In atypical 2020 fashion, Santa actually gave UK the #1 present on its Christmas list: adequacy for cross-border data transfers from the EU as part of an overall trade deal.

Bloomberg reports the deal will include an interim solution for a maximum of 6 months while the European Commission considers a full adequacy decision for

Norway’s Datatilsynet does not mince words in its Brexit guidance:

“On 31 December 2020, the Brexit transition period will end. This means, among other things, that anyone who transfers personal data to the United Kingdom after this date must follow the rules on the transfer of personal data to third countries.”

“If the European Commission

The European Commission has issued long-awaited draft Standard Contractual Clauses and they have something for everyone…

  • Annexes and pick-and-choose modules (C2C, C2P, P2P, P2C).
  • Lots of emphasis on the laws of the country of transfer and pushing back on government requests.
  • Reiteration of some Article 26 (joint controller agreement) and Article 28 (data processor agreement)

Brace yourselves, the post-Schrems II supplemental measures are coming!

The European Data Protection Board adopted recommendations on measures that supplement transfer tools to ensure compliance with the European Union level of protection of personal data, as well as recommendations on the European Essential Guarantees for surveillance measures.

“The implications of the Schrems II judgment extend to all transfers to third countries. Therefore, there are no quick fixes, nor a one-size-fits-all solution for all transfers, as this would be ignoring the wide diversity of situations data exporters face. Data exporters will need to evaluate their data processing operations and transfers and take effective measures bearing in mind the legal order of the third countries to which they transfer or intend to transfer data,” said EDPB chair Andrea Jelinek

The European Essential Guarantees recommendations provide data exporters with elements to determine if the legal framework governing public authorities’ access to data for surveillance purposes in third countries can be regarded as a justifiable interference with privacy rights.

Details in this EDPB Press Release.


Continue Reading EDPB Adopts Measures on Post-Schrems II Supplemental Data Transfer Tools