Regulatory Watch  /  European Union  /  Court ruling
Moderate impactCourt rulingDecided

CJEU judgment limits EU‑US data outsourcing, confirms 'necessary' transfers exempt

The Court of Justice of the EU ruled that "necessary" transfers of personal data to the US are not affected by the case, while voluntary outsourcing of processing to US providers may violate the GDPR. The judgment confirms the invalidity of the Privacy Shield and restricts the use of SCCs with US entities subject to surveillance laws. Companies must review and possibly halt such data flows to avoid penalties.

Why it matters: The ruling narrows permissible EU‑US data transfers, forcing companies to reassess outsourcing to US processors.

Summary generated from the sources below. Check the primary source before relying on it; this is not legal advice.

Sources
FAQs on the CJEU case
noyb · primary source · Jul 12, 2020
FAQs on the CJEU case
noyb · Jul 12, 2020
Details
JurisdictionEuropean Union
RegulatorEuropean Commission
CourtCourt of Justice of the European Union
LawStandard Contractual Clauses
StatusDecided
PublishedJuly 12, 2020
Effectivenot stated
Penaltyfines of up to 20 million Euros or 4% of their global turnover under the GDPR
OrganisationsEuropean Data Protection Authorities, EU companies, US service providers
Topicsprivacy, cross border transfer, data governance, security
Datapersonal