Position paper - Input to the EDBP consultation on Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data

AmCham EU appreciates the attempt to provide a roadmap for the implementation of the new standard contractual clauses (SCCs) and the European Data Protection Board’s (EDPB’s) public consultation on the Recommendations 01/2020 to collect feedback on the supplementary measures. However, we are concerned that the EDPB guidance goes beyond both the general data protection regulation (GDPR) and the Schrems II ruling of the Court of Justice of the European Union (CJEU). AmCham EU members support the purpose of the recommendations to protect rights and privacy of citizens. Nevertheless, some elements of the recommendations, if confirmed, would place an extreme burden on businesses of all sizes and sectors trying to conduct business, such as with the United States. This is concerning when thousands of American and European businesses, from small and medium-sized enterprises (SMEs) to international corporations, rely on international data transfers on a day-to-day basis.

Within our consultation response we have identified key changes that could be made to the draft recommendations to improve the EDPB’s work on data transfer measures, and we urge the EDPB to consider these elements and practical implications of the recently published recommendations in order to revaluate the text accordingly and proportionately. Please find included in our consultation reply, AmCham EU's five key recommendations.