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Mishcon Academy: Digital Sessions - The Schrems II judgment and the future of free movement of data

Posted on 16 July 2020

Mishcon Academy: Digital Sessions are a series of online events, videos and podcasts looking at the biggest issues faced by businesses and individuals today.

The European Court of Justice has delivered a hugely significant decision which may shape the future of global trade. In this “initial reactions” session, Partner Adam Rose and Data Protection Advisor Jon Baines discuss the findings and the implications, which include:

  • The EU-US Privacy Shield arrangement for transferring personal data to the US is declared invalid.
  • Parties using Standard Contractual Clauses to transfer personal data from the EEA to countries outside must not do so if, in their assessment, the recipient country doesn’t provide an adequate level of protection. There must now be serious questions as to whether any transfers to the US can be valid.
  • The Binding Corporate Rules regime used by some of the world’s biggest international groups must now also be open to challenge. 
  • Data Protection Authorities (such as the ICO) must intervene to stop transfers under SCCs which are made to countries without an adequate level of protection.
  • Post-Brexit UK may be seen as an attractive place for US companies to base operations, but there may well be further legal challenges to such arrangements.

This was a pre-recorded session held on 16 July 2020. All information was correct at time of recording.

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