The PrivacyPerfect Solution for Schrems II

On the 16th of July 2020, the Court of Justice of the European Union invalidated the EU-US Privacy Shield in the Schrems II case, making most EU-US data transfers illegal overnight. The Court has also provided clarification on some extensive hurdles for using its most obvious alternative, Standard Contractual Clauses (SCC). 

With 88% of organisations sharing data outside the EU relying on model contracts to ensure safe processing. The EDPB further highlighted that the Schrems II judgment applies to other transfer mechanisms as well, making  the load on organisations even heavier.

In response to the case, on 11 November 2020, The European Data Protection Board (EDPB) announced that it had adopted two recommendations. One with a step-by-step plan and measures that supplement transfer tools such as SCC to ensure compliance with the EU level of protection of personal data. The other on European Essential Guarantees (EEGs) - standards to ensure that national surveillance measures would not inappropriately impede upon the rights to privacy during international data transfers.