U.S. Government Releases White Paper on Schrems II Decision

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The U.S. Department of Commerce, Department of Justice, and Office of the Director of National Intelligence have prepared a White Paper providing a detailed discussion and analysis of the July 16th Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Schrems II) decision from the Court of Justice of the European Union (CJEU). The White Paper, available here, focuses on providing information to companies involved in the transfer of personal data from the European Union to the United States. As we previously discussed here, the judgment upholds the use of Standard Contractual Clauses but only in certain circumstances, and finds that the EU-U.S. Privacy Shield is an invalid mechanism for transferring personal data from the EU to the U.S. under the General Data Protection Regulation (GDPR).

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