Yesterday, the European Data Protection Board issued guidance that makes it virtually impossible to transfer data from the EU to the US for backup or processing, due to the breadth of US surveillance. It's a big deal: edpb.europa.eu/sites/edpb/fil… For context: in July 2020, the EU's highest court struck down "Privacy Shield," an EU-US agreement that facilitated data transfers for more than 5,300 US companies. Its decision was based on the scope of US surveillance and lack of legal remedies for unlawful spying.

Today, the European Data Protection Board issued new recommendations for companies transferring data out of the E.U., in light of #SchremsII. The recs make clearer than ever that E.U.-U.S. transfers are in trouble, given the breadth of U.S. surveillance: edpb.europa.eu/sites/edpb/fil… The EDPB specifically calls out Section 702 of FISA, which is in conflict with E.U. law. The report states that companies can transfer data under Standard Contractual Clauses only if they ensure that U.S. government access to the data under 702 is "impossible or ineffective."