New Statesman, July 16, 2020

By Oscar Williams

Legal experts have warned that the European Court of Justice’s (ECJ) surprise decision to invalidate an EU-US data sharing agreement will dash hopes of Britain securing its own EU data deal after Brexit.

The influential international court handed down the ruling on Thursday morning after concluding that mechanisms, dubbed Privacy Shield, to protect European data from US state surveillance were inadequate.

However, the court did not invalidate the standard contractual clauses (SCCs) used by many tech companies, including Facebook, to transfer EU data to the US. This means that firms will still be able to legally move European citizens’ data to the US, albeit with a higher administrative burden.

Thomas Boué, director-general of Europe, Middle East and Africa policy at the Business Software Alliance, told the Financial Times: “We are relieved that SCCs remain valid, which is a positive outcome. But today’s Privacy Shield decision just removed from the table one of the few, and most trusted, ways to transfer data across the Atlantic.”

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Original Posting: https://tech.newstatesman.com/policy/privacy-shield-invalidated-ecj-uk-data-adequacy-decision