The Impact of Schrems II and Threat of Data Localization (with Peter Swire)

We're joined again by Georgia Tech Professor and Alston & Bird LLP Senior Counsel Peter Swire to discuss the implications of the Schrems II decision by the Court of Justice of the European Union (CJEU) and its interpretation and implementation by the European Data Protection Board (EDPB). Prof. Swire talks about the potential consequences of the CJEU’s opinion and the strict interpretation by the EDPB in its draft guidance. One such consequence could be data localization in Europe and elsewhere and negative implications for commerce. Prof. Swire, who serves on the board of the Cross-Border Data Forum, notes the need to resolve the issue of U.S. government surveillance and access to personal data of persons covered by the EU’s GDPR. We also go over the importance of enactment of a U.S. national data protection law to give U.S. negotiators more credibility with their counterparts in the EU and more confidence in the importance the U.S places on individual privacy, and cover Prof. Swire’s comprehensive testimony on these issues before the Senate Commerce Committee in December 2020.