Skadden Discusses Schrems II: Court Strikes Down EU-U.S. Privacy Shield

The CLS Blue Sky Blog

Stuart D. Levi Eve-Christie Vermynck

Stuart Levi, Eve-Christie Vermynck and Daniel Millard look at the Court of Justice of the European Union's July 16, 2020, decision striking down the EU-U.S. Privacy Shield as a valid mechanism for transferring personal data from the European Economic Area to the United States. Under the ruling, the European Commission Standard Contractual Clauses for data transfers remain valid, though they are subject to increased due diligence on the part of data exporters. It has not yet been announced whether a grace period will be given to companies whose data transfers are currently based on the Privacy Shield.