On 3 December, an article from Hodgson Russ LLP reported that the US Department of Commerce issued recently a white paper addressing international data transfers pursuant to Standard Contractual Clauses (SCC) following the CJEU invalidation of the Privacy Shield in July. The white paper addresses some of the issues with government access to data that the CJEU found problematic. Overall, it says, the white paper provides useful material to companies relying on SCC. It discusses the relevant law and has a number of citations to source documents that provide additional relevant information. The guidance also suggests ways that companies can strengthen their SCC to demonstrate that an individual assessment of privacy protections has occurred.
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