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On July 16 2020, in the long-awaited Schrems II decision, the Court of Justice of the European Union (CJEU) ruled on two points, declaring (i) invalid the Privacy Shield, a self-certification mechanism allowing US companies to comply with the European personal data protection standards and to receive such data from the European Union and (ii) valid the Standard Contractual Clauses of the European Commission to govern transfers of personal data to any non-European country, while imposing, however, a prior analysis of the legal framework of the recipient country. The Schrems II decision therefore implies that any company transferring personal data, whether to the United States or to another non-European country, must promptly review the conditions of these transfers, as no grace period has been provided for.
Please click here to read Schrems I, Schrems II, …: End of Season 2, Beginning of Season 3?, originally published in the October 2020 edition of Revue Internationale de la Compliance et de L'Éthique des Affaires (commentary No 188), which explains with a touch of humor the ins and outs of the Schrems decisions in the form of a TV series.
Authored by Julie Schwartz.