18 May 2021

Transferring EU Data To US After New Contractual Safeguards – A Proposal to Notify Intelligence Agencies of “US Person” Prohibition on Targeting SCC Transfers

This article was first published by Law360 on May 17, 2021.

In light of new standard contractual clauses, or SCCs, to be issued shortly by the European Commission, as well as imminent new guidance from the European Data Protection Board, companies transferring personal data to the U.S. should consider taking steps to help ensure their data transfers are recognized as U.S. person communications.

This article sets forth possible text that companies could adopt as a supplemental measure to inform U.S. intelligence agencies that data transfers under SCCs are prohibited from being targeted.

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