There is no doubt that SME’s will be hardest hit by this decision. Our right to privacy does come with a cost and this case certainly adds additional layers of complexities and costs. We will likely see a shift towards what is known as “data localisation”, meaning keeping personal data of EU residents in the…
Key takeaways from the case: 1. Privacy Shield can no longer be relied as a basis to transfer data to the US. Urgent replacement framework required again! US Governments approach is seen as disproportionate to its goals and that no sufficient redress for individuals to challenge the government actions exist. 2. SCC’s are still valid…
The use of Standard Contractual Clauses (SCC’s) is an extremely common legal mechanism for transferring personal data outside the EU while staying on the right side of GDPR. Some may recall a preliminary reference made by the Irish High Court to the CJEU on foot of a challenge brought by Austrian privacy activist Max Schrems…