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EU-U.S. Privacy Shield Invalidated by European Court of Justice
 
Standard Contractual Clauses Upheld but Transfers Subject to Enhanced Scrutiny
 

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its judgment in the so-called “Schrems II” case (click here for the decision and here for the accompanying press release). The Court concludes that (i) the EU-U.S. Privacy Shield program (“Privacy Shield”) does not provide adequate safeguards and the European Commission’s adequacy decision which facilitates the ability of participating companies to transfer personal data from the European Union (EU) to the United States is invalid; and (ii) Standard Contractual Clauses (SCCs) remain a valid mechanism for such transfers, although a case-by-case evaluation of their sufficiency may be required by local data protection authorities as well as controllers and processors. More >

 
 
For additional information, please contact:
 
    Kevin Coy
Partner, DC Office
202.677.4034
kevin.coy@agg.com
        Montserrat C. Miller
Partner, Atlanta Office
404.873.8768
montserrat.miller@agg.com
             
    Erin E. Doyle
Associate, Atlanta Office 
404.873.8538
erin.doyle@agg.com
     

The information presented provides a general summary and/or recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice.
 
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