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ARTICLE · 12 AUGUST 2020

CJEU Declares Privacy Shield Invalid - Consequences For The M&A-Practice

On July 16, 2020 the CJEU passed a ground-breaking ruling on Privacy Shield and standard contractual clauses, which will have a significant impact on international data transfer, particularly on data transfer ...

European UnionPrivacy

On July 16, 2020 the Court of Justice of the European Union (CJEU) passed a groundbreaking ruling on Privacy Shield and standard contractual clauses, which will have a significant impact on international data transfer, particularly on data transfer between the USA and the Federal Republic of Germany. In particular, the ruling means that the transfer of personal data to the USA is no longer possible on the basis of certification in accordance with the Privacy Shield.

However, the CJEU has confirmed standard contractual clauses, while pointing out the guarantees and obligations of the contractual partners under the standard contractual clauses.

Key Facts

  • The transfer of personal data to a country outside the European Union is in principle only permitted if this country offers an adequate level of data protection and the European Commission has determined this in a so-called adequacy decision.

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