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Schrems II and India

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This presentation explains what is Schrems II and how it impacts Indian companies in the context of data privacy. It is based on the CJEU judgement on 16 July 2020.

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Schrems II and India

  1. 1. Schrems II and India EUROPEAN DATA PRIVACY REGULATIONS www.almostism.com
  2. 2. WHAT IS SCHREMS II? The judgement delivered by the Court of Justice of the European Union on 16 July 2020. www.almostism.com Case C-311/18
  3. 3. WHAT IS SCHREMS II ABOUT? Data Privacy of people in the EU. www.almostism.com
  4. 4. WHY IS IT CALLED SCHREMS II? After the lawyer- activist Max Schrems who first raised data privacy concerns. This is the 2nd case in the series. www.almostism.com
  5. 5. WHO ARE THE PARTIES IN SCHREMS II? The Data Protection Commissioner vs Facebook Ireland Ltd, Max Schrems. Intervening parties were: The US Electronic Privacy Information Centre, BSA Business Software Alliance�Inc., and Digitaleurope.www.almostism.com
  6. 6. 2 REASONS WHY GDPR ISN'T ENOUGH 1.US surveillance program isn't limited to "essential". Hence, non-essential access to personal data was likely. www.almostism.com Violates Article 52 of EU Charter
  7. 7. 2 REASONS WHY GDPR ISN'T ENOUGH 2. No adequate redressal is available against US surveillance program. www.almostism.com Violates Article 47 of EU Charter
  8. 8. WHAT ABOUT SCCs? SCCs* cannot be considered a blanket permission to freely transfer data without adequate data protection measures. www.almostism.com *Standard Contractual Clauses
  9. 9. HOW WILL SCHREMS II IMPACT INDIA? Schrems II affects all countries, not just the USA. www.almostism.com
  10. 10. HOW WILL SCHREMS II IMPACT INDIA? Re-evaluate agreements Carry out assessments Understand Consent Processes: 1. 2. 3. www.almostism.com
  11. 11. HOW WILL SCHREMS II IMPACT INDIA? Build around regulations Treat each case as unique Don't convert exceptions into rules Laws 1. 2. 3. www.almostism.com
  12. 12. HOW WILL SCHREMS II IMPACT INDIA? Ensure immediate correction Data exporter and data importer both responsible Protect, return or destroy data Limits 1. 2. 3. www.almostism.com
  13. 13. HOW WILL SCHREMS II IMPACT INDIA? India currently doesn't have data privacy laws, hence companies must re-evaluate their data of people in the EU. Summary www.almostism.com
  14. 14. HOW WILL SCHREMS II IMPACT INDIA? Indian companies must verify if data transfer comes with adequate protection. Summary www.almostism.com
  15. 15. HOW WILL SCHREMS II IMPACT INDIA? Establish and ensure consent is explicit, specific and informed. Summary www.almostism.com
  16. 16. HOW WILL SCHREMS II IMPACT INDIA? SCCs must be approved on a company-to- company basis by DPAs* Summary www.almostism.com *Data Protection Agreements
  17. 17. HOW WILL SCHREMS II IMPACT INDIA? No extensions are granted - all reparations must be done immediately, without delay. Summary www.almostism.com
  18. 18. FURTHER READING http://almostism.com /schrems-ii- explained-india- impact/ www.almostism.com *Data Protection Agreements
  19. 19. THANK YOU! www.almostism.com

This presentation explains what is Schrems II and how it impacts Indian companies in the context of data privacy. It is based on the CJEU judgement on 16 July 2020.

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