Protecting our users’ personal data is one of our top priorities. To this end, we continually take all necessary steps to update our processes and policies to meet data privacy rules.
Based on a new ruling in the Court of Justice of the European Union on July 16, 2020, we have adjusted the way we transfer data.
The July 16, 2020 decision and its significance
On July 16, 2020 the Court of Justice of the European Union (CJEU) delivered a ruling in the case known as Schrems II. The court decided that:
- The Privacy Shield is no longer considered an adequate mechanism for Europeans’ personal data to be transferred to the US.
- The Standard Contractual Clauses (SCC), another commonly used mechanism for transatlantic data transfers, still ensures compliance with the level of protection required by EU law.
This case is significant because EU regulations (including GDPR) require an adequate data transfer mechanism that allows US-based services to transfer and process EU personal data.
By invalidating Privacy Shield as an appropriate data transfer mechanism between the EU and US, Standard Contractual Clauses remain, for now, the most realistic option for the transfer of personal data outside of the European Economic Area (EEA).
Impact on TalentCards
We strive to ensure that TalentCards and our sub-processors follow the same data protection obligations at all times.
As a result of this new ruling, we’ve put new processes in place and updated our information. Namely, we have:
- Removed any reference to the now invalidated Privacy Shield transfer mechanism
- Incorporated the Standard Contractual Clauses (SCC) in our DPA
Note: TalentCards data transfers are subject to the latest versions of the SCC approved by the European Commission, as published in the Official Journal of the European Union. This means TalentCards (and, by extension, our customers) will always be compliant with respect to the processing of personal data while using our platform.
What you need to do
The Data Processing Agreement (DPA) is an integral part of your agreement with TalentCards and automatically binding for both TalentCards and the Customer. So, with this new ruling, you don’t need to take any action.
If you have signed a previous version of the DPA, we recommend you sign the new version available here.