The EU-US Privacy Shield Invalidated: What it Means for US B2B Marketers

Director of Engineering at Jabmo

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On July 16, 2020, Europe’s highest court struck down the EU-US Privacy Shield saying the framework does not adequately protect European users from the U.S. government’s far-reaching surveillance laws.

This decision does not impact Jabmo customers because Jabmo is a European based company and all customer personal data is processed in the EU.

The decision will force US-based marketing technology vendors that currently rely on the EU-US Privacy Shield to change their privacy policies, particularly when it comes to how and why they collect data on EU users.

For now, other EU-U.S. data transfer mechanisms, such as the Standard Contractual Clauses, remain intact BUT subject to additional, intense scrutiny by EU regulators

The U.S. Department of Commerce has announced that it will continue to enforce the Privacy Shield for current registrants while attempting to negotiate a revised data transfer framework with the EU Commission.

According to JD Supra, U.S. companies dependent on the Privacy Shield for EU-U.S. data transfers must explore other data transfer options in order to avoid illegal transfers of personal data from the EU in violation of the General Data Protection Regulation (GDPR).

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