European Court of Justice’s Decision and Impact to the EU-US Privacy Shield Framework

Instructions

Crucial Data Solutions (CDS) recognizes the importance of data protection and embraces a heightened duty to protect customer data that is entrusted to us. As part of that commitment, we understand that recent decisions in July 2020 by the European Union Court of Justice have raised questions for our customers. Please read below for information on how we can help ensure that transfers of personal data from the European Union (EU) to the United States (US) can occur in line with EU data protection laws.

Q: What is the EU-US Privacy Shield Framework?

A: The EU-US Privacy Shield Framework was developed and agreed to by the European Commission and the US Department of Commerce in 2016. It enabled US organizations certified under the programs to legitimately receive personal data from the EU.  More information about the programs may be found at the U.S. Department of Commerce’s website at: https://www.privacyshield.gov/welcome .

Q:  What has happened to the EU-US Privacy Shield Framework?

A:  On 16 July 2020, the European Union Court of Justice (CJEU) declared the EU-US Privacy Shield program invalid. As a result, organizations can no longer rely upon their Privacy Shield certification as a method for transferring personal data from the EU to the US.

Q: What does this mean for my company using Crucial Data Solutions' products and services?

A: To ensure that transfers of personal data from the EU to the US can occur in line with European data protection laws, we will enter into the Standard Contractual Clauses (sometimes referred to as model clauses) with our customers upon request. These Standard Contractual Clauses legitimize the transfer of personal data from the EU to the US.

Q: What are the Standard Contractual Clauses?

A: The Standard Contractual Clauses are a set of contract terms created by the European Commission to legitimize the transfer of personal data from Europe.

Q: How does my company incorporate Standard Contractual Clauses into my CDS contract?

A: You should complete, sign, and return the Standard Contractual Clauses to privacy@crucialdatasolutions.com.  The Standard Contractual Clauses, by its terms, will be incorporated into your existing agreement with CDS.

Q: What should I do if I have additional questions?

A: Please contact privacy@crucialdatasolutions.com and we will be happy to assist you.