Earlier this month, the European Commission announced that it has adopted “two sets of standard contractual clauses, one for use between controllers and processors and one for the transfer of personal data to third countries.” The new SCCs take into account new requirements under the General Data Protection Regulation as well as the Court of Justice’s Schrems II opinion.
Last week, Didier Reynders, European Commissioner for Justice, and Dr. Andrea Jelinek, Chair of the European Data Protection Board (EDPB), appeared at a hearing conducted by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, and updated committee members on their work since the Schrems II decision.
In his remarks, Mr. Reynders identified three main areas on which the Commission is focusing.
Countless businesses export data from the European Union to the United States. Does your human resources office have information on European employees? The sales department information on European clients? That is personal data. The question is if data exports can continue in the wake of the Court of Justice of the European Union’s (CJEU) ruling in the “Schrems II” case.
The EDPB’s FAQs resolve some open questions, such as whether there will be a grace period for companies relying on Privacy Shield, but raise other questions, such as what “supplementary measures” companies need to put in place to use Standard Contractual Clauses and Binding Corporate Rules.
In the wake of the Court of Justice of the European Union’s Schrems II judgment, on July 23, 2020, the European Data Protection Board (EDPB) adopted a Frequently Asked Questions document to “provide initial clarification and give preliminary guidance to stakeholders on the use of legal instruments for the transfer of personal data to third countries, including the U.S.” The EDPB stated that the document will be updated, and further guidance provided, as it continues to examine and consider the judgment. The six-page FAQs provides the following guidance.
In a ground-breaking opinion issued today, the Court of Justice of the European Union invalidated the EU-US Privacy Shield Decision as a method for transferring personal data from the EU to the US. In short, the Decision was invalidated over Privacy Shield’s failure to adequately address US government surveillance activities.
Britain’s National Police Chief’s Council has announced that there are 640 more armed officers than this time last year. The increase has been largely financed by a £143 million Home Office program with forces paying for additional officers.