Schrems II: One year later

Today marks the first anniversary of the CJEU’s “Schrems II” ruling which invalidated the European Commission’s Privacy Shield adequacy decision concerning the transfer of data to the US.   Despite an urgent need to reach a deal on transatlantic data flows for economic and geopolitical reasons, few if any concrete results have been seen to date. As stressed earlier this year by European Commissioner Didier Reynders and Věra Jourová, Vice President of ...

Modernized SCCs adopted by the European Commission

Today, 4 June 2021, the European Commission adopted two sets of much-awaited standard contractual clauses (SCCs). The modernized SCCs mark an important step towards potentially increasing legal certainty in the complex and global data-driven economy. The new SCCs consider the Schrems II decision and the subsequent opinions of the Supervisory Authorities. A transition period of ...

The Case of Standard Contractual Clauses: The Irish Data Protection Commissioner & Max Schrems

“The supervisory authorities should have the power to prohibit or suspend a data transfer or a set of transfers based on the standard contractual clauses in those exceptional cases where it is established that a transfer on contractual basis is likely to have a substantial adverse effect on the warranties and obligations providing adequate protection ...