On July 16, 2020, the ECJ issued a ruling in the Schrems II case that has far-reaching consequences for international data transfers:
The European Data Protection Board “EDPD/EDSA” announces in its FAQs, as of July 23, 2020, that it will provide guidance on the complementary measures for SCC. These could be legal, technical or organizational measures. For the USA, according to the ECJ’s findings, only measures that technically prevent access by the US authorities without a legality check in accordance with the principles of the GDPR or that give the data subjects the opportunity to seek effective legal protection in the USA should be considered.
Following the EDPD/EDSA, the following recommendation currently exists for dealing with data transfers to third countries:
We are happy to support you, e.g. with the
We will provide you with further information on the implementation of the ECJ ruling “Schrems II” in third countries, in particular in the USA, in our 2 webinar series, in German together with the experts from KPMG AG Wirtschaftsprüfungsgesellschaft and in English together with our lawyer colleagues from Nelson Mullins Riley & Scarborough LLP in the USA, as well as with our lawyer colleagues from other countries, planned for the end of August 2020.
Head of Global Compliance Practice
KPMG Law EMA Leader
tel: +49 211 4155597123
Specialist lawyer for IT law
79100 Freiburg im Breisgau
tel: +49 761 769999-20
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