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Episode 18 — Tech Trends: Has the Tide Turned for Transatlantic Data Transfers Post-Schrems II?

February 16, 2021
As governments and courts forge new privacy protocols for cross-Atlantic data transfers, global businesses that transfer data into the US will need to adapt and pay attention to upcoming developments.

After the EU’s top court invalidated the Privacy Shield and cast doubt on the use of the model clauses in certain circumstances with consequences for global business, EU Business that use US service providers and US business that target US users across all industries. We explore the background to the decision, the current status of the existing transfer mechanisms, the guidance coming out of the European Data Protection Boards and new model clauses from European Commission and discuss whether the new Biden Administration will agree to changes to US privacy and surveillance to protect the privacy rights of EU individuals. We conclude by looking at the practical steps business should take to stay compliant and prepare for changes ahead in a time of uncertainty.

In this episode of Connected With Latham, Bay Area partner Michael Rubin, a leader of the Data Privacy & Security Practice and Global Vice Chair of the Technology Industry Group speaks with Gail Crawford, London partner and Global Chair of the Data & Technology Transactions Practice to answer these questions and more.

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