On September 25, 2020, ACT | The App Association and the Innovators Network Foundation (INF) convened a virtual Roundtable to consider the impact of the Court of Justice of the European Union (CJEU) decision in Data Protection Commissioner v. Facebook Ireland Limited and Maximiliian Schrems (“Schrems II”)1 and its invalidation of the Privacy Shield. The Privacy Shield has acted as a principal legal method for transferring personal data from the European Union (EU) to the United States (U.S.). It has been particularly valuable for small businesses which may lack the resources necessary to implement other, more costly transfer
mechanisms.
The discussion brought together key staff from EU and U.S. agencies, recognized privacy experts, and representatives of the American small business community, all of whom rely on the EU-U.S. Privacy Shield. Participants considered:
- The continued value and importance of U.S.-EU data flows and digital trade;
- Next steps in the evolution of frameworks to facilitate transatlantic data flows;
- The potential impact of the Schrems II decision;
- The progress of ongoing discussions to renegotiate the EU-U.S. Privacy Shield; and
- How EU member states and the U.S. government can support transatlantic data flows and data privacy protections going forward.
The agenda for the Roundtable is included in this report as an appendix.
This report provides background on the decision, a thematic review of the Roundtable discussion, and concludes by recommending measures policymakers might consider as they work toward new solutions.
