EU-US privacy shield/transfer of data outside EEA

• Basil
  07/12/2020 13:39

  Could somebody please let me know where I could find information regarding data transfer outside EEA (US) and what steps to take regarding the invalidity of the EU-US Privacy Shield in relation to subject Informed Consent? I am unsure if ICFs previously quoting US privacy shield in relation to subject data transfer to US have to be amended and subjects re-consented? This seems very complicated and I also cannot find information about the UK stance on this from 1st of Jan.
• Colin Wilsher
  07/12/2020 14:19

  Obviously everything has changed with GDPR. And I’m no expert on GDPR. >> Your consent form should not really have language that is so specific about the “Privacy Shield” as you are finding out. It needs clauses about the fact that data will be transferred out of the EEA and how confidentiality and privacy will be assured.> The European Commission can decide that standard contractual clauses offer sufficient safeguards on data protection for the data to be transferred internationally. It has so far issued two sets of standard contractual clauses for data transfers from data controllers in the EU to data controllers established outside the EU or European Economic Area (EEA). https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en  https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-07/cp200091en.pdf  https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/eu-us-data-transfers_en  https://www.privacyshield.gov/article?id=14-Pharmaceutical-and-Medical-Products >> As far as Brexit is concerned ... your on your own. Seriously above my pay grade
• Colin Wilsher
  07/12/2020 14:33

  There is a good Q and A.> https://edpb.europa.eu/our-work-tools/our-documents/ohrajn/frequently-asked-questions-judgment-court-justice-european-union_en
• Basil
  07/12/2020 14:33

  Thank you Colin for the links, very helpful.
• Dominique Chesnais
  09/12/2020 10:59

  You are addressing very difficult questions that only a specialised lawyer in data privacy might answer. About the imminent impact of the Brexit (final?) agreements between the EU and UK on that issue, there are more complexities to be assessed with the coming agreements and amendments.

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