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The CJEU judgment in the Schrems II case

15-09-2020

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on ...

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on SCCs must ensure that the data subject is granted a level of protection essentially equivalent to that guaranteed by the General Data Protection Regulation (GDPR) and the EU Charter of Fundamental Rights (CFR) – if necessary with additional measures to compensate for lacunae in protection of third-country legal systems. Failing that, operators must suspend the transfer of personal data outside the EU.