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.