No One-Size-Solution Fits All for Transfers from EU to U.S.

The Privacy Shield is subject to heightened obligations and regulatory scrutiny and is being challenged in the EU; consent is a questionable mechanism (due to the perceived imbalance of power between employers and employees). Transfer contracts are problematic (ad hoc contracts are expensive and difficult to implement, and standard contractual clauses cannot be modified), and binding corporate rules are only valid for intra-company data sharing.

Source: Cross-Border Information Sharing for Effective Services

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