Schrems II: Privacy Shield invalid

With the judgment of 16.07.2020, the Privacy Shield was declared invalid with immediate effect as a means of transferring data to the USA.

For companies in Switzerland, this means that an adaptation of the Switzerland-US Privacy Shield can be expected soon, whereby alternative possibilities for transfer to the USA must be found. Here, the standard contract clauses (SCC) are in the foreground, which according to the EUGH now require a detailed examination of the circumstances in the recipient country and an overall view of the circumstances. It is no longer sufficient to conclude the SCC without examining the circumstances of the transfer in more detail and assessing their impact on the rights and freedoms of the persons concerned.

The following procedure is therefore recommended as immediate steps:

• Examination of the order processors who use the Privacy Shield (with our DPMS you can simply check this)
• conclusion of an alternative means of transfer such as the standard contractual clauses
• Review of individual cases and documentation of the review in cases where SCC is used

Our team is at your disposal, click here to make an appointment for a detailed consultation.