Keypoint: In the wake of Schrems II, the EDPB’s much-anticipated recommendations provide extensive guidance on supplementary measures parties can use to legally transfer data out of the EEA in the absence of an adequacy decision.
In a flurry of activity last week, the European Data Protection Board (EDPB) and the European Commission made major announcements affecting cross-border data transfers out of the EEA.
First, the EDPB announced the adoption of draft recommendations on measures that supplement cross-border data transfer tools as well as recommendations on the European Essential Guarantees for surveillance measures. The recommendations were adopted during the EDPB’s 41st plenary session and in response to the CJEU’s Schrems II ruling. The following day, the European Commission published a draft set of new standard contractual clauses. Taken together, these documents will, once finalized, fundamentally change data transfers out of the EEA.
The below post will examine the EDPB’s draft recommendations on supplementary measures. The draft new standard contractual clauses will be discussed in a separate post.