Transferring Personal Data To US After EU Top Court Ruling

Law360 (July 20, 2020, 6:30 PM EDT) -- On July 16, the Court of Justice of the European Union handed down its highly anticipated judgment in a case brought by privacy activist Max Schrems.[1]

The case concerned transfers of personal data of European Union citizens outside the EU under the General Data Protection Regulation. One of the mechanisms for transfer to the U.S., the EU-U.S. Privacy Shield, was invalidated by the CJEU. Another mechanism, the use of standard contractual clauses, or SCCs, was in principle upheld, but the CJEU explained that the SCCs can be relied on only in certain circumstances.

A bold question mark was put on whether...

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