In the last stretch to Brexit, the current climate suggests the EU may not readily agree to maintain the current legal basis allowing data to flow across the channel, particularly if it sees the UK move closer to the US in policy and trade. Since the Schrems II decision, the pandemic has hindered US counsel's efforts to manage discovery and investigations involving businesses in Europe. In some cases, colleagues in the UK are able to take on the document review burden. However, after the Brexit transition period ends in a few months, and particularly if the pandemic continues, we may see more European counsel develop the expertise necessary to take on this role for US and UK counsel.
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Data transfers from EU to UK at risk?
Mr Schrems successfully argued that the data of EU citizens was not as safe in the US as in the EU because of the threat of surveillance by US intelligence agencies, and that it was not clear that the mechanisms of the Privacy Shield could offer genuine legal redress.