October 23, 2021

Volume XI, Number 296

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October 22, 2021

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October 21, 2021

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2020 In Review: Dealing With Schrems II Fallout

As 2020 comes to a close, we take this opportunity to look back at some of the more significant developments that we discussed in the blog this year. The first is the EU Court of Justice’s Schrems II decision, finding that the EU-U.S. Privacy Shield was not a valid mechanism for transferring personal data from the EU to the U.S. Related decisions came out of Switzerland and Israel.

As a result of that decision, companies transferring data between the EU and the U.S. have had to rely on Standard Contractual Clauses, along with “additional steps” to make sure there are sufficient safeguards in place to protect the transferred data. The European Data Protection Board has, as we wrote, provided input on what might constitute such additional measures. Companies are working through this now, and anticipating changes that will be made to the SCCs themselves next year.

Putting It Into Practice: The issue of data transfers from the EU to the U.S. was one of many developments from 2020 that we anticipate reverberating well into next year.

Copyright © 2021, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume X, Number 356
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About this Author

Liisa Thomas, Sheppard Mullin Law Firm, Chicago, Cybersecurity Law Attorney
Partner

Liisa Thomas, a partner based in the firm’s Chicago and London offices, is Co-Chair of the Privacy and Cybersecurity Practice. Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.” Liisa is the author of the definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, which has been described as “a no-nonsense roadmap for in-house and...

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