In a piece for Lawfare, Sidley Austin Privacy and Cybersecurity Partner Alan Charles Raul explains why the concerns expressed by the Court of Justice of the European Union in its "Schrems II" ruling regarding U.S. surveillance laws are not applicable to data transfers to the U.S. under standard contractual clauses. "Surveillance under Section 702 and Executive Order 12333 may not target communications of U.S. persons — including American companies — or persons reasonably believed to be in the U.S. Data transfers pursuant to SCCs between an American company in Europe to its American headquarters in the U.S. are exactly the types of communications that may not be targeted under those authorities," Raul writes.
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