[co-author: Marc Loewenthal]
An Overview of Recent Developments
Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in
Invalidation of Privacy Shield. In the recent
Schrems II decision, the Court overturned the EU-U.S. Privacy Shield that served as an approved adequacy program for transfers of EU personal data to the U.S under the GDPR. Overnight, thousands of companies that participated in or relied on Privacy Shield to transfer data (or vendors who relied on Privacy Shield) lost the assurance that their cross-border transfers were deemed adequate.