EU Court Of Justice Invalidates EU-US Privacy Shield, Now What?

Fox Rothschild LLP

Fox Rothschild LLP

The Court of Justice of the European Union (CJEU), in its decision in the Schrems II case, has invalidated the EU-U.S. Privacy Shield method for cross-border transfer of personal data from the European Union to the United States, citing surveillance practices by U.S. public authorities and inadequate legal recourse to EU individuals.

Standard Contractual Clauses remain alive, but an obligation is imposed on those who control/transfer data to ensure that the legal regime in the relevant destination is such that it allows the transferee to comply with the contractually obligations imposed by the clauses.

The U.S. Department of Commerce responded:

“We have been contact with the European Commission and European Data Protection Board on this matter and hope to be able to limit the negative consequences to the $7.1 trillion transatlantic economic relationship that is so vital to our respective citizens, companies, and governments. Data flows are essential not just to tech companies—but to businesses of all sizes in every sector,” said U.S. Secretary of Commerce Wilbur Ross about the CJEU decision in the Schrems II case invalidating the EU-U.S. Privacy Shield transfer mechanism.

“The Department of Commerce will continue to administer the Privacy Shield program, including processing submissions for self-certification and re-certification to the Privacy Shield Frameworks and maintaining the Privacy Shield List. Today’s decision does not relieve participating organizations of their Privacy Shield obligations.”

Read the press release from the Court of Justice.

Read the full Department of Commerce statement.

[View source.]

Written by:

Fox Rothschild LLP

Fox Rothschild LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.