July 27, 2020

Ken Dort Comments on Recent “Privacy Shield” Ruling in Q&A with The National Law Review

Privacy, cybersecurity & data strategy partner Ken Dort was featured in an interview with The National Law Review about data compliance for EU-US data transfers following the Court of Justice of the European Union (CJEU)’s decision in the Schrems II case. In the case, the CJEU declared the European Commission’s Standard Contractual Clauses for the transfer of personal data outside the EU as valid, but striking down the privacy shield framework in the process. The National Law Review reports the reasoning given for striking down the Privacy Shield Framework was that U.S. authorities’ access to EU personal data was not limited enough to provide protection equal to that available in the EU, and that EU individuals did not have actionable rights before a body offering guarantees equivalent to those required under EU Law.

In the interview, Dort discussed the main compliance concerns for companies affected by the CJEU decision, whether or not the decision puts pressure on the U.S. to provide greater privacy protections, enforcement, and the implementation of Codes of Conduct for data.

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