The Court of Justice of the European Union (CJEU)’s historic decision in Schrems II, in which the EU-U.S. Privacy Shield was invalidated, requires businesses to rethink the mechanism they can rely on to transfer personal data from the EU to the United States and other countries. However, how the decision will be enforced remains uncertain.

Despite the invalidation of Privacy Shield, the U.S. Department of Commerce issued a statement that it “will continue to administer the Privacy Shield program, including processing submissions for self-certification and re-certification to the Privacy Shield Frameworks and maintaining the Privacy Shield List.” And although the CJEU’s decision in principle upheld the validity of Standard Contractual Clauses (SCCs), the judgment drew reactions from various EU data protection supervisory authorities (DPAs), some calling into question the use of SCCs for EU to U.S. transfers.

Read the full GT Alert, “The End of Privacy Shield: European Data Protection Authorities React.”

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Photo of Dr. Viola Bensinger Dr. Viola Bensinger

Viola Bensinger is Global Co-Chair of the Greenberg Traurig’s IP & Technology Practice Group and the Global Data Privacy & Cybersecurity Practice, and also chairs the Technology Practice in Germany. She advises clients from the technology, media, health care, automotive and other industries.

Photo of Gretchen A. Ramos Gretchen A. Ramos

Gretchen A. Ramos is Global Co-Chair of the Data, Privacy & Cybersecurity Practice. Gretchen is a creative problem-solver that various large tech clients rely on to handle their most challenging data protection issues. Clients appreciate not only her legal skills, but also her

Gretchen A. Ramos is Global Co-Chair of the Data, Privacy & Cybersecurity Practice. Gretchen is a creative problem-solver that various large tech clients rely on to handle their most challenging data protection issues. Clients appreciate not only her legal skills, but also her direct, no-nonsense approach in providing advice. She works closely with her clients to manage data and leverage its value in ways to meet compliance obligations, as well as deliver value to the business and instill consumer trust.

Photo of Carsten A. Kociok Carsten A. Kociok

Carsten Kociok focuses his practice on the technology industry. He has broad experience in the areas of Internet, information technology, electronic and mobile payments and new media, as well as regulatory and data protection law issues.

Carsten advises national and international companies from

Carsten Kociok focuses his practice on the technology industry. He has broad experience in the areas of Internet, information technology, electronic and mobile payments and new media, as well as regulatory and data protection law issues.

Carsten advises national and international companies from the Internet, payments and technology industries on the commercial and regulatory side of their business, in particular in the areas of e-commerce and e-business, electronic and mobile payments, service distribution, franchising, outsourcing and technology transactions. This includes all aspects of e-money and payments law, financial services law, data protection and data security regulations, money laundering obligations as well as marketing, unfair competition, consumer protection and general contract law.

Prior to joining the firm, Carsten worked at Olswang for eight years and in the Capital Transaction Practice Group of an international law firm in New York.

Photo of Dr. Johanna Hofmann Dr. Johanna Hofmann

Johanna Hofmann advises German and international companies and groupt of companies on all questions of data protection and IT security law. The focus of her work is on the data protection-compliant structuring of existing and future business relationships, both on a national and…

Johanna Hofmann advises German and international companies and groupt of companies on all questions of data protection and IT security law. The focus of her work is on the data protection-compliant structuring of existing and future business relationships, both on a national and international level. Her field of interest lays in particular in the field of cloud computing, data protection certification and data security management. Through long-term secondments at a German group of companies and at the German subsidiary of a US-American technology group, Johanna has gained deep insights into different kinds of group-wide data protection organizations.

Before joining Greenberg Traurig Johanna worked with CMS Hasche Sigle in Munich for over two years. Prior to this, for several years she was a member of the project group for constitutionally compatible technology design and was in charge of an interdisciplinary research project on the dynamic data protection and IT security certification of cloud computing services.