- The Court of Justice declared the Privacy Shield decision invalid, but also confirmed that the standard contractual clauses remain a valid tool for the transfer of personal data to processors established in third countries.
- This means that the transatlantic data flows can continue, based on the broad toolbox for international transfers provided by the GDPR, for instance binding corporate rules or Standard Contractual Clauses.
- In its judgment today, the Court of Justice of the European Union once again underlined that the right of European citizens to data protection is absolutely fundamental.
- It confirms also what the Commission has said many times and what we have been working on: When personal data travels abroad from Europe, it must remain safe.
- I know citizens and businesses are seeking reassurance today on both sides of the Atlantic. So let me be clear: we will continue our work to ensure the continuity of safe data flows.
- We will do this
- in line with today’s judgment
- in full respect of EU law
- and in line with the fundamental rights of citizens.
- We strongly believe that in the globalised world of today, it is essential to have a broad toolbox for international transfers while ensuring a high level of protection for personal data.
- We are not starting from scratch. On the contrary, the Commission has already been working intensively to ensure that this toolbox is fit for purpose, including the modernisation of the Standard Contractual Clauses.
- Didier will provide you with more details on this work.
- We will now swiftly finalise it, also in consultation with the European Data Protection Board or Data Protection Authorities.
- Today’s ruling provides further valuable guidance for us and we will make sure that the updated tool will be fully in line with it.
- We have also regularly monitored the implementation of the Privacy Shield and published annual reports where we identified both positive aspects and certain deficiencies.
- Finally, we will be working closely with our American counterparts, based on today’s ruling. Both Didier and I have been in contact with U.S. Commerce Secretary Wilbur Ross in the past days.
- I see this an opportunity for the European Union to continue the dialogue with our American partners;
- and I see it as an opportunity to engage in solutions that reflect the values we share as democratic societies.
- We now need some time to look in detail at this ruling, but our priorities are very clear:
- One: Guaranteeing the protection of personal data transferred across the Atlantic;
- Two: Working constructively with our American counterparts with an aim of ensuring safe transatlantic data flows.
- Three: Working with the European Data Protection Board and national data protection authorities to ensure our international data transfer toolbox is fit for purpose.
