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Ugh tilts the "Eu-Us-Privacy Shield" | Eu Standard Contract Clauses remain valid


In the long-awaited ruling "Facebook vs. Schrems" (ECJ C-311/18), the European High Court has now ruled that transferring personal data from the EU to the USA on the basis of the data processing agreement "EU-US Privacy Shield" (the successor to "Safe Harbor") is not permissible. However, the ECJ has confirmed that the EU standard contractual clauses are still valid, which is why they can theoretically still be used for EU-USA data transfers (see below for more details on this restriction).

The complete article is available here [in German].


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Johannes Juranek
Managing Partner
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Andreas Lichtenberger
Martin Rainer