Jul 16 2020
Today, July 16, 2020, the EU’s top court, the Court of Justice of the European Union (CJEU), issued its highly anticipated decision in the Schrems II case. In doing so, CJEU has invalidated the EU-US Privacy Shield Framework and held that its prior decision regarding Standard Contractual Clauses (SCCs) remains valid. Following this decision, US businesses can no longer rely on the EU-US Privacy Shield Framework as a legal mechanism for transferring personal data from the European Economic Area (EEA) to the US. However, companies can still leverage the SCCs in certain instances. The decision highlighted the requirement to for the data exporter to ensure adequate levels of protections are in fact in place prior to transfers.