ASSESSING THE IMPLICATIONS OF SCHREMS II FOR EU–US DATA FLOW

Abstract

With the constant flow of data across jurisdictions, issues regarding conflicting laws and the protection of rights arise. This article considers the EU–US data transfer relationship in the aftermath of the decision in Data Protection Commissioner v Facebook Ireland and Maximillian Schrems where the Court of Justice of the European Union (CJEU) invalidated an EU–US data transfer agreement for the second time in just five years. This judgment continues the line of cases emphasising the high value the Court places on securing EU personal data in accordance with EU data protection standards and fundamental rights. This article assesses the implications of the ruling for the vulnerable EU–US data transfer relationship.

Recent Trends in Cross-Border Data Access by Law Enforcement Agencies

“…56-63), or M.H. Murphy (2021) for analyses of the two so-called Schrems decisions on transatlantic data flows. There is also a new transatlantic data pact solution in the making, but it is too early to speculate about its legal, political, and other implications; see Manancourt (2022) for the recent political events.…”