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

Maria Helen Murphy

13 citations0/0 files storedInternational and Comparative Law Quarterly

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Digitalization, Law, and Regulation Conflict of Laws and Jurisdiction European Criminal Justice and Data Protection

Abstract

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.

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2014Data Privacy Law 2018When data protection by design and data subject rights clash 2019Global Data Privacy: The EU Way 2003Safe harbours are hard to find: the trans-Atlantic data privacy dispute, territorial jurisdiction and global governance 2014Delusions of Adequacy? Examining the Case for Finding the United States Adequate for Cross-Border EU-U.S. Data Transfers 2017Algorithmic surveillance: the collection conundrum

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