Transferring EU Data To US After New Contractual Safeguards

Law360 (May 17, 2021, 7:03 PM EDT) — In light of new standard contractual clauses, or SCCs, to be issued shortly by the European Commission, as well as imminent new guidance from the European Data Protection Board, companies transferring personal data to the U.S. should consider taking steps to help ensure their data transfers are recognized as U.S. person communications.

This article sets forth possible text that companies could adopt as a supplemental measure to inform U.S. intelligence agencies that data transfers under SCCs are prohibited from being targeted.

By way of background, in its July 16 opinion in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems, or Schrems II,[1]…