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JUL 14, 2020 | US | EUROPEAN UNION

Tech Industry Braces for Transatlantic ‘Data Lockdown’ Ahead of EU Court Decision

National Journal, July 14, 2020

By Brendan Bordelon

An impending decision by the Court of Justice of the European Union is poised to choke off vast flows of Europeans’ personal data to US servers, with advocates on both sides warning of financial fallout as COVID-19 continues to weigh on the global economy.

The case, known as Schrems II, marks the second time Austrian privacy advocate Max Schrems has tangled with Facebook over its transatlantic transfer of personal data, which Schrems contends puts that data within the legal reach of the National Security Agency and other US intelligence agencies.

“Losing a reliable mechanism for transferring data would leave fewer alternatives that companies could turn to,” said Kate Goodloe, policy director at The Software Alliance, a technology trade association. “If either the Privacy Shield or standard contractual clauses are invalidated, it could have a significant economic impact because companies across industry sectors—including automotive, agriculture, financial, health care, manufacturing, and HR—rely on those mechanisms to transfer data.”

A ruling against both mechanisms would leave them “without much else,” she said.

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Original Posting: https://www.nationaljournal.com/s/708343/tech-industry-braces-for-transatlantic-data-lockdown-ahead-of-eu-court-decision

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BSA | The Software Alliance (www.bsa.org) is the leading advocate for the global software industry before governments and in the international marketplace. Its members are among the world’s most innovative companies, creating software solutions that help businesses of all sizes in every part of the economy to modernize and grow.

With headquarters in Washington, DC, and operations in more than 30 countries, BSA pioneers compliance programs that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.

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