Guide on international data transfers – Drawing on the Schrems II Case

On 16 July 2020, almost five years after the Safe Harbour Agreement between the European Union and United States was ruled invalid, the Court of Justice of the European Union delivered a judgment on the C-311/18 case (the Schrems II case) also invalidating the Privacy Shield adopted to replace the former Agreement.

Conversely, the CJEU has ruled that Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors is in fact valid.

Recognised as one of the most critical data protection rulings delivered by the CJEU in recent years, the judgment poses significant questions to those who transfer personal data outside of the European Economic Area and for the digital economy, calling for a robust framework to be able to respond to such uncertainty.

Our TMC / Data protection team has prepared a short guide analysing this relevant topic.