No, there has been no new “Schrems” judgment from the CJEU. But the publication of the post-Schrems II “Recommendations” by the European Data Protection Board (EDPB) on November 11, 2020, is such a huge aftershock than one could mistake it for an entirely new earthquake shaking the international data transfer system. [...]

Following the invalidation of the U.S.-EU Privacy Shield by the Court of Justice of the European Union (CJEU), Kenneth Propp and Peter Swire’s article ‘After Schrems II: A Proposal to Meet the Individual Redress Challenge’ argues that the core fundamental rights concerns expressed by the CJEU must be addressed in order for the U.S. and the EU to negotiate a replacement agreement. In particular, the article makes a preliminary proposal to address CJEU concerns that U.S. surveillance law safeguards lack [...]

CBDF Senior Fellows Théodore Christakis and Jennifer Daskal, and CBDF Research Director Peter Swire have published extensively in the immediate aftermath of the Court of Justice of the European Union’s decision in Schrems II. This post highlights six items from the first week following one of the most important decisions about cross-border data flows to date: [...]