Home > ICO > Updated ICO statement on recommendations published by the European Data Protection Board following the Schrems II case

Updated ICO statement on recommendations published by the European Data Protection Board following the Schrems II case

An ICO spokesperson said:

“We are reviewing the two recommendations published by the European Data Protection Board (EDPB) following the CJEU Schrems II ruling in July. The judgment confirmed how EU standards of data protection must travel with personal data when it goes overseas.

 “The first recommendation updates the European Essential Guarantee for surveillance measures.

“The second has been published for public consultation and looks at the extra measures organisations may take to support the international transfer of data to meet EU standards, and is out for public consultation.

“This recommendation follows previous EDPB guidance stating that organisations must conduct a risk assessment as to whether a transfer tool, such as Standard Contractual Clauses (SCCs), provides enough protection within the legal framework of the destination country. If not, organisations must put extra measures in place to mitigate the risks.

“The Schrems II judgment said that supervisory authorities have an important role to play in the oversight of international transfers. As part of this role we are reviewing the recommendations and will consider whether we need to publish our own guidance in due course.

“We are also reviewing the European Commission’s new GDPR SCCs currently under consultation.

“We reiterate our advice that organisations should take stock of the international transfers they make, and update their practices as guidance and advice become available.

“We continue to apply a risk-based and proportionate approach to our oversight of international transfers in accordance with our Regulatory Action Policy.”

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