New York, NY, July 29, 2020 –(PR.com)– In a recent blog post on Legal Lanaguage Services’ (LLS) website, senior consultant, Tom McLean, Esq. and LLS’s president, Victor Hertz, discuss the decision Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (Schrems II).
This major change in international data sharing is put into context through a brief summary of Schrems I, in which the court examined how Facebook exported the personal data of European citizens to the US.
Schrems I forced the creation of new regulations for the international transfer of personal data.
Now Schrems II has done the same. Moreover, McLean points out that Schrems II, by overturning the pertinent EC Directive, has also overturned the chief blocking statute for most European countries.
From 1995 to 2016, much of the personal data transferred from the EU to the US was done pursuant to a “safe harbor” created by the Directive 95/46. Schrems I invalided that safe harbor. The EU responded quickly to Schrems I by enacting Directive 2016/679. Rather than creating a safe harbor for transferring personal data, Directive 2016/679 created a “privacy shield.”
McLean and Hertz discuss how Schrems II invalidated the Privacy Shield, leaving data buyers and sellers in limbo – and in need of quickly renegotiating data exchange contracts.
In particular, the blog post examines the effect Schrems II has on international litigation. Since Directive 2016/679 has been the de facto chief blocking statute for many European countries, McLean and Hertz examine how Schrems II impacts the ability to take evidence from European witnesses and parties, ultimately concluding that it doesn’t impact this ability very much at all. They argue: “First, Directive 2016/679 protections only apply to ‘natural persons’ and not corporations. Second, and more importantly, Directive 2016/679 does not apply ‘when courts are acting in the judicial capacity.’”
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