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Sending data to the USA just became a lot more difficult!


Sending data to the USA just became a lot more difficult!

On 16th July, in a decision that will have far-reaching implications for all organisations that send personal data outside the EU, the Court of Justice of the European Union (CJEU) decided that:

  • Privacy Shield is invalid as a mechanism for transferring personal data to the USA; and
  • Standard Contractual Clauses (SCCs) cannot be used without also taking steps to check the data to be transferred will be adequately protected in accordance with the GDPR.

This decision means that all organisations that are sending data to the USA or use American businesses that rely on Privacy Shield will need to put in place one of the alternative arrangements permitted by the GDPR.

A list of the US businesses that use Privacy Shield can be found here. These include some very high-profile companies, that many UK organisations use, including Facebook, Google, HubSpot, Mailchimp, and Microsoft.


This decision means that:

  • There can be no new transfers of personal data to the USA via Privacy Shield
  • All current arrangements to transfer personal data outside the EU via SCCs will need to be reviewed

If your organisation is looking to comply with the requirements of the GDPR then take a look at how our CSaaS and DPaaS solutions can help.

Appointing NormCyber as our virtual DPO has given Ferrero the best of both worlds – access to data protection experts who understand what we stand for as a business, without the hefty overheads usually associated with appointing an in-house DPO.

Harpreet Thandi
Regional Counsel, UK & Ireland, Ferrero

We were looking for a virtual DPO service that offered all of the benefits of a fully qualified data protection lawyer, without the overheads of an in-house hire. The DPaaS solution from norm. has been invaluable in helping us to ensure we respect the integrity of our customers’ personal information, while using it to continue to deliver differentiated products and services which support our growing customer base.

Mike Whitfield, Compliance Manager

CSaaS allows me to step away from multi-vendor management as the Security Operations Centre coordinates all of the technology for me.

David Vincent, CTO

We were in the market for an independent Data Protection Officer service that was well versed with both UK and EU regulators. We’re thrilled to have acquired this service knowing that an expert is available 24/7.

Suzanne McCabe, Head of Project Management
James Hambro & Partners

Norm’s penetration testing layer, along with the suite of CSaaS modules has enabled MA to exceed all its audit requirements for its major clients.

Rob Elisha, ICT and CRM Manager
Montreal Associates

The speed of your Data Protection Officer’s response was very impressive – it was far quicker than I would have expected even from an in-house DPO

Will Blake, Director of Technology and Analytics
CRU Group