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Bitkom on the European Court of Justice ruling on international data exchange

  • Privacy Shield declared invalid

In its ruling today, the European Court of Justice (ECJ) has declared the so-called Privacy Shield, which regulates the exchange of data between the EU and the USA, to be invalid. It also ruled that data exchange with non-EU countries on the basis of the so-called standard contractual clauses is legal, but must be examined on a case-by-case basis.

Susanne Dehmel, Member of the Bitkom Management Board, explains:

"After the failed Safe Harbor Agreement, the legal basis for data processing between the EU and the USA is now falling for the second time. The practice of standard contractual clauses, which has been valid until now, is also being shaken by this decision. This ruling creates massive legal uncertainty for companies with data processing in the USA. Anyone who has so far processed data solely on the basis of the Privacy Shield must at least switch to the standard contractual clauses - otherwise there is a risk of data chaos. International data flows are the foundation of a globalized economy. It is crucial for globally active companies to be able to handle their business processes and data flows in a legally secure manner. The EU is now called upon to quickly ensure legal certainty and to make data processing in third countries such as the USA possible in the long term. To process data exclusively in Europe is, on the one hand, technically hardly feasible and, on the other hand, would mean a massive competitive disadvantage for European companies".

 

International Data Transfers at the digital Bitkom Privacy Conference 2020

International data transfers will also be discussed at the Privacy Conference 2020 with more than 500 international data protection experts. The latest developments promise a lively exchange at our digital conference. Be there too when we discover new horizons.

The virtual Privacy Conference will take place on 28 & 29 September 2020. The participation is free of chargeSecure your ticket now!