With a new Privacy Shield in place, the next step is for the Article 29 and Article 31 working parties to review the agreement between the U.S. and the EU. In an op-ed for Newsweek, Morrison and Foerster’s Miriam Wugmeister and Cynthia Rich, the latter a member of the U.S. team that negotiated the 2000 Safe Harbor agreement, express concern that European data protection authorities will extend the logic of the Schrems decision to binding corporate rules and standard contractual clauses, invalidating all forms of trans-border data flow. “Using the ECJ decision to invalidate these alternative ways is misplaced,” they write. “European lawmakers recognize that personal information must be transferred to more than a handful of countries deemed adequate.”
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