Transfer or not transfer personal data? During our last episode of LegalCoffee with Warwick Legal Network lawyers we discussed EU-US personal data transfer framework. A huge challeng for lot of our clients.

🟠A step towards easier EU-US date flows

My quests were American, Counsel Christopher Fulmer from Morningstar Law Group and Italian, advocate Jakob Tasser from bureau Plattner

📍What are the main concerns in reference to UE-US personal data transfer?

📍What were the concerns caused by the Schrems II ruling?

In 2018, however, Max Schrems brought a new claim against Facebook to the Irish Data Protection Authority. That claim was referred eventually to the ECJ which, in a decision now known as “Schrems II” determined (among other things) that because Privacy Shield does not provide data subjects an ability to seek redress from US authorities, the US-EU Privacy Shield Agreement did not provide an adequate level of protection.

In October 2022, after consulting with European Authorities, President Biden issued an Executive Order in the US that is intended to create a right of redress.

📍What in the Executive Order?

📍How did the Executive Order for the implementation of a new privacy shield come about?

📍Why was the Executive Order necessary and what were the problems/concerns caused by the Schrems II ruling?

Chris gave us the American perspective and Jakob the European point of view on those and other questions.

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