Cross-border data transfers

Schrems II – The CJEU Leaves Us With More Questions Than Answers

David Smith

Immediately following the landmark decision of the CJEU in Schrems II on 16 July my colleague Nigel Parker discussed, in his blog, the decision and its likely implications for international data transfers. More recently Jane Finlayson-Brown has discussed The European Data Protection Board’s (EDPB) FAQs on the judgment. I am now adding some further thoughts Read More

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Schrems II – EDPB FAQs response

Jane Finlayson-Brown

Further to last week’s landmark decision by the Court of Justice of the European Union (CJEU) in Case -311/18 Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (Schrems II) invalidating the EU-US Privacy Shield data transfer mechanism, European data protection regulators have been discussing their response and EU data exporters have been waiting. Read More

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CJEU invalidates EU-US Privacy Shield framework and upholds EC Standard Contractual Clauses

Nigel Parker

On 16 July 2020, the Court of Justice of the European Union (the CJEU) issued a landmark decision in Case C-311/18 Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (commonly referred to as Schrems II). The CJEU invalidated the European Commission’s (the EC) adequacy decision on the EU-US Privacy Shield and upheld the general Read More

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Schrems II : What Might We Expect on 16 July?

David Smith

Thursday 16 July promises to be a red letter day in the data protection world, at least for those of us with an interest in international transfers of personal data. This is when the Court of Justice of the European Union (CJEU) has said that it will announce its long awaited decision in the Schrems Read More

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Data Protection and Brexit – Prospects for UK Adequacy

David Smith

Last week, the UK Parliament passed the European Union (Withdrawal Agreement) Bill (see our recent publication regarding the key provisions of the Bill). Following Royal Assent, the European Union (Withdrawal Agreement) Act 2020 now gives effect, in the UK, to the EU Withdrawal Agreement, as negotiated with the EU and including the transition period to Read More

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CJEU Pokes Facebook – SCCs in Need of a Status Update

Benjamin Scrace

The Court of Justice of the European Union (CJEU) heard oral submissions on Tuesday regarding the validity of standard contractual clauses (SCCs) in Facebook Ireland & Schrems (Case C-311/18) (“Schrems II”). The Advocate General’s non-binding opinion (to be released in December 2019) will be analysed closely – SCCs underpin international transfers (not just to the Read More

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