Demise of Privacy Shield may be the end of U.S.-Europe data transfers

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Tools used to shuttle digital information out of Europe are stuck in legal limbo. Now companies are considering the once-unthinkable: limiting the flow of data out of the bloc

rallying around the concept of frictionless data that has undergirded the internet since its inception.But the annulment of Privacy Shield suggests the tide may be turning on the idea of a truly borderless internet.

. Digital wallet provider Dashlane has stored user data in Europe since its launch in 2012 because founders believed that high data protection standards would appeal to its customers. Those companies may well become the precursors to a stampede. A lawyer who represents large tech companies — and who asked to speak on condition of anonymity to discuss confidential matters — said they now advise some clients to consider compartmentalizing data in different regions.

But an apparent endorsement of SCCs came with hidden barbs: The court stressed that it was up to companies and data protection regulators to check if transfers done using those instruments adhered to Europe’s high data protection standards.

 

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