US Data Transfers Post-Schrems – 4 Points To Note From EU Regulators' Statement

The Article 29 Working Party (“WP29”) – the collective body all of EU data protection regulators (“DPAs”) – has published a statement in reaction to the recent Schrems judgment. With Schrems triggering the end of the EU-US Safe Harbor arrangement, WP29 has called on DPAs to inform stakeholders and assist companies with on-going compliance.

The WP29 has confirmed that both the European Commission Standard Contractual Clauses and Binding Corporate Rules remain valid methods to transfer data to the US. However, DPAs may commence concerted investigation and enforcement in early 2016. We take a look at 4 points to note from this statement.

1. Implementing the judgment

WP29 has reiterated the need for EU DPAs to have a “robust, collective and common position” to successfully implement the Schrems judgment. The statement adopts the position that the core element to the Schrems decision was the issue of massive and indiscriminate surveillance – something WP29 has previ