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ARTICLE · 22 JULY 2020

Transatlantic Transfers Of Personal Data: Time For Re-evaluation Of The Dataflow

Withers LLP
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On 16 July 2020, the Court of Justice of the European Union (CJEU) declared the Privacy Shield – one of the legal mechanism...

European UnionPrivacy
Yancho Yanchev
Yancho Yanchev
Alice Meggiorin
Alice Meggiorin
Nicola Culliton
Nicola Culliton
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On 16 July 2020, the Court of Justice of the European Union (CJEU) declared the Privacy Shield – one of the legal mechanism that allows the lawful transfer of personal data from the European Economic Area (EEA) to the United States of America (US) – invalid on the basis that it is not providing ‘essentially equivalent' protection of personal data. In the same ruling, the CJEU upheld but qualified the use of Standard Contractual Clauses (SCCs) that are another mechanism allowing lawful transfers to the US.

Reliance on Privacy Shield

From an EEA-perspective the CJEU's decision means that (the legal act establishing) Privacy Shield is null and void with immediate effect.

EEA business should:

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