17 6. Developments Post Judgment in Schrems II 29.
The judgment of the CJEU in Schrems II was undoubtedly a very significant one. All
parties were agreed on that. In correspondence with Mr. Schrems’ solicitors, Ahern Rudden Quigley (“ARQ”), after the judgment, the DPC’s solicitors, Philip Lee, described the judgment as being “transformative of the law as it relates to EU/US data transfers” (letter from Philip Lee to ARQ dated 24th July, 2020). That description was repeated in the DPC’s letter to ARQ dated 10th September, 2020. 30.
The DPC issued a statement on the day of the CJEU judgment which included the
following comments:“Reflecting the complexity of many of the legal issues it addresses, the judgment (and, indeed, the case as a whole) has many layers, each of which will require careful consideration in the coming days and weeks.
So, while in terms of the points of principle in play, the Court has endorsed the DPC’s position, it has also ruled that the SCCs transfer mechanism used to transfer data to countries worldwide is, in principle, valid, although it is clear that, in practice, the application of the SCCs transfer mechanism to transfers of personal data to the United States is now questionable. This is an issue that will require further and careful examination, not least because assessments will need to be made on a case by case basis.
As well as providing clarity on points of substance, today’s judgment also contains important statements of position relating to matters of process, to include the allocation of responsibility between data controllers and national supervisory authorities when it comes to ensuring that the rights of EU citizens are protected in
