Law360 Publishes Akin Gump Analysis of EU Court of Justice Ruling on Transferal of Personal Data to United States

Law360 has published the article “Transferring Personal Data To US After EU Top Court Ruling,” written by Natasha Kohne and Michelle Reed, co-heads of the cybersecurity, privacy and data protection practice at Akin Gump, and counsel Jenny Arlington. Associate Rachel Kurzweil and trainee solicitor Sahar Abas also contributed to the article.

The article addresses a ruling by the Court of Justice of the European Union concerning “transfers of personal data of European Union citizens outside the EU under the General Data Protection Regulation.” The authors examine the origins of the case, which was brought by Max Schrems, “a known figure in the data privacy circles.” They then note that, as a result of the decision, the EU-U.S. Privacy Shield, “a framework arrangement that allowed the transmission of personal data from EU entities to certified U.S. entities,” is invalid.

Much of what happens next, the authors write, “depends on further guidance by the regulators and political steps in relation to implementation of new frameworks or changes to existing U.S. laws.” They offer some considerations for controllers and processors who transfer data from the EU to third countries, in particular to the United States.

To read the article in its entirety, please click here.