Exchanges of Personal Data After the Schrems II Judgment

The European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs in July 2021 has published the study on the Exchanges of Personal Data After the Schrems II Judgment.

The study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines reforms to the legal framework for the exchange of personal and other data between the EU and the USA that would be necessary to ascertain that the requirements of EU law are satisfied and that the rights of EU citizens are respected, following the Schrems II judgment of the EU Court of Justice.

BACKGROUND:
On 16 July 2020 the Court of Justice of the European Union (CJEU) invalidated the Commission Decision 2016/1250 on the adequacy of the protection provided by the EU-US “Privacy Shield” agreement, concerned US government surveillance powers are not limited as required by EU law, and that EU persons do not have effective means of redress. The judgment upheld the validity of standard contractual clauses to allow data transfers under the General Data Protection Regulation (GDPR), but requires data controllers to assess the level of data protection in the recipient’s country and to adopt “supplementary measures” if needed.

In this context the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) requested this study on reforms to the legal framework for the exchange of personal and other data between the EU and the USA to ensure EU law requirements are satisfied and EU citizens’ rights are respected.

AUTHORS:

• Ian BROWN, Visiting CyberBRICS professor at Fundação Getulio Vargas (FGV) Law School in Rio de Janeiro, Brazil
• Douwe KORFF, Emeritus Professor of International Law, London Metropolitan University, UK

LINK:
This study is available on the internet:

Exchanges of Personal Data After the Schrems II Judgment