Invalidation of the "Privacy shield": the CNIL and its counterparts are currently analysing its consequences

17 July 2020

The Court of Justice of the European Union handed down a major ruling invalidating the so-called "Privacy Shield" for the transfer of data between the European Union and the United States. The CNIL and its counterparts, assembling within the European Data Protection Board, are currently conducting a precise analysis of the judgment in order to draw the consequences as soon as possible.

The Court of Justice of the European Union (CJEU) handed down yesterday morning a major ruling on the data transfer regime between the European Union and the United States in the so-called "Schrems II" case.

The CJEU invalidated the "Privacy Shield" adequacy decision, adopted in 2016 by the European Commission following the invalidation of the "Safe Harbor", which allowed the transfer of data between the EU and US companies adhering to its data protection principles.

The CJEU also validated the standard contractual clauses allowing the transfer of data from the European Union to importers established outside the European Union.

Beyond the summary shared by the CJEU in its press release, the CNIL is currently conducting a precise analysis of the judgment, together with its European counterparts assembled within the European Data Protection Board. This joint work aims at drawing conclusions as soon as possible on the consequences of the ruling for data transfers from the European Union to the United States.

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