A new Congressional Research Service report on EU-US Privacy Shield invalidation and its aftermath lists possible options for Congress to facilitate US-EU data flows and a potential enhanced Privacy Shield accord. They include:

  • Exploring changes when authorizing and overseeing surveillance programs to better protect data privacy or otherwise address EU concerns;
  • Strengthening the Privacy and

It’s beginning to look a lot like (a Schrems II solution by) Christmas.

“A revised mechanism allowing companies to transfer Europeans’ data around the world may be ready before Christmas,” said EU digital chief Margrethe Vestager.

“My colleagues Vera Jourova and Didiers Reynders are working very, very hard to look at standard contractual clauses, at

Key Takeaways

  • Particularly

The Data Protection Authority of Rhineland-Palatinate, Germany has issued FAQs on Schrems II, weighing in on the EU-U.S. Privacy Shield and Standard Contractual Clauses. The guidance comes on the heels of FAQs issued recently by Baden-Wuerttemberg’s DPA.

Here’s what the Rhineland-Palatinate authority says about EU-U.S. Privacy Shield:

Privacy Shield

  • The EU-U.S. Privacy Shield can no

On the heels of the Court of Justice of the European Union’s decision in Schrems II, Switzerland’s Federal Data Protection and Information Commissioner (FDPIC)  has determined that the U.S.-Swiss Privacy Shield does not meet the “requirements of adequate data protection as defined by the FADP (Swiss Federal Act on Data Protection).” It issued a policy

There is no quick fix to the Schrems II decision, says European Union Justice Commissioner Didier Reynders.
Per Bloomberg Law: Justice Commissioner Reynders plans to finalize work by the end of this year on clauses that companies use to safely transfer data. In addition, talks with the U.S. will intensify in coming weeks on “sustainable

Peter Swire and Kenneth Propp suggest a viable post-Schrems II alternative to address U.S. judicial redress deficiencies in the Lawfare Blog.

“Any future attempt by the United States to successfully address this perceived deficiency in judicial redress … must have two dimensions: a credible fact-finding inquiry into classified surveillance activities in order to ensure protection