New Zealand’s Data Protection Authority has offered its take on the Schrems II ruling that invalidated EU-U.S. Privacy Shield.

“The Schrems litigation has again sent international shock waves in striking down a key EU/U.S. arrangement designed to facilitate data flows known as the Privacy Shield.”

“The decision does not directly affect transfers of data from the EU to New Zealand because such transfers are conducted on the basis of the adequacy decision in place.”

“But the influence of this decision on international data transfers more generally is likely to be significant and we will be monitoring developments in this area and its impact on international consensus building.”

“New Zealand will also be considering the decision in Schrems II as it develops model contract clauses under the new Privacy Act 2020 coming into force on 1 December 2020 and imposing limits on international transfers of personal information.”

“One way to comply with the new cross border transfer requirements will be by adopting model contract clauses to safeguard personal information when disclosing it to a foreign counterpart or business.”

Details from New Zealand’s Privacy Commissioner.

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