The European Parliament Paper on Schrems 2

21/09/2020


The European Parliament Paper on Schrems 2

The European Parliament has prepared a document on Schrems 2 decision to its Members, to assist them in their parliamentary work.


The document summarizes the Schrems 2 case quite well. It provides views of the both sides - the ones who argue that companies may continue using the conventional SCCs, and others who argue that companies should use SCCs for transfers to the US if (i) they are not subject to the respective surveillance law, or if (ii) they provide for 'additional safeguards'. The document contains links to the most important development post the CJEU decision such as EDPB FAQs on Schrems 2, DPA of North Rhine-Westphalia opinion on the use of transatlantic cables, view of the EDPB and the Conference of the German Data Protection Authorities that organizations may transfer data based on binding corporate rules, but will have to, equally, ensure the essential equivalence. Furthermore, it contains the EDPB statement that it will not suspend enforcement for a regulatory grace period and The Berlin, Hamburg and Dutch DPAs advised halting transfers to the US. The Berlin DPA even advises to retrieve data from the US. Many DPAs stress the need for further analysis and case-by-case assessments.


While European Commission committed to joint efforts, and suggested modernising SCCs, Max Schrems and the European Data Protection Supervisor encourage the United States to reform surveillance laws and meet the requirements of the Court.


The press release is available here.


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