UK Government response to European Court of Justice decision in Schrems II case

International data transfers are vitally important to global economies and societies and we look forward to developing and supporting mechanisms that can best facilitate international data transfers.

Coronaviris (Covid-19) has demonstrated the importance of international data transfers. The recent crisis has shown how data transfers keep economies moving and societies functioning, being crucial to working from home, supporting a marked shift to communications and commerce moving online and underpinning the healthcare response.

The UK government is committed to ensuring high data protection standards and supporting UK organisations on international data transfer issues.

It is disappointed that the EU's adequacy decision for US Privacy Shield has been invalidated by the court in its judgment of 16th July 2020.

The UK government intervened in the case, arguing in support of the validity of standard contractual clauses (SCCs). It is pleased that this important mechanism for transferring data internationally remains in place and is considering any further implications that may arise from the judgment in respect of this.

The UK Government is working with the Information Commissioner's Office and international counterparts to address the impacts of the judgment and ensure that updated guidance on international data transfers will be available as soon as possible.

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