Client Alert: Schrems II - What Next for International Data Transfers?
Publications
August 18, 2020
On 16 July 2020 the Court of Justice of the EU (CJEU) issued its judgment in the case of Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II).[1] The CJEU ruled that the EU-US Privacy Shield was invalid and threw the use of standard contractual clauses (SCCs) into question. For an analysis of the immediate impact of this judgment please see our alert here.
Schrems II reiterated the CJEU’s view that EU residents’ data privacy rights are incompatible with the United States’ approach to data privacy in the context of national security. Accordingly, the European Union, and possibly the United Kingdom, will need to change its approach to international personal data transfers (IPDTs) to the United States.
In this article we shall examine some of the critical questions that arise following the judgment, including how the incompatibility between the European Union and United States arises, what this means, and offer some brief thoughts about how this might impact the European Union’s approach to other countries and the United Kingdom’s adequacy decision.
To read the full alert, please click here.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
August 18, 2020
On 16 July 2020 the Court of Justice of the EU (CJEU) issued its judgment in the case of Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II).[1] The CJEU ruled that the EU-US Privacy Shield was invalid and threw the use of standard contractual clauses (SCCs) into question. For an analysis of the immediate impact of this judgment please see our alert here.
Schrems II reiterated the CJEU’s view that EU residents’ data privacy rights are incompatible with the United States’ approach to data privacy in the context of national security. Accordingly, the European Union, and possibly the United Kingdom, will need to change its approach to international personal data transfers (IPDTs) to the United States.
In this article we shall examine some of the critical questions that arise following the judgment, including how the incompatibility between the European Union and United States arises, what this means, and offer some brief thoughts about how this might impact the European Union’s approach to other countries and the United Kingdom’s adequacy decision.
To read the full alert, please click here.
Related Capabilities
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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