Is Data Localization a Solution for Schrems II?

Journal of International Economic Law, Forthcoming

15 Pages Posted: 5 Sep 2020

See all articles by Anupam Chander

Anupam Chander

Georgetown University Law Center

Date Written: July 27, 2020

Abstract

For the second time this decade, the Court of Justice of the European Union has struck a blow against the principal mechanisms for personal data transfer to the United States. In Data Protection Commissioner v Facebook Ireland, Maximillian Schrems, the Court declared the EU-US Privacy Shield invalid and placed significant hurdles to the process of transferring personal data from the European Union to the United States via the mechanism of Standard Contractual Clauses. Many have begun to suggest data localization as the solution to the problem of data transfer; that is, don’t transfer the data at all. I argue that data localization neither solves the problem of foreign surveillance, nor enhances personal privacy, while undermining other values embraced by the European Union.

Keywords: Cyberlaw, Data Localization, International Trade

Suggested Citation

Chander, Anupam, Is Data Localization a Solution for Schrems II? (July 27, 2020). Journal of International Economic Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3662626 or http://dx.doi.org/10.2139/ssrn.3662626

Anupam Chander (Contact Author)

Georgetown University Law Center ( email )

Washington, DC

HOME PAGE: http://Chander.org

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