The long awaited Schrems II decision was published by the Court of Justice of the European Union (CJEU) on 16 July 2020 (Court of Justice of the European Union – Grand Chamber – 16 July 2020 – C-311/18 – Schrems II) and while it has already been summarized as the death blow to the Privacy Shield framework and the confirmation of the validity of the Standard Contractual Clauses (SCCs) by many, it may only be a Pyrrhic victory for the latter, as far as transfers to the US are concerned.
(more…)EU Data Protection: Standard Contractual Clauses May have Been Confirmed by the CJEU, But At What Price?
July 16th, 2020 | Posted by in Data Transfer | Europe | Privacy - (0 Comments)EU Data Protection: Privacy Shield Shattered by the Sword of European Justice – What Comes Next for Transatlantic Dataflows?
July 16th, 2020 | Posted by in Data Transfer | Europe | Privacy - (0 Comments)In a highly anticipated Schrems II decision, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield, the legal framework allowing transatlantic exchanges of personal data for commercial purposes between the European Union and the United States, mainly citing US surveillance practices and inadequate recourse to EU individuals. On the other hand, the CJEU upheld the Commission Decision 2010/87 on Standard Contractual Clauses (SCCs) for the transfer of personal data to processors established in third countries (see out alert here).
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