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European Commission issues draft on Standard Contractual Clauses

A day after the European Data Protection Board (EDPB) issued its recommendations on supplementary measures, on November 12th the European Commission issued a draft on implementing new Standard Contractual Clauses (SCCs) for data transfers to non-EU countries (third countries). The draft is open for feedback until December 10th, 2020, and includes a 12-month transition period […]

Swiss Data Protection Commissioner: “Swiss-U.S. Privacy Shield not providing adequate level of Data Protection”

Following the recent ruling by the Court of Justice of the European Union (“CJEU”) the Swiss Data Protection Commissioner (“EDÖB”) published a statement concerning the level of Data Protection of Data Transfers under the Swiss-U.S. Privacy Shield. The “Schrems II” decision by the CJEU is not legally binding in the Switzerland because Switzerland is neither […]

U.S. Commerce Department publishes FAQs on EU-US Privacy Shield

The U.S. Commerce Department has released a frequently asked questions page (FAQ) with regards to the EU-US Privacy Shield, following the latest decision of the Court of Justice of the European Union (CJEU) in the Schrems II case. The FAQ consists of five questions which revolve around the situation after the invalidation of the Privacy […]

CJEU judges the EU-US Privacy Shield invalid

On June 16th, 2020, the Court of Justice of the European Union (CJEU) has declared the invalidity of Decision 2016/1250, therefore rendering protection granted to data transfers under the EU-US Privacy Shield inadequate. The background The case originated in a complaint of Mr. Max Schrems against Facebook Ireland regarding the transfer of his personal data […]

Transatlantic Data Transfers in light of the Two Year Anniversary of GDPR Application

In the last two years since the General Data Protection Regulation (GDPR) came into effect on May 25, 2018, it has received an overall positive feedback and structured the data protection culture not only in the European Union, but has set an example for international privacy standards. However, especially from the American side of the […]

Advocate General releases opinion on the validity of SCCs in case of Third Country Transfers

Today, Thursday 19 of December, the European Court of Justice’s (CJEU) Advocate General Henrik Saugmandsgaard Øe released his opinion on the validity of Standard Contractual Clauses (SCCs) in cases of personal data transfers to processors situated in third countries. The background of the case, on which the opinion builds on, originates in the proceedings initiated […]

Hearing on the legal challenge of SCC and US-EU Privacy Shield before CJEU

On Tuesday last week, the European Court of Justice (CJEU) held the hearing on case 311/18, commonly known as “Schrems II”, following a complaint to the Irish Data Protection Commission (DPC) by Maximilian Schrems about the transfer of his personal data from Facebook Ireland to Facebook in the U.S. The case deals with two consecutive […]

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