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Daily Dashboard | Does AG’s opinion mean there’s hope for Privacy Shield? Related reading: Notes from the IAPP, July 30, 2021

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Following yesterday’s opinion by Advocate General Henrik Saugmandsgaard Øe asserting the data retention laws of note — those in the U.K. and Sweden — “may be compatible with EU law [but] subject to satisfying strict requirements,” Denis Kelleher discusses what the case may mean for Privacy Shield. “If the ECJ agrees that national data retention laws can, subject to the appropriate controls, comply with EU data protection law, this may then suggest that the data retention regimes of third countries, such as the U.S., can also comply with EU law (again subject to the appropriate controls). This might make it more likely that the EU-U.S. Privacy Shield would survive referral to the ECJ,” writes Kelleher in this exclusive for The Privacy Advisor.
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