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techUK responds to the Schrems II ruling

The ruling of the court creates a significant uncertainty for small businesses in the UK, US and EU.

The Court of Justice of the European Union (CJEU) has issued a ruling which has the effect of invalidating the US-EU Privacy Shield, an agreement between the EU and the US which facilitates the exchange of personal data.

The ruling also examined alternative transfer mechanisms such as Standard Contractual Clauses (SCC’s) and Binding Corporate Rules (BCRs). These mechanisms allow for the transfer of personal data outside the EEA beyond the EU’s adequacy framework. The CJEU upheld the validity of these alternative transfer mechanisms, a welcome outcome.

During the transition period the UK is bound by this ruling and therefore UK companies which make use of the Privacy Shield Agreement will be affected.

Responding to the ruling Julian David CEO of techUK said:

“Today’s ruling will create significant amount uncertainly particularly for smaller  US, UK and EU firms.

Now is a time for cool heads on both sides of the Atlantic. The focus now must be on providing certainty in the near term through a grace period and quickly returning to the negotiating table to build a durable and sustainable solution, creating a dependable regulatory environment for the transfer of data that can support business and innovation”.

This is the second time a data sharing regime between the EU and the US has been struck down by the CJEU in less than five years, following the striking down of the Safe Harbor agreement in 2015.”

 

Channel website: http://www.techuk.org/

Original article link: https://www.techuk.org/insights/news/item/18151-techuk-responds-to-the-schrems-ii-ruling

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