Episode 26: What next for EU-US data transfers post-Privacy Shield? Keep hiding in that herd!

GDPR Now!

Karen Heaton/Data Protection 4 Business

Gdpr Now!, Data Breaches, Cyber Security, Personal Data, Gdpr Now, Outsourced Dpo, Management, Business, Data Protection Officer, Business News, Privacy, It Security, Data Protection, News, Gdpr

4.8 • 11 Ratings

🗓️ 29 January 2021

⏱️ 39 minutes

🔗️ Recording | iTunes | RSS

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Summary

The decision by the ECJ on 16th July 2020, to invalidate the EU - US Privacy Shield sent shockwaves across organisations in the EU and US. We are now in January 2021 and there have been some solutions offered by the European Commission. But how workable are they for businesses in practise?? Join me, Karen Heaton and guest Mark Sherwood-Edwards, lawyer, data protection specialist and founder of Clearview Legal to discuss the latest pronouncements from the EC, on a revision of the Standard Contractual Clauses, Safeguards for transfers to the US (and other third countries) and of course, the impact of Brexit and what this will mean if the EC does not grant adequacy status to the UK. GDPR Now! Is brought to you by Data Protection 4 Business & This Is DPO. www.dpo4business.co.uk www.thisisdpo.co.uk. Guest Mark Sherwood-Edwards Founder www.clearviewlegal.co.uk Check out some great resources: FieldFisher Lawyer - Phil Lee on the revised SCCs https://www.fieldfisher.com/en/services/privacy-security-and-information/privacy-security-and-information-law-blog/first-impressions-new-eu-standard-contractual-clauses Tools to help with assessing data transfers Proteus-Cyber https://proteuscyber.com/Schrems-II-Automatic-SCC-contractsSpecial Guest: Mark Sherwood-Edwards.

Transcript

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0:00.0	Hello and welcome to another episode of GDPR Now, a podcast dedicated to all things related to data privacy and data security. It's brought to you by Data Protection for Business and this is DPO. Your host today is me, Karen Heaton, owner of Data Protection for Business, still recording from my home office in
0:22.1	southwest London. So today in our episode, we are revisiting and updating you, our listeners,
0:29.4	on the latest developments and the invalidation, the EU-US Privacy Shield, and where we are in
0:34.9	that process and what is going to happen next.
0:38.1	So across the airways, even though he's living around the corner,
0:41.6	I'm delighted to have back Mark Sherwood Edwards,
0:44.8	a fellow GDPR now host, leading lawyer in technology and fintech,
0:49.6	and founder of Clearview Legal.
0:52.4	Mark is here to help us understand where we are currently regarding
0:55.8	solutions to data transfers to the US. So Mark, welcome back. Hi, Karen. I'm glad to be here.
1:02.7	Thank you for coming on the show again. So let's do a quick recap then, Mark. Shrems too,
1:08.9	often referred to. Where are we on this? And a quick reminder of
1:14.3	why we got here, please. Okay, so Shrems too happened July last year. Max Shrem's privacy
1:22.5	fighter, extraordinary, had brought his action, quented up in the European Court of Justice. The result up in the European Court of Justice.
1:29.3	The result was that the European Court of Justice struck down the privacy shield because
1:35.3	the US, the practice of the US intelligence agencies were not compliant with effectively
1:41.3	with the rule of law or with with GDPR did not provide equivalent,
1:44.8	meant that the US regime did not provide equivalent protection to the GDPR.
1:50.7	At the same time it said the SECs were fine provided that SECs in combination with the legal
2:00.3	regime or the destination country together provide an equivalent
2:04.4	protection as GDPR. Now, given that, the Court of Justice had just said that in the US,
2:14.5	the intelligence agencies undermine the fundamental human rights of data subjects.
	...

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