EU-US Privacy Shield Invalidation

On 16 July 2020, the CJEU published its finding in the Schrems II case (Case C-311/18 Data Protection Commissioner v Facebook Ireland and Maximillian Schrems), confirming the validity of SCCs for international transfers, but invalidating the Privacy Shield mechanism.

The JOIC is considering the decision of the CJEU and its potential impact upon Jersey-based businesses who use the EU-US Privacy Shield mechanism for data transfers to the United States. Deputy Information Commissioner, Paul Vane said “We understand there may be significant implications for businesses using the Privacy Shield mechanism for international data transfers to the US. Our team are available to offer advice and support to any local businesses who have concerns arising from last weeks’ landmark judgment. We will be working with local business sectors to understand the implications and will be revising our current guidance note on international data transfers in due course.”

In the meantime, please have a look at our helpful blog in relation to the Schrems II judgment.