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Europe Data Protection Digest | Swire: 'Schrems II' ruling could have unintended consequences Related reading: UK Parliament committee to review EU-UK adequacy agreement

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Alston & Bird Senior Counsel Peter Swire writes in a piece for Le Monde that the Court of Justice of the European Union and other European officials should be cautious of the ramifications that may stem from the "Schrems II" case. Should the CJEU invalidate standard contractual clauses, most personal data transfers between the EU and U.S. would be prohibited; however, transfers to countries with less strict data protection laws would not. “This approach would be completely unjustified: it would prohibit transfers of data to the U.S., which has numerous legal safeguards characteristic of a state under the rule of law, while allowing such transfers toward China, where the protection of personal data vis-à-vis the government is essentially non-existent,” Swire writes.
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