Data transfers after Schrems II - the response of authorities
Out-Law Guide | 06 Jan 2021 | 11:10 am | 18 min. read
The ruling by the Court of Justice of the EU (CJEU) on 16 July 2020 in the so-called 'Schrems II' case has significant implications for the transfer of personal data outside of the European Economic Area (EEA).
The CJEU confirmed, in principle, that businesses can use European Commission-endorsed standard contractual clauses (SCCs) to underpin data transfer arrangements to jurisdictions outside of the EEA. However, its judgment emphasised the need for due diligence by businesses if they wish to use SCCs, and called into question whether businesses can use SCCs to facilitate data transfers to certain jurisdictions in a way which complies with the EU's General Data Protection Regulation (GDPR).
The court further confirmed that businesses that have relied on the EU-US Privacy Shield for transferring personal data from the EEA to the US can no longer do so.
As businesses seek to understand their options, it is important they recognise that the picture continues to evolve. Authorities across Europe and beyond have given their response to the CJEU's ruling, with fresh guidance and proposed new transfer tools issued.
We have compiled a directory of the related statements and guidance issued by EU institutions, national data protection authorities and other relevant regulatory bodies following the Schrems II judgment, which will be updated as further announcements are made.
EU institutions
| EU institution | Type of announcement | Date issued (2020 unless stated otherwise) |
| European Data Protection Board |
Recommendations on the European Essential Guarantees for surveillance measures
Recommendations on measures that supplement transfer tools
|
17 July
24 July
10 November
11 November
11 November
20 November |
| European Data Protection Supervisor |
|
16 July
29 October |
| European Commission |
|
16 July
12 November
13 November |
| European Parliament | Research paper | 15 September |
EU: national data protection authorities
| Country | Type of announcement | Date (2020 unless otherwise stated) |
|---|---|---|
| Austria | ||
| Belgium | Statement | 31 August |
| Bulgaria | News | 16 July |
| Croatia | Statement | 20 July |
| Cyprus | News | 5 August |
| Czech Republic |
|
16 July
7 August |
| Denmark |
|
17 July
10 August
11 November |
| Estonia |
|
17 July
11 November |
| Finland |
|
22 July
8 September
17 November
2 December |
| France |
|
17 July
31 July |
| Germany |
|
16 July
28 July |
| Greece | Statement | 30 September |
| Hungary | ||
| Ireland | Statement | 16 July |
| Italy | Statement | 29 July |
| Latvia |
|
20 July
8 August
17 November |
| Lithuania | News | 20 July |
| Luxembourg |
|
27 July
17 November |
| Malta | News | 17 November |
| Netherlands |
|
20 July
11 November |
| Poland |
|
20 July
13 November
17 November
23 November
24 November |
| Portugal | ||
| Romania | Press release | 20 July |
| Slovakia | News |
16 July |
| Slovenia |
|
16 July
16 November |
| Spain | News | 9 October |
| Sweden |
|
17 July
7 September |
Non-EU / EEA authorities
| Country | Type of announcement | Date (2020 unless otherwise stated) |
|---|---|---|
| Liechtenstein |
|
17 July
3 December |
| Norway |
|
16 July
27 July
9 September
11 November |
| Iceland | News | 16 July |
| Switzerland | News | 16 July |
| UK |
|
16 July
17 July |
| US |
Department of Commerce statement
Senate Committee on Commerce press release
Department of Commerce - Press release
Letter from Deputy Assistant Secretary James Sullivan on the Schrems II decision
Remarks by Commerce Secretary Wilbur L. Ross at the U.S.-Ireland Economic Forum |
16 July
17 July
10 August
-
22 October |
German state and regional data protection authorities
| State or region | Type of announcement | Date (2020 unless otherwise stated) |
|---|---|---|
| Baden-Württemberg |
|
24 August
1 September
7 September
15 October |
| Bayern |
|
29 July
2 October |
| Berlin | Press release | 17 July |
| Brandenburg | ||
| Bremen | ||
| Hamburg | Press release | 16 July |
| Hessen | News | 28 July |
| Mecklemburg-Vorpommern |
|
23 July
28 July |
| Niedersachsen |
|
21 August
November |
| Nordrhein-Westfalen |
|
22 July
July
- |
| Rheinland-Pfalz |
|
16 July
16 July
24 July
18 August
10 November |
| Saarland | News | 29 July |
| Sachsen | ||
| Sachsen-Anhalt | ||
| Schleswig-Holstein | ||
| Thüringen |
|
16 July
11 November |
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