Max Schrems shoots down new transatlantic data privacy treaty

This week, the European Commission adopted a new adequacy decision for the EU-US Data Privacy Framework. Max Schrems, the influential Austrian lawyer and data privacy activist who already successfully had the two previous incarnations of the treaty overturned by the European Court of Justice (CJEU), nevertheless sees the new treaty as little more than a copy of the failed “Privacy Shield”.

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Privacy Shield, Standard Contractual Clauses, CLOUD Act: Privacy activist Max Schrems’ advice for worried companies

Even if US cloud providers are running their own data centers in Europe, the data stored there is not protected from access under the FISA Act, according to Schrems. Also, new SCC versions will be much more complicated to apply, says Europe’s most well-known data protection activist.

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The CJEU overturns “Privacy Shield”. So what now?

In response to a complaint by the Austrian data rights activist Max Schrems, the Court of Justice of the European Union declared the EU-USA data protection agreement “Privacy Shield” invalid on 16 July 2020. This means that the second agreement on the protection of personal data of EU citizens in the USA has already failed after the “Safe Harbour” agreement was stopped...

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