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EDPB to examine European Commission’s draft adequacy decision for U.S. in light of EU law, and CJEU case law. In particular, the EDPB will verify how U.S. authorities’ suggested reforms ensure that the collection of personal data for national security purposes is limited
The following is part of Greenberg Traurig’s ongoing series analyzing cross-border data transfers in light of the new Standard Contractual Clauses approved by the European Commission in June 2021.
Cross-border data transfers in light of Standard Contractual Clauses approved by the EU Commission. EDPB restrictions on cross-border data transfers for controllers and processors do not apply to data subjects. EU Commission is developing SCCs for companies subject to Art.
EDPB has taken the position that a data subject cannot be considered a controller or processor, and the restrictions on cross-border data transfers that apply to controllers and processors do not apply to data subjects. Companies subject to the GDPR.
EDPB, Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR at n.10.