Data Privacy in the U.S. and EU After Schrems II: Ensuring Compliance With Data Transfers Between the EU and U.S.

This CLE course will guide counsel on the Schrems II decision and what it means for both U.S. and EU companies. The panel will discuss how the decision will impact global data transfers and data transfer mechanisms. The panel will offer practical steps for businesses to consider.

In Schrems II, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield Framework, concluding that U.S. laws do not ensure an adequate level of protection for EU personal data. While the level of protection need not be identical, it must be essentially equivalent to the protections provided under EU law, and the CJEU determined that the Privacy Shield did not meet this standard.

The Schrems II decision impacts all companies that transfer personal data to the U.S. from the EU using the Privacy Shield Framework and Standard Contractual Clauses (SCCs). Although the Privacy Shield was invalidated, SCCs remain a valid transfer mechanism, but are subject to additional requirements. As a result, these companies must adapt their processes and procedures to ensure compliance with the General Data Protection Regulation and avoid penalties.

Listen as our authoritative panel discusses the Schrems II decision and the practical impact it is having on both U.S. and EU companies. The panel will discuss how the decision is impacting global data transfers and data transfer mechanisms. The panel will share their practical experience of how businesses are addressing these difficult issues.