In 2020, the European Court of Justice (ECJ) annulled Privacy Shield, the EU-U.S. data flows pact. That decision, however, did not invalidate the privacy standard contractual clauses (SCCs). In an earlier post the issue of if the SCCs would survive the ECJ’s Privacy Shield decision was raised: https://spelusolawoffice.com/2020/09/11/will-the-eus-standard-contract-clauses-survive-the-invalidation-of-privacy-shield-with-respect-data-transfers-between-the-eu-and-us/.

The news website Politico recently reported that the Irish Data Protection Commission circulated a draft decision to its EU data privacy counterparts blocking reliance on the SCCs for the transfer of privacy data between the EU and the US: https://www.politico.eu/article/europe-faces-facebook-blackout-instagram-meta-data-protection/. If adopted, the flow of privacy data will essentially cease between the EU and US.