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International Data Transfers — Are BCRs the Salvation to Data Transfers?

Original broadcast date: June 2021

2020 was rich in developments related to international data transfers and 2021 is promising to continue this trend. The panel discussed the implications of the CJEU's judgment in the ‘Schrems II’ case, notably regarding EU standard contractual clauses. In this context, it follows that companies may be asking themselves the following questions: Should BCRs be amended / updated to become ‘Schrems II’ compliant? And if so, how? Will specific BCRs be the next data transfer mechanism challenged before the court? Or will BCRs remain the safest solution left available for companies? How to ensure an appropriate data transfer strategy? The panel considered these pertinent issues and offered practical insights on the mechanics of BCRs and their implementation for controllers and processors, including in the environment of a multinational company.

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