European Commission publishes new draft Standard Contractual Clauses for consultation

Hot on the heels of the EDPB’s guidance on ‘supplementary measures’ with respect to international data transfers as a result of the Schrems II judgment (for further details see our blog post here), the European Commission has now published its long-awaited draft new Standard Contractual Clauses (the “New SCCs”) for consultation. Legal Background Chapter V … Read more

EDPB ISSUES SCHREMS II GUIDANCE ON ENSURING COMPLIANCE FOR DATA TRANSFERS

The Schrems II judgment from the Court of Justice of the European Union (read our blog post here) raised the bar for transfers of personal data to third countries by making clear that where Standard Contractual Clauses (“SCCs”) are being used, a level of due diligence needs to take place before any transfer can be … Read more

German Regulator Publishes Schrems II ‘Checklist’

The Baden-Württemberg data protection authority (“LfDI”) has issued guidance to controllers and processors following the Schrems II judgement.  The guidance includes helpful, practical tips which entities can take with respect to their current and future international transfers. Whilst aimed primarily at organisations subject to the jurisdiction of the LfDI, the guidance may be helpful for … Read more

SCHREMS II FALLOUT CONTINUES: NEW SCCS AND EDPB GUIDANCE COMING SOON

On 3 September 2020, members of the European Parliament together with Max Schrems, the Commissioner for Justice and the Chairwoman of the European Data Protection Board (“EDPB”) met to discuss the future of EU-US data transfers in light of European Court of Justice’s (“ECJ”) decision in Schrems II. Read more

Schrems II: Reaction from European Regulators and Technology Companies Suggest an Uncomfortable Road Ahead for Transatlantic Data Transfers

To recap, last week, the European Court of Justice (“ECJ”) ruled that the Privacy Shield is invalid and placed significant emphasis on the due diligence which exporting controllers, recipients and supervisory authorities are expected to undertake in relation to transfers of personal data to third countries which are governed by the Standard Contractual Clauses (“SCCs”).  … Read more