Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 27 JULY 2020

Déjà-vu - Schrems Strikes Again: Privacy Shield Is Invalid

Gowling WLG
Gowling WLG
Contributor
Gowling WLG

Gowling WLG

The firm The firm’s lawyers speak English, French, Russian and Ukrainian. The firm’s client base...

View firm profile
Explore more from Gowling WLG

The Court of Justice of the European Union (CJEU) ruled on 16 July 2020 that the EU-US Privacy Shield is invalid as a mechanism for transferring personal data to third parties in the US.

United KingdomPrivacy
Jocelyn S. Paulley
Jocelyn S. Paulley
Rocio De La Cruz
Rocio De La Cruz
Claire Bradwell
Claire Bradwell
Author LinkedIn connections

What just happened?

The Court of Justice of the European Union (CJEU) ruled on 16 July 2020 that the EU-US Privacy Shield is invalid as a mechanism for transferring personal data to third parties in the US.

If that sounds all too familiar, that is because there was a similar decision five years ago when the previous EU-US transfer mechanism, known as the Safe Harbour Decision, was also found to be invalid.

The Information Commissioner's Office (ICO) is considering the CJEU's judgement to support organisations with international data flows. Watch this space for further guidance, and potentially an alternative scheme to replace the Privacy Shield. However, given the CJEU's comments about the ability of US intelligence agencies to harvest data through the sub-sea cables that form the backbone of the internet, we may not see a revitalised Privacy Shield for some time to come.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

ICO Cookie Crackdown 2.0: The ICO’s New Storage And Access Technologies Guidance

The UK Information Commissioner's Office has finalized its guidance on storage and access technologies, expanding compliance requirements beyond traditional cookies to include tracking pixels, device fingerprinting, and web storage. Organizations must now navigate stricter consent standards and three new narrow exceptions introduced by the Data (Use and Access) Act 2025, while facing significantly increased enforcement penalties of up to £17.5 million or 4% of annual worldwide turnover.
United KingdomPrivacy
ZwillGen
ZwillGen
Article

European Commission Press Release: EU AI Act Transparency Enforcement Starts This Sunday! Do You Know Who Your Chatbots Are? We Break Down The Commission’s Guidelines On Transparency Below

The European Commission has announced that EU AI Act transparency rules take effect August 2, 2026, requiring chatbots to identify themselves, deepfakes to be labeled, and AI-generated content to be marked. Organizations must assess whether their AI systems trigger disclosure, labeling, or content-marking requirements, with limited exceptions and penalties reaching €15 million or 3% of global turnover for noncompliance.
GlobalPrivacy
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

ICO Launches Consultation On Draft Guidance Regarding Anonymisation And Pseudonymisation For Research Purposes

The UK's Information Commissioner's Office has opened a public consultation on draft guidance addressing anonymisation and pseudonymisation techniques for processing personal data in research, archiving, and statistical contexts. The guidance explores critical distinctions between anonymous and pseudonymous data, outlines required safeguards under UK GDPR, and examines emerging technologies including synthetic data and privacy-enhancing tools.
United KingdomPrivacy
A&O Shearman
A&O Shearman
Article

ICO Consults On Draft Guidance On Anonymisation And Pseudonymisation For Research

The Information Commissioner's Office has launched a consultation on draft guidance addressing anonymisation and pseudonymisation for research, archiving and statistical purposes. This guidance provides critical insight into how organisations should apply data minimisation principles in modern research practices, including AI development, trusted research environments, and synthetic data generation.
United KingdomPrivacy
Burges Salmon LLP
Burges Salmon LLP
Article

What Is The Hansa? From The Hanseatic League To Modern Cooperation Models

The term "Hansa" has re-emerged in modern geopolitical discourse, most notably through the 2026 Germany-Norway defence cooperation framework. This article examines how the principles of the medieval Hanseatic League—flexible coordination, shared standards, and mutual benefit without centralization—are being adapted to address contemporary challenges in defence, security, and cross-border collaboration.
GlobalInternational Law
Gowling WLG
Gowling WLG
Article

Canada And The European Union Chart A New Course: Beyond CETA Toward A Strategic Economic Partnership

European Commission President Ursula von der Leyen has invited Canada to become the first associate member of the EU, with Prime Minister Mark Carney accepting the proposal to pursue an "Alliance for the Future." The partnership would build on existing bilateral agreements with Germany, Spain, and Italy, potentially enabling free flow of goods, services, and workers across strategic sectors including energy, critical minerals, artificial intelligence, defence, and advanced manufacturing.
GlobalInternational Law
Gowling WLG
Gowling WLG
Article

CBSA Anti-Dumping And Countervailing Duty Investigations: Truck And Bus Tires From China – What Producers, Exporters, And Importers Need To Know

Canada has initiated anti-dumping and countervailing duty investigations into truck and bus tires from China, with preliminary determinations expected by November 30, 2026. Producers, exporters, and importers—including companies from Korea, Japan, and Singapore with Chinese operations—face critical September and October deadlines to submit comprehensive responses or risk significantly higher duty rates.
CanadaInternational Law
Gowling WLG
Gowling WLG
Article

The Warranty Of Good Working Order: New Québec Consumer Protection Regulation Takes Effect October 5, 2026

Starting October 5, 2026, Québec will introduce a new statutory warranty of good working order for consumer goods such as appliances and electronics, with minimum warranty periods ranging from 3 to 6 years. The legislation imposes disclosure obligations on manufacturers and merchants while prohibiting any attempts to exclude or limit this warranty. Businesses operating in Québec must adapt their practices to comply with these consumer protection requirements or face potential compliance issues.
CanadaConsumer Protection
Gowling WLG
Gowling WLG
Article

Advance Income Tax Ruling Requests For “major Investments” In Canada To Take Priority

The Canada Revenue Agency has announced a new policy to prioritize advance income tax ruling requests for investments of $1 billion or more in Canada. This initiative aims to provide greater tax certainty and reduce risks for major investors, potentially accelerating large-scale project development and strengthening Canada's economic competitiveness. However, questions remain about implementation timelines and potential impacts on smaller ruling requests.
CanadaTax
Gowling WLG
Gowling WLG
Article

Understanding Canada’s new "Productivity Mega Deduction": Broad-based, immediate, and permanent expensing

Canada's new Productivity Mega Deduction promises to slash the marginal effective tax rate on business investment to just 6.4%, positioning the country as the most competitive G7 nation for capital deployment. This permanent tax incentive extends immediate expensing to roughly 65% of capital assets, fundamentally reshaping the economics of investing in Canadian operations across manufacturing, energy, technology, and resource sectors.
CanadaTax
Gowling WLG
Gowling WLG
Article

Peptides In Canada: Regulatory Reality Is Catching Up With The Hype

Health Canada's recent enforcement action against unauthorized injectable peptides signals a regulatory shift that wellness companies cannot afford to ignore. While peptides dominate influencer marketing and online wellness spaces, their legal status in Canada depends on factors far more complex than social media trends suggest. Understanding how route of administration, therapeutic claims, and market authorization intersect is now critical for compliance.
CanadaConsumer Protection
Gowling WLG
Gowling WLG