The Aftermath of Schrems II

Much has been written about the Schrems II case since its publication 9 days ago. Rather than simply repeat what many others have said on various privacy sites, I want to provide my own take on it within the broader context of what is going on in the world today.

While Schrems II invalidated the EU – US Privacy Shield, the decision cannot help but have implications for other countries throughout the world. What happens when European personal data flows to countries where government commitment and judicial systems are not strong enough to enforce EU personal data protections?

As an experienced contract negotiator & attorney, I have always been fascinated with standard contract clauses – regardless of the subject matter. The evolution of the European Commission SCCs remains a subject of high interest.

With regards to the EU – United States relationship, it is important to remember that there is $7.1B USD of annual trade between the two partners. It is my hope (and confidence) that adjustments may be made on the U.S. side so that this mutually important relationship remains strong and prosperous. Sometimes it helps to be reminded that Europeans and Americans have more in common than in difference.

The pandemic and the situation in Hong Kong may yet play out in ways that many people in Europe and America cannot predict presently.

I close by saying that these are exciting times to be an ethical privacy practitioner, whether in Europe, America, or beyond, and the best way to add value to governments, businesses, and clients of all stripes is through continual and thoughtful professional development.

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