In House Data Club: Implications of the CJEU’s decision in Schrems II

The Court of Justice of the European Union has ruled that the EU-US Privacy Shield is invalid and that, while model clauses remain a valid mechanism for cross-border data transfers, this validity is subject to the equivalent level of protection being provided in the recipient country as that afforded by EU law.

In this session we will discuss the CJEU’s decision in Schrems II with an expert panel of: Alexander Milner-Smith (London office) Bryony Long (London office) and Victor Timon (Dublin office) of Lewis Silkin, Gary Kibel of NYC based firm Davis & Gilbert, Florence Chafiol of August Debouzy and Christopher Knight of 11KBW .

Please also see Lewis Silkin's article on this here and 11KBW’s own Panopticon Blog on the case here.

The session will run as both a short formal presentation from Christopher on the key points of the case and then an informal panel discussion and Q&A about where we go from here:

• Do we wait for Safe Shield or Privacy Harbour to emerge from the wreckage of Privacy Shield?
• Do we all scramble to implement SCCs? If so how do we comply with the CJEU’s recommendations regarding due diligence on importer countries? Do SCCs still work for EU>US transfers?
• Are other options available? Can we really use Article 49 derogations in anything other than an ad hoc and occasional way? What about BCRs – why do they solve US security issues?
• Whatever we do - will there be a Schrems III – The Return of Schrems? Are regulators going to grant grace periods or are they sharpening their sanction tools in readiness for a series of extra-EEA (and UK) transfer related fines in Q3 and Q4?

The session is intended to be interactive and a forum to share experiences with your contemporaries in an informal Chatham House style.