Transferring Personal Data from the EU to the U.S.
Large amounts of cross-border transfers of personal data, which are sometimes stored on servers in different countries are travelling in today’s globalised world. Question arising is whether the protection offered by the General Data Protection Regulation (GDPR) applies regardless of where the data lands and also applies when data is transferred to a country which is not a member of the EU.
With the judgment ‘Schrems II’ of July 16, 2020 (in case C-311/18), the European Court of Justice declared the Commission’s Implementing Decision (EU) 2016/1250 of July 12, 2016 in accordance with Directive 95/46 / EC of the European Parliament and the Council on the adequacy of the EU-US data protection shield (Privacy Shield) invalid. Data transmissions to the United States cannot therefore be based on the Privacy Shield. Data transfers to the United States require other guarantees to create an appropriate level of data protection.
In this webinar the general system of Art. 44 – 49 GDPR will be assessed, including the consequences of the recent EU court cases. In addition, the applicable United States laws, the transfer impact assessment, and appropriate documentation will be addressed and also the enforcement activity/audits, guidance from member states, examples of how this might apply in the HR/employment space, onward transfers, and third party beneficiaries. In this webinar you can of course ask all the questions you always wanted to ask.