Victoria Hudgins: Judge Panel: ‘Schrems II’ Could Impact US Discovery Matters, Upcoming Brexit

Extract from Victoria Hudgins’ article “Judge Panel: ‘Schrems II’ Could Impact US Discovery Matters, Upcoming Brexit”

An EU court ruling, judges’ growing comfort with issuing sanctions, and the popularity of ephemeral messaging apps may have far-reaching repercussions in the U.S. e-discovery world, according to a judges keynote panel during day two the virtual Relativity Fest conference.

The notable Schrems II battle came to a conclusion in July and dealt a significant blow to corporate collection of EU citizens’ data when the Court of Justice of the European Union (CJEU) deemed the Privacy Shield an inadequate measure for protecting EU citizens’ data from disproportional access from U.S. law enforcement.

The Privacy Shield met the same demise as its predecessor the Safe Harbor, but England and Wales High Court Master Victoria McCloud noted Schrems II didn’t invalidate the commonly used standard contractual clause. However, Schrems II did place additional analysis burdens on corporations that decide to use standard contractual clauses, McCloud said.

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