ANALYSIS: Seeking Smooth Sailing for Data Flows Across the Pond

More than a year after the invalidation of the EU-U.S. Privacy Shield, trans-Atlantic data flows are still in choppy waters. Reliance on standard contractual clauses (SCCs) as the next best alternative has been fraught with challenges, not the least of which has been the European Commission’s adoption of new SCCs, triggering a host of time-sensitive updates. Do calmer waters lie ahead?

Yes, if a new Privacy Shield is adopted. Version 2.0 has been in the works since the Court of Justice of the European Union (CJEU) sank the original Privacy Shield in its Schrems II decision. Although the Biden ...