On February 3, 2021, the Conference of the Supervisory Authorities (“SAs”) of Germany (known as the Datenschutzkonferenz or “DSK”) published minutes from its meetings held in November 2020 (available here, in German).  The minutes include discussions about how the German SAs plan to enforce the recent Schrems II ruling of the Court of Justice of the European Union (“CJEU”).  Notably, the Berlin SA (coordinator of the DSK’s Schrems II task force) sought consensus to ensure a joint enforcement approach.

Among other things, a proposal was put forth to begin directly querying organizations in Germany about the practical steps they have taken (if any) to ensure the lawfulness of their personal data transfers.  In particular, the Hamburg SA indicated that it would begin carrying out random checks using an “agreed questionnaire” with specific queries on how controllers are implementing the CJEU’s judgment, and each German SA would be free to decide whether it will also carry out such checks.

In light of this development, companies transferring personal data outside of Europe (including to the United States) should be aware that their transfers may soon be subject to greater scrutiny in Germany.  Therefore, if they have not already done so, companies should take account of their transfers and consider what additional measures may be needed to demonstrate compliance with the Schrems II decision.  Among other things, they may want to consider the European Data Protection Board’s draft recommendations on measures that supplement transfer tools to ensure an adequate protection of personal data (you can find our prior blog post on those draft recommendations here).

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Photo of Lars Lensdorf Lars Lensdorf

Lars Lensdorf is a partner in the Frankfurt office. He focuses on IT law, outsourcing, cloud-services, digitalization/ industry 4.0, IT related bank regulatory matters, IT-compliance, incl. cybersecurity and data protection.

Furthermore, Lars is also focused on interfaces to other practice areas to the…

Lars Lensdorf is a partner in the Frankfurt office. He focuses on IT law, outsourcing, cloud-services, digitalization/ industry 4.0, IT related bank regulatory matters, IT-compliance, incl. cybersecurity and data protection.

Furthermore, Lars is also focused on interfaces to other practice areas to the extent that IT related matters are affected, e. g. regulatory requirements for banking and financial services as well as public procurement law.

Photo of Moritz Hüsch Moritz Hüsch

Moritz Hüsch is partner in Covington’s Frankfurt office and co-chair of Covington’s Technology Industry Group as well as the Artificial Intelligence (AI) and Internet of Things (IoT) Practice Groups. His practice focuses on complex technology- and data-driven licensing deals and cooperations, outsourcing, commercial contracts…

Moritz Hüsch is partner in Covington’s Frankfurt office and co-chair of Covington’s Technology Industry Group as well as the Artificial Intelligence (AI) and Internet of Things (IoT) Practice Groups. His practice focuses on complex technology- and data-driven licensing deals and cooperations, outsourcing, commercial contracts, e-commerce, m-commerce, as well as privacy and cybersecurity.

Moritz is regularly advising on issues and contracts with respect to IoT, AV, big data, digital health, and cloud-related subject matters. In addition, he regularly advises on all IP/IT-related questions in connection with M&A transactions. A particular focus of Moritz’s practice is on advising companies in the pharmaceutical, life sciences and healthcare sectors, where he regularly advises on complex licensing, data protection and IT law issues.

Moritz is regularly listed as one of the best lawyers in the areas of IT and data protection, among others by Best Lawyers in cooperation with Handelsblatt, Wirtschaftswoche and Legal 500.

Photo of Kristof Van Quathem Kristof Van Quathem

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty…

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty years and developed particular experience in the life science and information technology sectors. He counsels clients on government affairs strategies concerning EU lawmaking and their compliance with applicable regulatory frameworks, and has represented clients in non-contentious and contentious matters before data protection authorities, national courts and the Court of the Justice of the EU.

Kristof is admitted to practice in Belgium.