After the ECJ declared the "Privacy Shield" agreement null and void ( as we reported ), Google will in future rely on standard contractual clauses as the legal basis for processing data in the USA - at least for the Google AdSense advertising program. This is clear from information emails that are currently being sent to AdSense users. According to them, the new rules are to come into force on August 12th.
The "Privacy Shield" agreement previously regulated the processing of data from European users in the USA. It was recently overturned by the ECJ - as was its predecessor, "Safe Harbor". This is currently posing major challenges for companies in this country. From one moment to the next, the legal basis for transferring personal data to the USA was rcs data uk withdrawn. Shortly after the ruling, the Data Protection Conference (DSK) made it clear that any data transfer based on the Privacy Shield was now inadmissible and had to be stopped "immediately".
There is also no transition or grace period. It is questionable to what extent this would have held up in court in the event of a dispute, because it is in the nature of things that a changeover can take at least a few days. A possible alternative to the Privacy Shield are the so-called "standard contractual clauses", which were approved by the EU Commission. They already existed before the GDPR came into force two years ago.
Taking certain conditions into account, they offer an easy-to-use basis for the transfer of personal data to other countries. Regardless of this, processing is possible in accordance with Art. 49 GDPR, after the user has given their consent and been informed. Since Google has also relied on the Privacy Shield in its general data protection regulations to date, it can be assumed that standard contractual clauses will also be used here. Other companies, such as Facebook, have previously relied on the aforementioned standard contractual clauses. Now it is up to politicians to negotiate a new agreement with the USA. Legal certainty for companies is essential. It would be the third attempt. What is the saying? "All good things come in threes