Why EU-US data transfers may not be impacted by Schrems II

28/12/2020 | Lawfare

An article published by Lawfare explains why the concerns expressed by the CJEU in its Schrems II ruling regarding US surveillance laws are not applicable to data transfers to the US under standard contractual clauses. "Surveillance under Section 702 and Executive Order 12333 may not target communications of US persons — including American companies — or persons reasonably believed to be in the US. Data transfers pursuant to SCCs between an American company in Europe to its American headquarters in the US are exactly the types of communications that may not be targeted under those authorities."

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