E.U.-U.S. Data Transfers After the Schrems II Decision

Responding to the cry for clarity that emerged after the Court of Justice of the European Union handed down its judgment in Data Protection Commissioner v. Facebook Ireland Ltd and Maximillian Schrems, the European Data Protection Board quickly addressed businesses’ most urgent concerns by answering frequently asked questions. The EDPB favored speed over substance in its initial guidance, although it did commit to further developing and complementing the guidance in the near future, Alston & Bird partner Wim Nauwelaerts argues in this guest article. Nauwelaerts reviews the impact of the so-called Schrems II decision, analyzes the EDPB’s FAQs and discusses what lies ahead for businesses that want to continue transferring data from the E.U. to the U.S. See “Privilege, Data Privacy and Human Resources in Cross‑Border Investigations” (Oct. 31, 2018).

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