Il quadro normativo
La privacy applicata
The EDPB Recommendations: International Data Transfer after Schrems II
In the aftermath of judgment C-311/18 of the Court of Justice of the European Union (so called, “Schrems II”), which revolutionized the transfer of personal data outside the EEA, last November 10 th , 2020, the European Data Protection Board (“EDPB”) has published Recommendations 01/2020 and Recommendations 02/2020 to assist data exporters to comply with their obligations. In particular, the EDPB offered guidance on how to assess whether the third country of destination meets the European standards of protection of the right to privacy (Recommendations 02/2020) and whether and which additional measures would need to be put in place for the envisioned transfer (Recommendations 01/2020).#Moving from the analysis of the six-step roadmap and the European Essential Guarantees identified by the EDPB to guide data exporters’ assessment, this article aims not only to provide an overview of the EDPB's recommendations, but also to assess their effectiveness in practice. While the recent guidelines indisputably constitute a fundamental support to data exporters, this article questions whether they sufficiently facilitate the international data flow, especially in those cases where the high standards set by Schrems II and the EDPB cannot be respected.