U.S. organizations continue to struggle with the transfer of personal information in compliance with European Union law, including continued compliance with the General Data Protection Regulation (GDPR).

‘Schrems II’ Decision

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its decision in Data Protection Commission v. Facebook Ireland, Schrems (Schrems II). This decision invalidated the E.U.-U.S. Privacy Shield Framework and cast uncertainty on the use of transfer mechanisms for external data transfers of personal information outside of Europe with regard to European residents.

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