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ARTICLE · 04 SEPTEMBER 2020

EDPB's FAQ About The Invalidation Of The Privacy Shield

ELVINGER HOSS PRUSSEN, société anonyme
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On 23 July 2020, the European Data Protection Board ("EDPB") released a set of questions (the "FAQ") posed by European supervisory authorities regarding the implications

LuxembourgPrivacy

What happened?

On 23 July 2020, the European Data Protection Board ("EDPB") released a set of questions (the "FAQ") posed by European supervisory authorities regarding the implications of Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems ("Schrems II ") ruled on 16 July 2020 by the Court of Justice of the European Union ("CJEU").

What happened previously ?

In the Schrems II ruling, the CJEU invalidated the EU-U.S. Privacy Shield Framework, which allowed personal data transfers to more than 5,000 data recipients located in the United States of America ("U.S."). The CJEU ruled that the Privacy Shield did not provide data protection standards essentially equivalent to those required under EU law, in particular under the General Data Protection Regulation (EU) 2016/679 ("GDPR"). ( click here to see our publication)

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