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The future of data transfers to the US

More than one month after the pivotal Schrems II decision of the Court of Justice of the European Union (CJEU), companies may still find themselves without clear guidance for the transfer of personal data to the US.

The CJEU only defined key areas which must be reviewed when assessing the legal framework of the third country. In the same decision, the CJEU upheld the general validity of Standard Contractual Clauses (SCCs). However, where SCCs alone cannot provide an adequate level of protection, contractual frameworks must be amended by additional measures.

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