” mechanism to protect cross-border transfers of personal data from the European Union to the United States under the EU General Data Protection Regulation. More than 5,000 organizations participate in Privacy Shield. Many thousands more EU companies rely on Privacy…

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”).

Introduction Recently, the European Commission published its evaluation report on the first two years of the General Data Protection Regulation (GDPR). The Commission focused on, in particular, two themes in its evaluation, being (1) international data transfers and (2) the cooperation and consistency among the European supervisory authorities. As to the latter, the Commission is of the opinion it should definitely be improved. With regard to international data transfer the Commission focuses on the review…