DPAs’ guidances to survive in the post-‘Schrems II’ world

IAPP has set up a valuable resource collecting together guidances and statements issued by national DPAs in response to the recent CJEU ruling on the so-called ‘Schrems II’ case. The IAPP will aim to update the register on an ongoing basis.

The link is below:

https://iapp.org/resources/article/dpa-and-government-guidance-on-schrems-ii-2/

While privacy pros advise to seek to put in place SCC as a substitution for the invalidated Privacy Shield, it should, however, be noted that SCC are by itself a safeguard with a limited scope of application as: (i) it still does not cover many processing scenarios (e.g., processor-to-controller, processor-to-sub-processor); (ii) it is quite outdated (issued in 2001, 2004 and 2010 in the pre-GDPR world); (iii) its validity has been put on several conditions by the ‘Schrems II’ decision.

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