Schrems II: A Global Update

A two-minute global status update two and a half months after the Schrems II judgment of the CJEU: we are still in the dark, but there is hope for light at the end of the 2020 tunnel. Here are the main events since the judgment:

1. Desperately Seeking Guidance: We are still waiting for definitive guidance from the EDPB, which issued FAQs setting out a clear summary of the judgment but did not offer much in terms of practical advice or an outlook for a stable framework to transfer personal data outside the European Union.
2. Germans Not Wasting Time: Unable to wait for the EDPB, a German state data protection authority (the Baden-Württemberg Commissioner for Data Protection and Freedom of Information) issued concrete guidance which, while not binding on other authorities, may inspire others to do the same. In a bold move, it also gives recommendations for a revised set of standard contractual clauses (SCCs).