The end of the Privacy Shield: Recommendations for international data transfers
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The European Court of Justice (ECJ) ruling on the "Schrems II" case, brought about by privacy advocate Max Schrems, resulted in the end of the Privacy Shield. We address key questions, without making any claim to completeness or conclusive answers. The whitepaper focuses on the expected practical implications, as well as practical measures for mitigating possible risks.
In this detailed Schrems II whitepaper you’ll learn:
- What implications the decision of the European Court of Justice (ECJ) in the case "Schrems II" has for companies and organisations.
What you need to consider when transmitting data abroad.
- Which measures you should take as a data processor.
AT A GLANCE - SCHREMS II & THE END PRIVACY SHIELD
11 - POINT PLAN FOR MITIGATING RISKS
Examination of possible restrictions/terminations of the third country transfer (particularly to the U.S.)
- Switch from Privacy Shield to Standard Contractual Clauses
Implementation of additional technical measures prior to third country transfers (particularly to the U.S.)
- Directives and requirements for all data importers (particularly processors)
- Directives and requirements specifically for processors and sub-processors
Use of additional contractual clauses for processing contracts and SCC (Standard Contractual Clauses)
Use of the derogation rules in Art. 49 GDPR
Consideration of alternative providers
Examination and adaptation of Binding Corporate Rules (BCRs)
Examination and adaptation of the privacy policies (particularly on websites and apps)
Updating the records of processing activities