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Daily Dashboard | Why EU-US data transfers may not be impacted by 'Schrems II' Related reading: Notes from the IAPP, Jan. 15, 2020

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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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  • comment Luca Isnardi • Dec 22, 2020
    I'd like this analysis to be correct, but I have some serious doubt. In particular, I'm not sure that Exporter and Importer organization can be considered, in general, as the "targeted persons". My understanding is that exporter and importer may exchange communications/data concerning the targeted person, who may easily be a person nor in the U.S. neither a U.S. person reasonably believed to be located outside the United States.