Privacy Enforcement and Cross-Border Data Flows: From Schrems I to Schrems II

Salon 5, Level M2

Alan Charles Raul, Partner, Sidley Austin

Max Schrems, Founder, Europe v Facebook

Six years after first launching his Europe v Facebook campaign, Max Schrems continues to fight for the rights of European consumers against powerful global multinationals. Having brought down the EU-U.S. Safe Harbor arrangement, which was struck down by the European high court in the Schrems I case, Max Schrems—no longer the “Austrian law student” but now head of his privacy advocacy NGO—is now litigating against the validity of standard contractual clauses in the Schrems II case. In this session, leading law and technology lawyer Alan Charles Raul talks with Schrems about the changes made to U.S. surveillance laws after the Snowden revelations, the framework for protection of cross-border data flows, privacy as a human right and as a consumer cause of action, and the prospects for individual and class litigation for digital privacy infringements in the EU. What will the Schrems III case be about? Will enforcement activity in Europe focus on U.S.-based multinationals or will European SMEs and public-sector authorities be affected as well? How does the U.S. privacy landscape differ under a Trump administration?

What you’ll take away:

• A lively discussion between two strong voices presenting U.S. and European privacy approaches

• An explanation of the latest developments in the delicate balance between law enforcement and national security interests and individual rights

• An opportunity to engage Max Schrems, whose name has become synonymous with legal oversight for digital privacy in Europe