Schrems II: The CJEU Declares EU-U.S. Privacy Shield Invalid, Upholds the SCCs and Calls on 27 Supervisory Authorities to Ensure Their Compliance
July 17, 2020
In a highly-anticipated landmark judgment handed down on July 16, 2020, the Court of Justice of the European Union in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems has:
- invalidated the European Commission Decision 2016/1250 on the adequacy of the protection provided by the EU-U.S. Data Protection Shield (the “EU-US Privacy Shield”) for transfer of personal data from the EU to entities certified under the mechanism located in the United States;
- upheld the European Commission Decision 2010/87 on standard contractual clauses for the transfer of personal data to processors established outside the EU (the “SCCs”); and
- reminded that a transfer of data based on SCCs may be challenged before the competent supervisory authority, which has to “suspend or prohibit”, on a case-by-case basis, any such transfer when, in its view, the SCCs “are not or cannot be complied with.”
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