The Schrems Legacy : an analysis of the impact of the judgement on third country data transfer

This study aims to analyse the recent changes in the data protection law regime in the EU on the transatlantic transfer of personal data and its relevance to the digital economy. The CJEU’s judgement in Schrems V Data Protection Commissioner in 2015, and the subsequent implementation of the EU-US Privacy Shield came two years before the General Data Protection Regulation came into force. Both of these events have a strong bearing on the transfer of data to the US, where the privacy regime varies significantly both in origin, scope and application to that which is established in the EU. This paper will provide an overview of the economic realities of transatlantic data transfer and the impact of data protection law in the digital economy. The key elements of EU data protection law reforms pertaining to transfer of data will be outlined. In particular, the impact of the establishment of the Charter of Fundamental Rights, and the implementation of GDPR. Key distinctions between the EU and US legal regimes will be outlined. The downfall of Safe Harbour will be examined, and an analysis of the Privacy Shield will be performed in an attempt to assess whether the new order provides a robust transfer mechanism. Finally, the future challenges and opportunities for the legal framework pertaining to transatlantic data transfer will be discussed