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.