Data protection

 After long negotiations, the new adequacy decision for processing personal data of EU data subjects in the United States resulted in new rules and the setting up of new organisations in the US and an adequacy decision by the European Commission. This enables the transfer of personal data only by organisations in the US who register to the EU-U.S. Transatlantic Data Privacy Framework. Organisations registered to the predecessor of the new framework, the Privacy Shield, retain their registration if they maintained it and continue to fulfil the conditions. The list of organisations registered can be found here: https://www.dataprivacyframework.gov/s/participant-search .   As mentioned above, it is not only the Commission adequacy decision which is new, the United States also undertook a number of measures, in particular concerning the regulation of surveillance of electronic communications, to harmonise the American rules more with the European data protection requirements. ...

 A lot happened since Schrems-II , among others the European Data Protection Board published a FAQ document , a guidance on essential guarantees for surveillance measures      and submitted another guidance , on measures that supplement transfer tools. Transfer tools are either safeguards which ensure that data subjects enjoy adequate protection of their privacy at the place and in the organisation to where their data are transferred or derogations which enable transfer essentially without adequate protection. I used the term adequate protection and previously the view was that the protection ensured need not be identical with that in the EU. The Schrems II judgment, however, speaks about equivalent protection and this is stronger. In case the derogations (according to article 49 GDPR) are used, the EDPB is of the view that the last sentence of Article 44 GDPR (All provisions in this Chapter shall be applied in order to ensure that the level of protection of natural...