Ireland Update – Data Privacy – International Data Transfers

Introduction

In our October 2020 advisory, we highlighted the uncertainty in respect of data transfers between the EU and UK from the end of the Brexit transition period on 31 December 2020 (the "Transition End Date").

Against this backdrop, there have been a number of developments in recent weeks with regard to the obligations of EU-based organisations transferring data to third countries. These developments include the publication of new draft measures from the European Data Protection Board (the "EDPB") and the EU Commission which should be considered in tandem and are detailed below.

Background

The Court of Justice of the European Union (the "CJEU"), in its July "Schrems II" decision, struck down the US Privacy Shield mechanism and found that the European Commission's standard contractual clauses ("SCCs"), in their current form, continue to be a valid mechanism for the transmission of personal data outside the EEA. SCCs seek to contractually ensure