Tagged schrems

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Standard Contractual Clauses At Risk After Schrems II Decision

Following the upheaval caused by the invalidation of the Safe Harbour agreement by the Court of Justice of the European Union (CJEU) in the 2015 Schrems Case (Schrems I) (see our previous blog post here), the use of standard contractual clauses (SCCs) has become the favoured method of enabling personal…

EU Commission publishes amendments to law to ensure lawfulness of international data transfers after Schrems

Last month, the European Commission (Commission) published two Commission Implementing Decisions (Decisions) which amend two existing adequacy decisions that were held to be illegal following the European Court of Justice’s ruling in the Schrems case on standard contractual clauses (SCCs) and transfers to so-called ‘white listed’ countries (countries outside the European…

Privacy Shield challenged in EU courts

Privacy advocacy groups in Ireland and France have filed legal challenges calling for the Privacy Shield agreement to be annulled, shortly after it was introduced. Since Privacy Shield was adopted in July 2016, hundreds of companies have signed up to the data transfer scheme. Privacy Shield was created to replace…

Model Clauses: EU puts forward proposals for ensuring lawfulness after Schrems

Commission aims to save Model Clauses. At October’s Article 31 Committee meeting, the European Commission (Commission) presented two draft Commission Implementing Decisions (Draft Decisions). The Draft Decisions aim to “cure the illegality” of the existing adequacy decisions on standard contractual clauses (Model Clauses) and countries where the Commission has made…

EU-US Privacy Shield now in place

The European Commission has adopted the adequacy decision to replace Safe Harbor. Privacy campaigners are not satisfied and it may still be challenged. On 12 July 2016, the European Commission adopted a decision to make data transfers from the EU to US companies easier. The previous “Safe Harbor” regime, based…

Schrems again? Model clauses under threat

Having already brought down Safe Harbor, Max Schrems is now causing the most attractive alternative for EU-US data transfers be examined by the CJEU Following the successful invalidation of Safe Harbor by the Court of Justice of the European Union (CJEU) in the Schrems case, companies transferring data from the…