Standard Contractual Clauses and EDPB Recommendations

The European Data Protection Board (EDPB), a collective of representatives from European data privacy regulators, published important recommendations on the Schrems II judgment, the seismic European decision that invalidated the EU-US Privacy Shield and called into question the continuing viability of personal data transfers from the EU and UK to third countries, particularly the US. 

The Recommendations provide a useful tool to assess the legality of cross border transfers, and they hold out the prospect for a more uniform approach among EU regulators (even potentially for the UK post-Brexit), but they embrace a restrictive approach on data transfers to the US, which multinational companies will need to address.

In this article for Bloomberg Law, attorneys Michael Bahar, Lorna Doggett and Tanvi Shah discuss the legal framework and pitfalls surrounding cross-border data transfers, and how best to strategically navigate them.

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