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EU-U.S. DATA TRANSFERS POST SCHREMS II

In July, the EU-US Privacy Shield was invalidated by the Court of Justice of the European Union (the Court) (see our prior alert). While the Court upheld the Standard Contractual Clauses (SCC’s) as a sufficient transfer mechanism, it indicated that supplementary measures, to address inadequate privacy protections of some foreign jurisdictions, might be necessary, requiring a case-by-case assessment.

Since that time, the U.S. Department of Commerce has spoken out about the legal basis for cross-border data transfers, the European Data Protection Board (the EDPB) has provided guidance on supplementary measures and now the SCC’s have been updated by the European Commission (the Commission), and remain subject to a public comment period through December 10th, 2020.

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