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Governance, Risk, Audit & Privacy · Intermediate

Schrems II

2020 CJEU ruling that invalidated the EU-US Privacy Shield and required case-by-case assessment for SCC transfers.

Definition

In Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (C-311/18, July 2020), the court found US surveillance law did not offer essentially equivalent protection. SCCs remained valid, but exporters must verify that destination-country law allows compliance, adding supplementary measures such as encryption where necessary.

Example

After Schrems II, companies began conducting transfer impact assessments for every US vendor.

Exam tip

Schrems I (2015) invalidated Safe Harbor; Schrems II (2020) invalidated Privacy Shield.

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