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Thuringia: TLfDI welcomes Schrems II judgment, expresses concerns about impact on SCCs

The Thuringia State Commissioner for Data Protection and Freedom of Information ('TLfDI') issued, on 16 July 2020, a statement welcoming the Court of Justice of the European Union's ('CJEU') judgment in Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems (C-311/18) ('the Schrems II Case'). In particular, the TLfDI data protection officer, Dr Lutz Hasse, highlighted that the CJEU was correct in finding that the monitoring data flows by US programs was disproportionate and, thus, incompatible with EU data protection law. In addition, Hasse welcomed the CJEU's reasoning that the Ombudsman mechanism, through which the data subject contacted an Ombudsman in the US to ensure the lawful processing of their data, had failed to meet EU data protection guarantees. However, Hasse expressed concerns about the impact of the Schrems II judgment on Standard Contractual Clauses ('SCCs') noting, in particular, that while SCCs will continue to apply, it is questionable whether they will remain viable options. More specifically, Hasse explained that SCC compliance will be assessed by the data exporter and the data recipient before the transfer, and that it remains unclear, in the case of a data transfer to the US, how an assessment of compliance with EU data protection law will come into play. 

You can read the press release, only available in German, here.