Europe’s highest court will soon deliver a judgement on the 'Schrems II' case that could see the controversial Privacy Shield accord between the EU and the U.S. struck down.
With the Privacy Shield under fierce criticisms, there is now consideration for the European Commission to grant “adequacy” to an individual US state – California with it's CCPA.
Without serious privacy reform and a federal law in the US, it may not be possible to draft a Privacy Shield framework that survives another round in the EU court system.
It appears that for some, including the biggest names in tech, the possibility of pulling out of Europe over the new Schrems data transfer requirements is not entirely off the table.
Improvements to the first Privacy Shield include better data retention provisions and independent Ombudsman, but Data Protection Authorities still cautious.
In a landmark decision for the EU-US data transfer regime, the European Court has struck down the EU-US Privacy Shield but given respite to Standard Contractual Clauses.
Max Schrems, chairperson of noyb, has directed his organization to file over 100 privacy complaints against major businesses engaging in data transfers with the US.
New Schrems privacy case could affect how global corporations carry out cross-border data transfers which may cause global trade and data flows to come to a halt.
U.S. doing an “adequate” job for Privacy Shield but could be doing more to protect the data transfer of EU users, including reform of the FISA regulations.