US-EU DATA TRANSFERS: THE NEED FOR CLARITY AFTER SCHREMS II

An article in Lawfare on 30 September said that on 28 September, the US Government issued a white paper: “Information on US Privacy Safeguards Relevant to SCC and Other EU Legal Bases for EU-US Data Transfers After Schrems II”.  This provided detailed information about US privacy standards governing foreign intelligence collection.  The article reviews the background to the situation affecting data exchanges between the US and EU, and calls for good-faith efforts to bridge the respective data protection regimes once again — and to provide the legal clarity and certainty essential to transatlantic commerce and cooperation.

https://www.lawfareblog.com/need-clarity-after-schrems-ii

The white paper is available at –

This claims that, as a practical matter, for many companies the issues of national security data access that appear to have concerned the ECJ in Schrems II are unlikely to arise because the data they handle is of no interest to the US intelligence community.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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