I thought it’s worth re-upping some prior writing on EU-US data transfers I reread for a Lawfare piece I am doing on the new EU-US Data Privacy Framework and inevitable litigation in the CJEU.

There’s this report in 2016 after Schrems I comparing EU and legal regimes in light of the CJEU “essentially equivalent” standard.

https://www.sidley.com/-/media/publications/essentially-equivalent---final.pdf?rev=d8be58fff59b434fa8793ea8ac5b309a

And then there’s this Brookings paper after Schrems II in 2020 looking at what it
would take to address necessity & proportionality and redress.

https://www.brookings.edu/articles/the-oracle-at-luxembourg-the-eu-court-of-justice-judges-the-world-on-surveillance-and-privacy/

The oracle at Luxembourg: The EU Court of Justice judges the world on surveillance and privacy

Cameron Kerry writes about how the invalidation of the EU-U.S. Privacy Shield Framework challenges data transfers outside EU borders.

Brookings