Standard Contractual Clauses

On November 12, 2020, somewhat in the shadow of the new standard contractual clauses for data transfers to recipients outside the European Economic Area, the European Commission also adopted draft standard contractual clauses to be used between controllers and processors in the EEA.
Continue Reading European Commission Releases Draft Standard Contractual Clauses for Article 28 Data Processing Agreements

On November 12, 2020, the European Commission published a draft implementing decision on standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR, along with its draft set of new standard contractual clauses. This blog entry provides key takeaways on the draft decision.
Continue Reading European Commission Publishes Draft of New Standard Contractual Clauses

On November 11, 2020, the European Data Protection Board published its long-awaited recommendations following the Schrems II judgement regarding supplementary measures that may be implemented to ensure the adequate protection of personal data when transferring the data to third countries.
Continue Reading EDPB Adopts Recommendations on Supplementary Measures for Data Transfers Following Schrems II Decision

On July 28, 2020, German supervisory authorities issued a statement reiterating the requirement for additional safeguards when organizations rely on Standard Contractual Clauses or Binding Corporate Rules for the transfer of personal data to third countries in the wake of the Court of Justice of the European Union’s invalidation of the Privacy Shield Framework.
Continue Reading Schrems II Update: German SAs Require Additional Safeguards for U.S. Transfers and Max Schrems Set to Challenge Facebook Data Transfers Again

On July 16, 2020, the Court of Justice of the European Union issued its landmark judgment in the Schrems II case, concluding that the Standard Contractual Clauses issued by the European Commission for the transfer of personal data to data processors established outside of the EU are valid. Unexpectedly, the Court invalidated the EU-U.S. Privacy Shield framework.
Continue Reading BREAKING: Unexpected Outcome of Schrems II Case: CJEU Invalidates EU-U.S. Privacy Shield Framework but Standard Contractual Clauses Remain Valid