Is Storing Data In The Cloud Or The Use Of Web-Based Apps Non-Compliant After Schrems II?

Most, if not all organisations using state-of-the-art technologies in business or other processes transfer personal data to countries outside of the European Union and the European Economic Area (third countries).

Many are already aware that it is mandatory to provide appropriate safeguards for such transfers as the Court of Justice of the European Union (CJEU) emphasised in the so-called Schrems II (1) decision on 16 July 2020, invalidating one of the most commonly used mechanisms for transferring personal data to the United States of America (U.S.)-the European Commission's (Commission) decision 2016/1250 on the adequacy of the level of protection for the transmission of data to the U.S. or the so-called "Privacy Shield".