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SCC

On July 16, 2020, the European Court of Justice (CJEU) struck down the Privacy Shield that secured unrestricted EU-US data flow on the grounds that personal data transferred to and stored in the US could not be guaranteed an adequate level of data protection as that under the GDPR. The decision by the CJEU to rule the Privacy Shield invalid renders the US a non-adequate country without any special access to Europe’s personal data streams.

The CJEU however, validated the new Standard Contractual Clauses (SCC), another commonly used mechanism for transatlantic data transfers, saying that this mechanism does make it possible in practice to ensure compliance with the level of protection required by EU law.

On July 10, 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework. This decision classifies the US as a country that ensures an adequate level of protection for Personal Data received from the European Economic Area.

Since then, Mouseflow relies on its subcontractors’ certification under the EU-U.S. Data Privacy Framework, the Swiss-US Data Privacy Framework and the UK-US Data Privacy Framework (together, the “DPF”) operated by the U.S. Department of Commerce or, to the extent that the DPF is invalidated or ceases to be an appropriate safeguard under Article 46 GDPR for transfers to the US, then, such transfer shall be subject to appropriate Standard Contractual Clauses (SCC) in place with subcontractors.

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