Privacy Shield

In the wake of the recent decision of the European Court of Justice (CJEU) in which it struck down the Privacy Shield data transfer arrangement – commonly referred to as the Schrems case after the Austrian activist, Max Schrems, who brought the action – the practices of companies moving data from the European Union to the United States are now under scrutiny. The privacy activist group noyb, headed by Mr. Schrems, has filed complaints against 101 websites which it alleges are still sending data in the absence of the Privacy Shield and without the measures required by the EU’s General Data Protection Regulation. In bringing its legal complaints, nyob…

On July 24, 2020, the European Data Protection Board (the “EDPB”) published Frequently Asked Questions (the “FAQs”) on the judgment of the Court of Justice of the European Union (the “CJEU”) in the Schrems II case (case C-311/18).   In its judgment, handed down on July 16, 2020 (ACS Blog Summary) the CJEU upheld the validity of the Standard Contractual Clauses (the “SCCs”) the European Commission issued to support the lawful transfer of personal data to data processors outside of the EU.  At the same time, it struck down the EU-U.S. Privacy Shield framework. The FAQ responds to some of the many questions the Schrems II ruling raises: The decision allows for no grace period for companies that relied on the EU-U.S. Privacy Shield framework. According to the EDPB,…