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

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.   This podcast is provided as a service of Latham & Watkins LLP. Listening to this podcast does not create an attorney client relationship between you and Latham & Watkins LLP, and you should not send confidential information to Latham & Watkins LLP. While we make every effort to assure that the content of this podcast is accurate, comprehensive, and current, we do not warrant or guarantee any of those things and you may not rely on this podcast as a substitute for legal research and/or consulting a qualified attorney. Listening to this podcast is not a substitute for engaging a lawyer to advise on your individual needs. Should you require legal advice on the issues covered in this podcast, please consult a qualified attorney. Under New York’s Code of Professional Responsibility, portions of this communication contain attorney advertising. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Please direct all inquiries regarding the conduct of Latham and Watkins attorneys under New York’s Disciplinary Rules to Latham & Watkins LLP, 885 Third Avenue, New York, NY 10022-4834, Phone: 1.212.906.1200